Greyvensteins Attorneys Notaries & Conveyancers - Prokureurs,Notarisse & Aktebesorgers

Greyvensteins Nortier Attorneys, Notaries, Conveyancers

SECTION 51 MANUAL FOR GREYVENSTEINS

A. CONTENTS

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

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 [Section 51(1)(d)]
4.	Access to the records held by Greyvensteins [Sections 51(1)(c) and 51(1)(e)]
4.1	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)]
4.2	Records that may be requested [Section 51(1)(e)]
4.3	The request procedures
5.	Other information as may be prescribed [Section 51(1)(f)]
6.	Prescribed access fees
7.	Prescribed request form in terms of Regulation 10 to the Act

INTRODUCTION TO GREYVENSTEINS

Greyvensteins is a firm of general practice and undertakes to do work in all areas of the legal profession.

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

Contact details [Section 51(1)(a)]

The Head of Greyvensteins:	Emile Greyvenstein
The Information Officer:	Rohan Greyvenstein
Postal Address:	P.O.Box 754, Port Elizbeth, 6000
Physical/Street Address:	St.George's House 104 Park Drive Central Port Elizbeth 6001
Docex Address:	Docex 5, Port Elizbeth
Telephone Number:	+27 41 501-5500
Facsimile Number:	+ 27 41 501-5510
Website:	www.greyvensteins.co.za
E-mail address:	greyven@iafrica.com

The section 10 Guide on how to use the Act [Section 51(1)(b)]

The Guide will be available from the South African Human Rights Commission by not later than August 2003. 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
Website Address:	+ 27 11 484-8300
Fax:	+ 27 11 484-0582
Website Address:	www.sahrc.org.za
E-mail Address:	PAIA@sahrc.org.za

Records available in terms of any other legislation
[Section 51(1)(d)]

3.1

Administration of Estates Act, No. 66 of 1965

3.2

Arbitration Act, No. 42 of 1965

3.3

Attorneys Act, No. 53 of 1979

3.4

Basic Conditions of Employment Act, No. 75 of 1997

3.5

Close Corporations Act, No.69 of 1984

3.6

Companies Act No.61 of 1973

3.7

Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993

3.8

Consumer Affairs (Unfair Business Practices) Act No.71 of 1988

3.9

3.10

Credit Agreements Act, No.75 of 1980

3.11

Debt Collectors Act, No.114 of 1998

3.12

Electronic Communications and Transactions Act, No.25 of 2002

3.13

Employment Equity Act, No.55 of 1998

3.14

Finance Act, No.35 of 2000

3.15

Harmful Business Practices Act No. 23 of 1999

3.16

Income Tax Act No.95 of 1967

3.17

Insider Trading Act, No.135 of 1998

3.18

Insolvency Act, No.24 of 1936

3.19

Insurance Act, No.27 of 1943

3.20

Intellectual Property Laws Amendment Act No.38 of 1997

3.21

Labour Relations Act, No.66 of 1995

3.22

Law Society Act, No.20 of 1916

3.23

Long Term Insurance Act, No.52 of 1998

3.24

Occupational Health and Safety Act, No.85 of 1993

3.25

Pension Funds Act, No.24 of 1956

3.26

Post Office Act, No.44 of 1958

3.27

Promotion of Access to Information Act, No. 2 of 2002

3.28

Protected Disclosures Act, No.26 of 2000

3.29

Short Term Insurance Act, No.53 of 1998

3.30

Skills Development Levies Act, No.9 of 1999

3.31

Skills Development Act, No.97 of 1998

3.32

Stamp Duties Act, No.77 of 1968

3.33

Tax on Retirement Funds Act, No.38 of 1996

3.34

Trade Marks Act, No.194 of 1993

3.35

Unemployment Insurance Contributions Act, No.4 of 2002

3.36

Unemployment Insurance Act, No.63 of 2001

3.37

Usury Act, No.73 of 1968

3.38

Value-Added Tax Act, No.89 of 1991

The abovementioned list is subject to applicability.

Access to the records held by Greyvensteins [Sections 51(1)(c) and 51(1)(e)]

4.1

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)]

4.1.1

All information available on the Greyvensteins website at www.greyvensteins.co.za;

4.1.2

All advertising material related to Greyvensteins;

4.1.3

All newspaper articles and contributions to newspaper articles or any other publication written by any employee of Greyvensteins;

4.1.4

All brochures supplied by Greyvensteins.

4.2

Records that may be requested[Section 51(1)(e)].

Kindly take note that the following records are not automatically available, but are subject to the request procedure. Access to these records may be denied.

