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PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
 
 Contents:
 
  1. Contact details [Section 51(1) (a)]
 
  2. The section 10 Guide on how to use the Act [Section 51(1)(b)]
 
  3. Records available in terms of any other legislation [ S ection 51(1) (d)]
 
  4. Access to the records held by the private body in question [Sections 51(1) (c) and 51(1) (e)]
 
 
  i The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]
     
  ii Records that may be requested [Section 51(1)(e)]
     
  iii The request procedures
 
  5. Other information as may be prescribed [Section 51(1) (f)]
 
  6. Availability of the manual [ S ection 51(3)]
 
  7. Limitation of Liability
A) Introduction to VAN GAALEN ATTORNEYS
 
  Van Gaalen Attorneys is Law Firm, managed as a partnership. The Law Firm specialises in Information, Communications, technology (“ICT”)-, Labour -and Sports Law.
 
B) PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
 
  1. Contact details [Section 51(1) (a)]
 
 

Van Gaalen Attorneys is located at 113 Beyers Naude Drive , Northclifff, Johannesburg

 
JOHANNESBURG    
     
PHYSICAL ADDRESS   POSTAL ADDRESS
113 BEYERS NAUDE DRIVE   POSTNET SUITE 116
NORTHCLIFF  

PRIVATEBAG X1

JOHANNESBURG  

NORTHCLIFF

2195   2115
     
Telephone:   +27 (0) 11 782 9511/2
Facsimile:   +27 (0) 11 782 9513
Email:   info@vangaalenlaw.co.za
 
2. The section 10 Guide on how to use the Act [Section 51(1)(b)]
 
  The Guide is available from the South African Human Rights Commission or click here to view guide (online version).
 
 

Please direct any queries to:

 
The South African Human Rights Commission:
     

PAIA Unit

The Research and Documentation Department
     
POSTAL ADDRESS
Private Bag 2700    

Houghton

   

2041

   
     
Telephone:   +27 11 484-8300
Fax:   +27 11 484-7146
Website:   www.sahrc.org.za
E-mail:   PAIA@sahrc.org.za
 
3. Records available in terms of any other legislation, notices and regulations
4.

Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

  • Records that are automatically available to the public are all records of van Gaalen Attorneys lodged in terms of government requirements with various statutory bodies and records available on van Gaalen Attorneys website ( www.vangaalenlaw.co.za ).

  • Van Gaalen Attorneys maintain records on the following categories and subject matters (please note that the accessibility of the records listed below may be subject to the grounds of refusal as set out in the Act and inclusion in this list does not imply that the request for the record will be granted):
  Movable and Immovable Property  
 
  • Title Deeds
  • Lease Agreements
  • Hire Agreements
  • Hire-Purchase Agreements
  • Ordinary and Conditional Sale Agreements
  •  
         
      Intellectual Property  
     
  • Trade Marks;
  • Patents;
  • Copyright;
  • Domain names
  • Designs;
  • Know-How
  • Licences
  •  
         
      Insurance  
     
  • Policies;
  • Insurance claim files
  •  
         
      Financial Documents and Records:  
     
  • Ledgers, sub-ledgers and supporting documentation;
  • Journals;
  • Fixed asset register;
  • Management accounts;
  • Annual financial statements;
  • Month end records;
  • Budgets;
  • Minutes of meetings relating to financial matters;
  • VAT records;
  • Tax records including tax returns and assessments;
  • Invoices;
  • Banking details and bank accounts;
  • Financial control reports;
  • Correspondence; and
  • Policies and procedures.
  •  
         
      Legal & regulatory:  
     
  • Contracts;
  • Commercial disputes;
  • Litigation;
  • Standard operating procedures and policies
  • Permits, licenses, consent, approvals, authorisations, applications,     registrations and exemptions;
  •  
         
      Human Resources Documents and Records:  
     
  • Human Resource policy documents;
  • Employee information;
  • Employment contracts;
  • PAYE records;
  • UIF records;
  • Payroll reports
  • Payslips;
  • IRP5’s;
  • Leave records;
  • Disciplinary codes and procedures and records;
  • Labour disputes;
  • Grievance procedure
  • Performance management records;
  • Long service awards;
  • Employment equity plan;
  • Attendance register records;
  • Medical aid records;
  • Accident books and records
  • Workplace and Union agreements and records; and
  •  
         
      Sales and Marketing Documents and Records:  
     
  • Customer database;
  • Service provider database;
  • Brochures and newsletters in respect of products and services offered by van     Gaalen Attorneys
  •  
         
      Information Technology Records:  
     
  • Licenses;
  • Software programmes and applications;
  • Computer generated databases;
  • System documentation and manuals;
  • Project, disaster recovery and implementation plans;
  • Internet and intranet policy documentation
  • Electronic Communications policy documentation
  • System security policy documentation
  •  
     
      Form of request:  
     
  • The requester must use the prescribed form to make the request for access to a record. This must be made to either one of the heads of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)] A request will be deemed to be received by van Gaalen Attorneys when van Gaalen Attorneys acknowledged receipt thereof - an automatic reply by a computer will be seen as acknowledgement of receipt.

     
         
     
  • The requester must provide sufficient detail on the request form to enable van Gaalen Attorneys to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].

     
         
     
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2) (d)].

     
         
     
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2) (f)].

     
         
      Fees:  
     
  • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee as been stipulated in the Regulations promulgated in terms of the Act. Payment of the fees must take place prior to making available the requested record/s;

     
         
     
  • The fee for a copy of the manual as contemplated in regulation 9(2) (c) is R1, 10 for every photocopy of an A4-size page or part thereof.

