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MALHERBE ATTORNEYS & CONVEYANCERS MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (PAIA)

  1. CONTACT DETAILS OF MALHERBE ATTORNEYS AND CONVEYANCERS

Physical address:

26 Gazania Street

Riversdale

Western Cape

6670

Postal address:

26 Gazania Street

Riversdale

Western Cape

6670

Contact number:

079 412 3630

Email address:

anel@malherbelaw.co.za

  1. THE GUIDE REFERRED TO IN SECTION 10:

The guide referred to in Section 10 of the Promotion of Access to Information Act, 2 of 2000 (hereinafter referred to as “PAIA”) was published by the South African Human Rights Commission and was updated in accordance with the POPI Act.  This guide will be available at the offices of the Information Regulator and on the website of the aforementioned.

INFORMATION REGULATOR:

PHYSICAL ADDRESS:

27 Stiemens Street,

Braamfontein

Johannesburg 2001

POSTAL ADDRESS:

P O Box 31533

Braamfontein

Johannesburg

2017

CONTACT NUMBER: 010 023 5200

EMAIL: enquiries@inforegulator.co.za

WEBSITE: www.justice.gov.za/inforeg

  1. THE LATEST NOTICE PUBLISHED IN TERMS OF SECTION 52(2) (IF ANY):

No notice has been published in terms of Section 52(2) of PAIA.  A notice in terms of the aforementioned section deals with categories of records that are automatically available without a person having to request access to same in terms of PAIA.

  1. ACTS AND OTHER LEGISLATION HELD BY MALHERBE ATTORNEYS AND CONVEYANCERS

Acts and other legislation held by Malherbe Attorneys & Conveyancers may include, but are not limited to, the following:

  • Administration of Estates Act, 66 of 1965
  • Basic Conditions of Employment Act, 75 of 1997
  • Broad-Based Black Economic Empowerment Act, 53 of 2003
  • Close Corporations Act 69 of 1984
  • Companies Act 71 of 2008
  • Compensation for Occupational Injuries and Diseases Act, 130 of 1993
  • Consumer Protection Act, 68 of 2008
  • Deeds Registries Act, 47 of 1937
  • Electronic Communications and Transactions Act, 25 of 2002
  • Estate Duty Act, 45 of 1955
  • Employment Equity Act, 55 of 1998
  • Financial Intelligence Centre Act, 38 of 2001
  • Income Tax Act, 58 of 1962
  • Insolvency Act, 24 of 1936
  • Labour Relations Act, 66 of 1995
  • Legal Practice Act 28 of 2014
  • Occupational Health and Safety Act, 85 of 1993
  • Pension Funds Act, 24 of 1956
  • Promotion of Access to Information Act, 2 of 2000
  • Protection of Personal Information Act, 4 of 2013
  • Skills Development Act, 97 of 1998
  • Skills Development Levies Act, 9 of 1999
  • Subdivision of Agricultural Land Act, 70 of 1970
  • Transfer Duty Act, 40 of 1949
  • Trust Property Control Act, 57 of 1988
  • Unemployment Contributions Act, 4 of 2002
  • Unemployment Insurance Act, 63 of 2001
  • Value Added Tax Act, 89 of 1991
  1. SUBJECTS AND CATEGORIES HELD BY MALHERBE ATTORNEYS AND CONVEYANCERS

The following subjects and categories of records are held by Malherbe Attorneys and Conveyancers:

  1. Banking details and/or records.
  2. Correspondence (including General Correspondence).
  3. Financial Records of Malherbe Attorneys and Conveyancers.
  4. Employee records and contracts.
  5. Attendance Registers.
  6. Pension and/or Provident fund records.
  7. Employee Policies and Procedures.
  8. Marketing Strategies and Records.
  9. Client Register.
  10. Minutes of Meetings (Management and Staff).
  11. Remuneration Records and Policies.
  12. Insurance Records.
  13. Website information.
  14. Publications and information circulars.
  15. Suppliers’ registry.
  16. Asset Register.
  17. Tax records and information (Malherbe Attorneys and Conveyancers and employees).
  18. IT Policies and Procedures.
  19. Conditions of Service.
  20. Industrial and Labour Relations Records.
  21. Information relating to Health and Safety Regulations.
  22. Personnel Guidelines, Policies and Procedures.
  23. