NEL & STEVENS ATTORNEYS                                                        TEL: (033) 413-1181

117 a VOORTREKKER STREET                                                        FAX: (033) 413-1907

GREYTOWN                                                                                                        

3250

E-MAIL: mail@nelandstevens.co.za

    

 

MANUAL

IN TERMS OF

THE PROMOTION OF ACCESS TO INFORMATION ACT,

ACT 2 OF 2000.

 

 

INDEX 

 

 

1.                  INTRODUCTION

2.                  CONTACT INFORMATION

3.                  DESCRIPTION OF SECTION 10 GUIDE

4.                  VOLUNTARY DISCLOSURE

5.                  DESCRIPTION OF RECORDS AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

6.                  SUBJECTS ON WHICH RECORDS ARE HELD

7.                  CATEGORIES OF RECORDS

8.                  PROCEDURE TO REQUEST ACCESS TO A RECORD

9.                  FEES

10.              AVAILABILITY OF MANUAL

 

 

 

1.      INTRODUCTION

 

 

1.1              The Promotion of Access to Information Act 2 of 200 (hereinafter referred to as the “Act”) provides that every firm must publish a manual to assist persons requesting information from that firm and to provide the procedures to be followed to gain access to that information and documentation.

 

1.2              Nel & Stevens carry on business as attorneys and is a private body as defined in the Act.

 

 

2.      CONTACT INFORMATION

 

           

Designated Person                    Barry Kruger

 

Postal Address                         P O Box 60

Greytown

3250

 

Street Address                         117a Voortrekker Street

Greytown

3250

 

Telephone Number                   (033) 413-1181

 

Fax Number                             (033) 413-1907

 

E-mail Address                        mail@nelandstevens.co.za

 

 

 3.       DESCRIPTION OF SECTION 10 GUIDE

 

 

3.1                          Section 10 of the Act provides that the Human Rights Commission (hereinafter referred to as the “Commission”) must, within 18 months of the commencement of Section 10 compile in each official language a guide 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.

3.2                          Section 10 commenced on 15 February 2002 and so the deadline for the Commission to compile the Guide expired on 15 August 2003.

3.3                          The Commission has not yet published the Guide.

3.4                          When published, the Guide should be available from the Commission and all queries should be directed to:-

 

 

The South African Human Rights Commission:

PAIA Unit

The Research and Documentation Department

Private Bag X 2700

Houghton

2041

 

Tel: +27 11 484-8300

Fax: +27 11 484-0582

Website: www.sahrc.org.za

E-mail: PAIA@sahrc.org.za

 

 

4.      VOLUNTARY DISCLOSURE

 

 

4.1                    Section 52 of the Act provides that a private body may on a voluntary and periodic basis submit to the Minister a description of the categories of records of the private body that are automatically available without a person having to request access in terms of the Act and that the Minister may, on a periodic basis and by Notice in the Gazette, publish any description so submitted and any updates.

 

4.2                    Nel & Stevens has not submitted any such categories of records to the Minister for publication.

 

 

 

5.      DESCRIPTION OF RECORDS AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

 

Nel & Stevens keeps information and records in accordance with a number of statutes including the following:-

 

5.1                The Attorneys Act, No. 53 of 1979

5.2                The Small Claims Act No. 61 of 1984

5.3                The Companies Act No. 61 of 1973

5.4                The Close Corporations Act No. 69 of 1984

5.5                The Income Tax Act No. 58 of 1962

5.6                The Value Added Tax Act No. 89 of 1991

5.7                The Trust Property Control Act No. 57 of 1988

5.8                The Share Block Control Act No. 59 of 1980

5.9                The Sectional Titles Act No. 95 of 1986

5.10            The Labour Relations Act No. 66 of 1995

5.11            The Basic Conditions of Employment Act No. 75 of 1997

5.12            The Employment Equity Act No. 55 of 1998

5.13            The Estate Agency Affairs Act No. 112 of 1976

 

 

6.      SUBJECTS ON WHICH RECORDS ARE HELD

 

 

Nel & Stevens is a general attorneys practice and the field of work covers far too many subjects for them to be listed and includes:-

 

6.1       Records on a vast number of subjects normally associated with a general legal practice covering almost all fields of law.

6.2       Records of general subjects encountered by its clients on a day to day basis in their private and business lives that might not be categorized as legal subjects.

 

 

7.        CATEGORIES OF RECORDS

 

Nel & Stevens keeps records on the subjects referred to in Paragraph 6 above as follows:

 

7.1       Records that it is obliged to keep in terms of various statutes that are automatically available to the general public free of charge or on payment of a prescribed fee as stipulated in the relevant legislation.

7.2       Records that may have been voluntarily disclosed to the Minister and published in the Gazette as prescribed in Section 52 of the Act.

7.3       Records that are kept in the day to day running of its business and may be provided to members of the public in terms of the Act.

7.4       Records that are not accessible to the general public because they are protected by reason of their confidential nature, legal or other privilege.

 

 

8.      PROCEDURE TO REQUEST ACCESS TO A RECORD

 

 

Any person wishing to request a record from Nel & Stevens must address the request in writing to the designated person referred to in Paragraph 2 above at the street address, the postal address, the fax number or the E-mail address provided therein in the form prescribed in the Act.

 

 

9.      FEES

 

 

The fees payable are the maximum prescribed in the Act.

 

 

10.    OTHER PRESCRIBED INFORMATION

 

 

Section 51(1)(f) provides that this manual shall contain such other information as shall be prescribed.  Nel & Stevens is not aware of any other information that has been prescribed.

 

 

11.    AVAILABILITY OF MANUAL

 

 

This manual is available:-

 

 

11.1     At the offices of Nel & Stevens, 117a Voortrekker Street Greytown and Shop 19, Ballito Centre Sandra Road Ballito.

 

            11.2     On its website at http://www.nelandstevens.co.za

 

11.3     From the South African Human Rights Commission.