     
         
      Under the heading of “ Voluntary disclosure and automatic availability of certain record ” the fees for reproduction referred to in regulation 11(1) are as follows:  
         
     
    A)   For every photocopy of an A4-size or part thereof R 1,10
    B)   For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form. R 0,75
    C)   For a copy in a computer-readable for on –  
    (i)  stiffy disc

    R 7,50

    (ii) compact disc R 70,00
    D)   (i) For a transcription of visual images for an A4-size page or part thereof.

    R40,00

    (ii) For a copy of visual images. R60,00
    E)   (i) For a transcription of an audio record, for an A4-size page or part thereof.

    R20,00

    (ii) For a copy of an audio record. R30,00
     
         
      The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50, 00 .  
         
      A requester whose request for access to a record of a private body has been granted must pay an access for reproduction and for search and preparation. The access fees payable by a requester referred to in regulation 11(3) are as follows:  
         
     
    A)   For every photocopy of an A4-size or part thereof R 1,10
    B)   For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form. R 0,75
    C)   For a copy in a computer-readable for on –  
    (i)  stiffy disc

    R 7,50

    (ii) compact disc R 70,00
    D)   (i) For a transcription of visual images for an A4-size page or part thereof.

    R40,00

    (ii) For a copy of visual images. R60,00
    E)   (i) For a transcription of an audio record, for an A4-size page or part thereof.

    R20,00

    (ii) For a copy of an audio record. R30,00
    F)   To search for and prepare the record for disclosure, for each hour or part of an hour reasonably required for such search and preparation. R30,00
     
         
      For purpose of section 54(2) of the Act, the following applies :  
      Six hours as the hours to be exceeded before a deposit is payable; and  
      One third of the access fee is payable as a deposit by the requester.  
         
      The actual postage is payable when a copy of a record must be posted to a requester.  
     

    5. Other information as may be prescribed [Section 51(1) (f)]

     
      The Minister of Justice and Constitutional Development has not made any regulations in this regard.
     
    6. Availability of the manual [Section 51(3)]
     
     

    This manual will also be available for inspection at the offices of van Gaalen Attorneys free of charge; and copies are available with the South African Human Rights Commission and on van Gaalen Attorneys' website.

     
    7. Limitation of Liability
     
      Van Gaalen Attorneys are relieved from liability and shall have no duty whatsoever, in relation to:
    • the integrity and or accuracy of the information requested;
    • any delay associated with the delivery except to comply with the procedures stipulated herein; and/or
    • that the information requested shall conform with the requirements of the requestor except that it should correspond with the title and description provided by the requestor.
     
    FORM C

    REQUEST FOR ACCESS TO RECORD OF VAN GAALEN ATTORNEYS

     
    (Section 53(1) of the Promotion of Access to Info rmation Act, 2000
    (Act No. 2 of 2000))
     

    [Regulation 10]

     
    A. Particulars of private body
     
    The Head:
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
    B. Particulars of person requesting access to the record
     
    (a)   The particulars of the person who requests access to the record must be given below.
    (b)   The address and/or fax number in the Republic to which the information is to be sent must be given .
    (c)   Proof of the capacity in which the request is made, if applicable, must be attached.
     
     
    Full names and Surname _____________________________________________________
       
      _____________________________________________________
       
    Identity Number: _____________________________________________________
       
    Postal Address: _____________________________________________________
       
      _____________________________________________________
       
    Fax Number: __________________________
       
    Telephone Number: __________________________
       
    E-mail Address: __________________________
       
    Capacity in which request is made, when made on behalf of another person:
       
      _____________________________________________________
       
      _____________________________________________________
     
    C. Particulars of person on whose behalf request is made
     
    This section must be completed ONLY if a request for information is made on behalf of another person.
     
    Full names and Surname _____________________________________________________
       
      _____________________________________________________
       
    Identity Number: _____________________________________________________
       
     
    D. Particulars of record
     
    (a)   Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
    (b)   If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
     
    1. Description of record or relevant part of the record:
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
     
    2. Reference number, if available:  _________________________________________
     
     
    3. Any further particulars of record: ________________________________________
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
     
    E. Fees
     
    (a)   A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
    (b)   You will be notified of the amount required to be paid as the request fee.
    (c)   The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
    (d)   If you qualify for exemption of the payment of any fee, please state the reason for exemption.
     
    Reason for exemption from payment of fees:_____________________________________
     
    __________________________________________________________________________
     
    __________________________________________________________________________
     
     
    F. Form of access to record
     

    If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required

     
     
    Disability: _________________________________________________________________
       
      _________________________________________________________________
     
     
    Form in which record is required: _______________________________________________
       
    __________________________________________________________________________
     
     

    Mark the appropriate box with an X .

    NOTES
         
    (a)   Compliance with your request in the specified form may depend on the form in which the record is available.
     
    (b)   Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
     
    (c)   The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
     
    1. If the record is in written or printed form:
     
       Copy of record*    inspection of record
     

    2 . If record consists of visual images

    (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):
     
       View the images    copy of the images*
           
       transcription of the images*  
     
    3. If record consists of recorded words or information which can be     reproduced in sound:
     
        listen to the soundtrack   (audio cassette)    transcription of soundtrack*(written or  printed document)
     
    4. If record is held on computer or in an electronic or machine-readable     form:
     
        printed copy of record*     printed copy of information derived   from the record*
     
       copy in computer readable form* (stiffy or compact disc)
     

    *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

    Postage is payable.
     
       Yes    No