Access to information

 

 

ACCESS TO INFORMATION

   

 

SECTION 51 MANUAL FOR C W MALAN ATTORNEYS

 

Introduction to CW MALAN ATTORNEYS

 

C W MALAN INCORPORATED (registration number 2007/000173/21 is duly incorporated in terms of Companies Act No. 61 of 1973 and trading as C W MALAN ATTORNEYS. The legal services are rendered in the field of -

  • Companies

  • Close corporations

  • Trust

  • Properties - lease, sell/purchase, developing, sub-division and consolidation

  • Sectional title schemes

  • Coneyancing matters

  • Notary services

  • Estate planning,

  • Deceased estates

  • Testamentary trusts

  • Commercial services

  • Business - matters - sale of business, planning and structuring

  • Capital gain tax - matters

  • General tax matters

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

1. CONTACT DETAILS   -  [Section 51(1)(a)]

 

Physical address:

37 CHURCH STREET

HUMANSDORP

6300

 

Postal address:         

P. O. BOX  3

HUMANSDORP

6300

 

INFORMATION OFFICER:

E W ALBERTYN

ASSISTANT INFORMATION OFFICER:

Mrs M M Ferreira or Mrs M Scholtz

 

TELEPHONE NUMBER:

042 - 295 1056

FAX NUMBER:

042 - 295 2632

 

E.MAIL ADDRESS:

cwmalan@intekom.co.za

 

2. THE SECTION 10 GUIDE ON HOW TO USE THE ACT  - [Section 5](1)(b)]

The Guide will be available from the South African Human Rights Commission. 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 1I 484-8300

Fax:

+27 11484-0582

Website:                 

www.sahrc.org.za

E-mail:                    

PAIA@sahrc.org.za

 

3. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION  - /Section 51(1)(d)J

 

01. Administration of Estates Act, No. 66 of 1965

02. Basic Conditions of Employment No. 5of1997

03. Closed Corporations Act No. 69 of 1984

04. Companies Act No. 61 of 1973

05. Copyright Act No. 98 of 1978

06. Credit Agreements Act No. 75 of 1980

07. Currency and Exchanges Act No. 9 of 1933

08. Debtor Collectors Act No. 114 of 1998

09. Employment Equity Act No. 55 of 1998

10. Finance Act No. 35 of 2000

11. Harmful Business Practices Act No. 23 of 1999

12. Income Tax Act No. 95 of 1967

13. Insolvency Act No. 24 of 1936

14. Occupational Health & Safety Act No. 85 of 1993

15. Pension Funds Act No. 24 of 1956

16. Post Office Act No. 44 of 1958

17. Regional Services Councils Act No. 109 of 1985

18. SA Reserve Bank Act No. 90 of 1989

19. Skills Development Levies Act No. 9 of 1999

20. Skills Development Act No. 97 of 1998

21. Stamp Duties Act No. 77 of 1968

22. Stock Exchange Control Act No. 1 of 1985

23. Tax on Retirement Funds Act No. 38 of 1996

24. Trade Marks Act No. 194 of 1993

25. Unemployment Contributions Act No. 4 of 2002

26. Unemployment Insurance Act No. 63 of 2001

27. Usury Act No 73 of 1968

28. Value Added Tax Act No. 89 of 1991

 

4. ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION  - [Sections 51(1)(c) and 51(1)(e)1

 

1.Records available without a person having to request access in terms of section 52(2) [Section 51(1)(c)J of this Act -

  • Fidelity Fund Certificate

  • Directors and Professional Assistant

 

2. Records held  by C W MALAN ATTORNEYS –

 

HUMAN RESOURCES:

  • Details of directors and professional assistant

  • Remuneration records and policies

  • Staff files and records

FINANCES:

  • Financial statements

  • Annual financial statements

  • Reports and returns

  • TRUST Banking details and bank account records

  • Debtor and creditors statements

  • Assets inventory

  • Details of auditors

  • Auditor's reports

ACCOUNTING

  • Books of account

  • Invoices

  • Statements

MOVABLE AND IMMOVABLE PROPERTY

  • Title Deeds

  • Lease agreements

  • Hire agreements

  • Credit sale agreements

TAXATION

  • Income tax records

  • VAT returns

  • PAYE and UIF records

  • RCS levies

MARKETING

  • Newsletters

  • Promotional material

INFORMATION TECHNOLOGY

  • System documentation and manuals

  • Computer software, programs and material

DOCUMENTATION RELATING TO THIRD PARTIES

Records held pertaining third parties including -

  • Personal information

  • Commercial and financial information

  • Information on agreements

  • Proposals and intellectual property of third parties

  • Information regarding contemplated, existing and past litigation

5. MANNER OF ACCESS:

To facilitate the processing of your request, kindly:

 

5.1. Use the prescribed form, available on the website of The South African Human Rights Commission (www.sahrc.org.za) and of CW MALAN INCORPORATED (www.cwmalan.co.za) and the offices of C W MALAN and at paragraph 9 hereof

5.2. Address your request to "The Information Officer"

5.3. Provide sufficient details to enable the Company to identify:

5.3.1. The record/s requested

5.3.2. The requester (and if an agent is lodging the request, proof of capacity);

5.4. Indicate which form of access is required;

5.5. Specify the e-mail address, postal address and fax number of the requester; and

5.6. Identify the right, which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right

 

6. PRESCRIBED ACCESS FEES

The following applies to requestors (other than personal requests referred to in s54 of the act):

 

6.1  A requester is required to pay the prescribed fees (R50.00) before a request will be processed;

6.2  If the preparation of the record requested requires, in the opinion of the information officer, more than the prescribed 6 hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

6.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;

6.4  Records may be withheld until the fees have been paid;

6.5   The fee structure is available on the website of The South African Human Rights Commission (www.sahrc.org.za) and of CW MALAN INCORPORATED (www.cwmalan.co.za) and the offices of and at CW MALAN INCORPORATED and at paragraph 9 hereof. Kindly note that fee structure is VAT exclusive and that VAT will charged on the prescribed fee in terms of Annexure A of the Regulations to the Act.

 

7. 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.

 

8.  AVAILABILITY OF THE MANUAL - [Section 51(3)]

 

The manual is available for inspection at the offices of the C W MALAN INCORPORATED at the address as specified above free of charge; the website of C W MALAN (website – www.cwma;an.co.za) and copies are available with the SAHRC (website - www.sahrc.orq.za) and in the Gazette.

 

9.  FORMS AND FEES

 

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

(a) For every photocopy of an A4-size page or

part thereof 

R1,10

(b) For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine­

readable form                                                                       

R0,75

(c) For a copy in a computer-readable form on

(i) stiffy disc

R7,50

(ii) compact disc

R70,00

(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

 

2. For purposes of section 4(2) of the Act, the following applies:

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

(b) one third of the access fee is payable as a deposit by the requester

 

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

 

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

 

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

 

(a) For every photocopy of an A4-size page or

part thereof

R1,10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine­

readable form 

R0,75

(c) For a copy in a computer-readable form on

(i) stiffy disc

R7,50

(ii) compact disc

R70,00

(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,

R30,00

for each hour or part reasonable required for such

 

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information 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 begiven 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:

 

 
 

Full names and surname:

 

 
 

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:

   
 

Full names and surname:

   
 

Postal address:

   
 

Fax number:

   
 

Telephone number:

   
 

E-mail address:

   
 

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

 
 

Description of record or relevant part of the record:

 
 

 

 
 

Reference number, if available:

 

 
 

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.

 
 

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 reproduces in sound

 
 

Listen to the soundtrack (audio casette)

   
 

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

   
 

G. 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:

 
 

H. NOTICE OF DECISION REGARDING REQUEST FOR ACCESS

 
 

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

   
 

this day of

   
 

SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

   

 



CW MALAN MALAN INGELYF

 

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