4.2.1

Administration

Minutes of meeting

Correspondence of Greyvensteins, including internal and external memoranda

List of Directors at Greyvensteins

Shareholders

List of persons authorised to bind Greyvensteins

Incorporation documents

Fidelity Fund Certificates and other qualifications

4.2.2

Human Resources

Employment Contracts

List of employees

Personnel files of employees

Disciplinary records

Employment Equity

Skills development and training

Other information relating to employees of Greyvensteins

4.2.3

Finances

Financial Statements of Greyvensteins

Annual Financial Statements of Greyvensteins

Trust Account details of Greyvensteins

Business Account details of Greyvensteins

Vouchers

Assets Inventory

Accounting records of Greyvensteins

Tax returns of Greyvensteins

Rates

Auditor's details of Greyvensteins

Auditor's reports regarding Greyvensteins

Creditor and Debtor Invoices of Greyvensteins

Other financial records of Greyvensteins

4.2.4

Other

Trademarks, copyrights and designs held by Greyvensteins GREYVENDomain names held by Greyvensteins

Domain names held by Greyvensteins

Contracts and various agreements between Greyvensteins and third parties

Insurance

Information relating to clients of Greyvensteins

Records of legal proceedings and information related thereto

Agreements of lease or sale regarding immovable and movable property by Greyvensteins

4.3

The Request Procedure

4.3.1

Form of request

The requester must use the prescribed form to make the request for access to a record. This must be made to the head 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)]

The requester must provide sufficient detail on the request form to enable the head of the private body 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)]

4.3.2

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:

The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].

The fee that the requester must pay to a private body is R50-00. 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 then 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)].

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.

Availability of the manual [Section 51(3)]

The manual is also available for inspection at the offices of Greyvensteins at St.George's House, 104 Park Drive, Central, PORT ELIZABETH, free of charge. Copies are available:

with the South African Human Rights Commission;

in the Government Gazette and;

on Greyvenstein's website at www.greyvensteins.co.za.

Prescribed access fees

Please note, the following amounts are VAT exclusive and VAT will be charged on these items:

7.1

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.

7.2

The fees for reproduction referred to in regulation 11(1) are as follows:

7.2.1

For every photocopy of an A4-size page or part thereof 1,10

7.2.2

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form 0,75

7.2.3

For a copy in a computer-readable form on –

7.2.3.1

stiffy disc 7,50

7.2.3.2

compact disc 70,00

7.2.4

For a transcription of visual images for an A4-size page or part thereof 40,00

7.2.4.1

For a copy of visual images 60,00

7.2.5

For a transcription of an audio record, for an A4-size page or part thereof 20,00

7.2.5.1

For a copy of an audio record 30,00

7.3

The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.

7.4

The access fees payable by a requester referred to in regulation 11(3) are as follows:

7.4.1

For a copy in a computer-readable form on-

7.4.1.1

For every photocopy of an A4-size page or part thereof 1,10

7.4.1.2

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine- readable form 0,75

7.4.1.3

stiffy disc 7,50
compact disc 70,00

7.4.1.4

For a transcription of visual images, for an A4-size page or part thereof 40,00
For a copy of visual images 60,00

7.4.1.5

For a transcription of an audio record, for an A4-size page or part thereof 20,00
For a copy of an audio record 30,00

7.4.1.6

To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

7.5

For purposes of section 54(2) of the Act, the following applies:

7.5.1

Six hours as the hours to be exceeded before a deposit is payable; and

7.5.2

one third of the access fee is payable as a deposit by the requester.

7.6

The actual postage is payable when a copy of a record must be posted to a requester.

7.4.1.4

For a transcription of visual images, for an A4-size page or part thereof 40,00
For a copy of visual images 60,00

Prescribed request form in terms of Regulation 10 to the Act:

8.1

Particulars of Private Body

The Head

8.2

Particulars of person requesting access to the record

The particulars of the person who requests access to the record must be given below.

The address and/or fax number in the Republic to which the information is to be sent must be given.

Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:

Identity Number:

Postal Address:



Facsimile Number:
Telephone Number:

E-mail address:

Capacity in which request is made, when made on behalf of another person:

8.3

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:

8.4

Particulars of record

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.

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.

Description of record or relevant part of the record

Reference number, if available:

Any further particulars of record:

8.5

Fees

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.

You will be notified of the amount required to be paid as the request fee.

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.

If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:

8.6	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

8.7

Particulars of right to be exercised or protected

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)	Indicate which right is to be exercised or protected:


2)	Explain why the record requested is required for the exercise or protection of the aforementioned right:

8.8

Particulars of right to be exercised or protected

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at _______________ on this _______ day of _________20___

_______________________________
SIGNATURE OF REQUESTER / PERSON
ON WHOSE BEHALF REQUEST IS MADE

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