Promotion of Access to Information - PAIA Manual

Manual of Greyvensteins Incorporated in terms of The Promotion of Access to Information Act 2 of 2000 (the Act)

Introduction to Greyvensteins Incorporated

Greyvensteins Incorporated is a company incorporated which conducts business as a law firm. Greyvensteins Incorporated has offices in Port Elizabeth and Cape Town

Mr C. van Deventer has been duly appointed by the head of Greyvensteins Incorporated, to act as the person to whom requests for access to information must be made in terms of the Act.

1. Contact details

Mr C van Deventer

Postal Address:

Greyvensteins Incorporated
P O Box 754
Port Elizabeth
6000
South Africa

Physical address:

104 Park Drive
Central
Port Elizabeth
6000
South Africa

Telephone: +27 41 5015500
Facsimile: +27 41 5854861
E-mail: [email protected]

2. The Guide

Please direct any queries to:

Postal address:

The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041

Telephone: +27 11 484 8300
Facsimile: +27 11 484 0582
Website: www.sahrc.org.za
E-mail: [email protected]

3. Records available in terms of other legislation

3.1 Employment Equity Act 55 of 1998 – Greyvensteins Incorporated has lodged a copy of its employment equity report at the Department of Labour.

4. Access to records held by Greyvensteins Incorporated

(i) Subjects and categories of records held by Greyvensteins Incorporated

Note: This section of the Manual sets out the subject and categories of records held by Greyvensteins Incorporated. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

4.1 Incorporation documents

Incorporation agreement of Greyvensteins Incorporated

4.2 Constitution of Greyvensteins Incorporated

4.2.1 List of the directors at Greyvensteins Incorporated.

4.2.2 Power of attorney agreements and a list of persons authorised to bind Greyvensteins Incorporated

4.2.3 Minutes of meetings of the directors of Greyvensteins Incorporated.

4.2.4 Minutes of meetings of committees and sub-committees.

4.2.5 Minute books and internal resolutions of Greyvensteins Incorporated.

4.3 Financial records of Greyvensteins Incorporated

4.3.1 Accounting records, books and documents of Greyvensteins Incorporated

4.3.2 Interim and annual financial reports of Greyvensteins Incorporated

4.3.3 Details of auditors of Greyvensteins Incorporated

4.3.4 Auditors’ reports in respect of audits conducted on Greyvensteins Incorporated

4.3.5 Details of actuaries of the pension fund and the provident fund utilised by Greyvensteins Incorporated

4.3.6 Invoices in respect of both creditors and debtors of Greyvensteins Incorporated.

4.3.7 Tax returns of Greyvensteins Incorporated

4.3.8 Other documents and agreements relating to taxation.

4.3.9 Other financial records of Greyvensteins Incorporated

4.4 Banking details of Greyvensteins Incorporated

4.4.1 Indebtedness to bankers.

4.4.2 Bank facilities and accounts details.

4.4.3 Bank statements.

4.4.4 The level of overdraft and other borrowings of Greyvensteins Incorporated.

4.4.5 Other financial commitments of Greyvensteins Incorporated

4.4.6 Other banking records.

4.5 Human resources / employment records

4.5.1 List of employees.

4.5.2 Contracts and/or documentation pertaining to arrangements with partners.

4.5.3 Contracts of employment with employees of Greyvensteins Incorporated

4.5.4 Personnel files in respect of each employee of Greyvensteins Incorporated.

4.5.5 Disciplinary records and documentation pertaining to disciplinary proceedings.

4.5.6 Documents relating to employee benefits.

4.5.7 Compensation or redundancy payments.

4.5.8 Employment equity plan of Greyvensteins Incorporated

4.5.9 Skills development programme of Greyvensteins Incorporated

4.5.10 Pension and/or provident fund agreement.

4.5.11 Training manuals.

4.5.12 Other information relating to employees of Greyvensteins Incorporated

4.6 Intellectual Property

4.6.1 Trade-marks, copyrights and designs held by Greyvensteins Incorporated

4.6.2 Records relating to domain names held by Greyvensteins Incorporated.

4.6.3 Licenses relating to intellectual property rights.

4.6.4 Other agreements relating to intellectual property rights.

4.7 Information pertaining to clients of Greyvensteins Incorporated

4.7.1 Agreements with clients of Greyvensteins Incorporated

4.7.2 Documentation and other information received from clients, including documentary information required in compliance with the Financial Intelligence Centre Act 38 of 2001.

