Petzer, Du Toit & Ramulifho

INFORMATION MANUAL IN TERMS OF SECTION 51 OF THE
PROMOTION OF ACCESS TO INFORMATION ACT NO 2 OF 2000.

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO 2 OF 2000 IN RESPECT OF A PRIVATE BODY

INDEX PAGE
1. Introduction 2
2. Contact details 3
3. Guide in terms of section 10 of the Act 3
4. Notice(s) in terms of Section 52(2) of the Act 4
5. Records available in accordance with other legislation 4
6.
7. Records held by Petzer, Du Toit & Ramulifho in terms of the Act 5
Information automatically available 4-5
8. Information request procedure 5-6
9. Other information 7
10. Availability of the Manual 7

1.1. Introduction to Petzer, Du Toit & Ramulifho

Petzer, Du Toit & Ramulifho was founded on 1 September 2004 as a partnership of attorneys.

The firm provides legal services to clients ranging from corporate clients to private business and individuals.

Particulars of the partners appear from our official letterhead.

1.2. Accessing our information

The aim of this manual is to assist potential requestors in accordance with the provisions of the Promotion of Access to Information Act, No 2 of 2000, as to the procedure to be followed when requesting access to information or documents from Petzer, Du Toit & Ramulifho as contemplated in the Act.

The manual may be amended from time to time and as soon as any amendments have been finalised, the latest version of the manual will be made public.

Any requestor is advised to contact our partner Nigel Petzer, at the contact details provided in section 2 below, should any person require any assistance in respect of the utilisation of this manual and / or the requesting of information or documents from Petzer, Du Toit & Ramulifho.

The following words will bear the following meaning in this manual:-

“the Act” Shall mean the Promotion of Access to Information Act, No 2 of 2000 (as amended), together with all relevant regulations published;
“the/this manual” Shall mean this document together with all annexures thereto as available at the offices of Petzer, Du Toit & Ramulifho from time to time;
“Petzer, Du Toit & Ramulifho” Shall mean Petzer, Du Toit & Ramulifho a partnership of attorneys which renders legal services including legal advice and legal representation to individual clients, businesses and organisations and which is private body as envisaged by the Act.
“SAHRC” Shall mean the South African Human Rights Commission;
“Information officer” Shall mean our partner Nigel Petzer who has been designated as our Information Officer, to which requests for information in terms of the Act should be addressed.

2. CONTACT DETAILS OF PETZER, DU TOIT & RAMULIFHO. Section 51(1)(a)

Full names of business: Petzer, Du Toit & Ramulifho

Street address: 1st Floor Tel: 012-342 9895
Hatfield Rendezvous Fax: 012-342 9933
367 Hilda Street
Hatfield
Pretoria

Postal address: P O Box 11200
Hatfield
Pretoria
0028

Telephone number: 012-342 9895

Fax number: 012-342 9933

Designated Information Officer:
Mr NK Petzer

E-mail address of Information Officer: Nigel@legaledge.co.za

Website: www.legaledge.co.za

3. THE SECTION 10 GUIDE ON HOW TO USE THE ACT (Section 51(1) (b) of the Act)

In terms of Section 10 the Act, the South African Human Rights Commission must compile a guide, in each official language, containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Contact details of the South African Human Rights Commission are as follows:

PAIA Unit
The Research and Documentation Department
Private Bag X2700
Houghton
2041

Telephone: +27 11 484 8300

Telefax: +27 11 484 0582 / 1360

Website: www.sahrc.org.za

E-mail: PAIA@sahrs.org.za

4. NOTICES IN TERMS OF SECTION 52 (2) OF THE ACT (Section 51 (1) (c)) of the Act

At this stage no notices have been published.

5. RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION (Section 51 (1) (d) of the Act.

PETZER, DU TOIT & RAMULIFHO retains information or documents in accordance with the following legislation amongst others:-

1. Attorneys Act, No 53 of 1979
2. Pension Funds Act, No 24 of 1956
3. Income Tax Act, No 58 of 1962
4. Insolvency Act, No 24 of 1936
5. Companies Act, No 61 of 1973
6. Value Added Tax Act, No 89 of 1991
7. Occupational Health and Safety Act, No 85 of 1993
8. Compensation for Occupational Injuries and Diseases Act, No 130 of 1993
9. Labour Relations Act, No 66 of 1995
10. Basic Conditions of Employment Act, No 75 of 1997
11. Employment Equity Act, No 55 of 1998
12. Skills Development Act, No 97 of 1998
13. Medical Schemes Act, No 13 of 1998
14. Skills Development Levies Act, No 9 of 1999
15. Unemployment Insurance Act, No 63 of 2001
16. The Electronic Communications and Transactions Act, No 25 of 2002.