4.7.3 Documentation and other information received from third parties.

4.7.4 Correspondence with clients.

4.7.5 Correspondence with third parties.

4.7.6 Research conducted on behalf of clients of Greyvensteins Incorporated.

4.7.7 Information prepared by partners and employees of Greyvensteins Incorporated for clients, including opinions, memoranda and reports.

4.7.8 Records pertaining to legal proceedings involving clients of Greyvensteins Incorporated

4.7.9 Other information relating to, or held on behalf of, clients of Greyvensteins Incorporated.

4.8 Library information

4.8.1 Precedent agreements.

4.8.2 Information circulars.

4.8.3 Publications.

4.8.4 Other information held by the library of Greyvensteins Incorporated.

4.9 Insurance records

Insurance policies taken out for the benefit of Greyvensteins Incorporated and its employees, including:

4.9.1 group life assurance and disability income protection insurance;

4.9.2 insurance in respect of the property occupied by Greyvensteins Incorporated.

4.9.3 insurance in respect of the movable property of Greyvensteins Incorporated.

4.9.4 professional indemnity insurance in respect of Greyvensteins Incorporated.

4.9.5 fidelity insurance in respect of trust monies and client investment monies held by Greyvensteins Incorporated.

4.9.6 third party insurance in respect of passengers in vehicles driven by Greyvensteins Incorporated staff.

4.10 Immovable and movable property

4.10.1 Agreements for the lease of immovable property by Greyvensteins Incorporated.

4.10.2 Agreements for the lease or sale of movable property by Greyvensteins Incorporated.

4.10.3 Credit sale agreements and/or hire purchase agreements.

4.10.4 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.

4.11 Information technology

4.11.1 Computer software, support and maintenance agreements.

4.11.2 Other documentation pertaining to computer systems and computer programmes held by Greyvensteins Incorporated.

4.12 Miscellaneous agreements of Greyvensteins Incorporated

4.12.1 Loans from third parties (including banks).

4.12.2 Loans to third parties.

4.12.3 Suretyship agreements.

4.12.4 Security agreements, guarantees and indemnities.

4.12.5 Agency, management and distribution agreements.

4.12.6 Marketing agreements.

4.12.7 Agreements with suppliers of Greyvensteins Incorporated

4.12.8 Confidentiality and/or non-disclosure agreements.

4.12.9 Any other relevant agreements.

4.13 Correspondence

Correspondence of Greyvensteins Incorporated, including internal and external memoranda.

4.14 Information relating to legal proceedings

Records relating to legal proceedings involving Greyvensteins Incorporated.

(ii) The request procedures

Form of request:

The requester must use the prescribed form to make the request for access to a record. This must be made to Greyvensteins Incorporated. This request must be made to the address, fax number or electronic mail address of Greyvensteins Incorporated

The requester must provide sufficient detail on the request form to enable the head of Greyvensteins Incorporated to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Greyvensteins Incorporated

Fees:

Greyvensteins Incorporated must notify the requester (other than a personal requester) by notice, requiring the requester to pay the relevant fee before further processing the request. A personal requester does not pay such fee.

The requester may lodge an application to the court against the tender or payment of the request fee.

Greyvensteins Incorporated will then make a decision on the request and notify the requester 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 had exceeded the prescribed hours to search and prepare the record for disclosure.

5. Availability of the manual

The manual is available for inspection at the offices of Greyvensteins Incorporated free of charge. Copies are also available with the SAHRC and in the Government Gazette.

6. Prescribed fees and forms in respect of private bodies

The prescribed forms and fees for requests to private bodies, are available on the website of the Department of Justice and Constitutional Development, www.doj.gov.za.