Access to the abovementioned information or documents is not automatic – please refer to the information request procedures below.

6. RECORDS HELD BY PETZER, DU TOIT & RAMULIFHO IN TERMS OF THE ACT (Section 51 (1) (e) of the Act)

Petzer, Du Toit & Ramulifho holds the information or documents listed herein below:

Details relating to our:

• operational;

• financial interests;

• commercial contracts;

• insurance policies;

• client database (personal information of clients, commercial and financial information, information on contemplated, existing and past litigation, information on agreements, proposals and intellectual property of such clients); and

• financial records and client files kept for periods as required in terms of the Attorneys Act No 53 of 1979.

• Employment contracts;
• Partnership agreement;
• Petzer, Du Toit & Ramulifho personnel reports; and
• personal information of past, present and prospective employees.

Note: Any and all documents or information requested pertaining to the aforesaid shall only be made available to a requestor subject to the provisions of the Act and the attorney-client privilege. A request for information should be made in accordance with the information request procedure explained below. Petzer, Du Toit & Ramulifho reserves all its rights to refuse access on any grounds envisaged by the Act or any other law of the Republic of South Africa.

7. INFORMATION AUTOMATICALLY AVAILABLE:

The following categories of information are automatically available for inspection or photocopying. It is not necessary to request this information in terms of the Act and it may be obtained by contacting our Information Officer:

- Company profile; and

- Information from our website at www.legaledge.co.za. Our website contains a profile of Petzer, Du Toit and Ramulifho, our contact details, services rendered and fields of expertise.

8. INFORMATION REQUEST PROCEDURE

With the exception of information contained on our website and Company profile, none of the information held by Petzer, Du Toit & Ramulifho is automatically available without a person having to request access in terms of and subject to the provisions of the Act and attorney and client privilege.

Requesters must use the prescribed form C of Annexure B to the Regulations to make a request for access to a record. These forms are available from:

• Our Information Officer (whose contact details are in section 2 of this manual);

• The SAHRC website at www.sahrc.org.za ); and

• The Department of Justice and Constitutional Development website at www.doj.gov.za.

The request must be made to our Information Officer at the contact details provided in Section 2 of the manual [s 53(1)].

All Requesters must provide sufficient details on the request form to enable our Information Officer to identify the records requested and the Requester. The Requester should also indicate which form of access is required and specify a postal address or fax number of the Requester in the Republic of South Africa. [s 53 (2) (a), (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, in addition to a written reply, the Requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed. [s 53 (2) (e)].

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 reasonable satisfaction of the head of the private body [s 53 (2) (f)].

A Requester who seeks access to a record containing personal information about that Requester is not required to pay the prescribed request fee. Every other Requester, who is not a personal requester, must pay the prescribed required fee:

• The head of the private body must notify the Requester (other than a personal requester) by notice, required to pay the request fee. Every other Requester, who is not a personal requester, must pay the required fee.

• The fee that the Requester must pay to a private body is R50.00 plus value added tax. The Requester may lodge an application to the court against the tender or payment of the request fee [s 54 (3) (b)].

• After the head of the private body has made a decision on the request, the Requester must be notified in the required form.

• If the request is granted, a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54 (6)].

9. OTHER INFORMATION (Section 51 (1) (f) of the Act)

The Minister of Justice and Constitutional Development has published regulations in terms of this section under Government Notice No R187 on 15 February 2002, which came into effect on this date.

10. AVAILABILITY OF THE MANUAL (Section 51 (3) of the Act)

• This manual is available free of charge for inspection at our offices.

• Copies of the manual may be obtained, subject to the prescribed fees, from our offices.

• The manual can also be accessed on the website of the SAHRC at www.sahrc.org.za and on the website of Petzer, Du Toit & Ramulifho at www.legaledge.co.za.

• It should be noted that the manual accessible on our website does not include the request forms or fee structure. The request forms and fee structure can be obtained on the SAHRC website at www.sahrc.org.za or the website of the Department of Justice and Constitutional Development at www.doj.gov.za (under “regulations”)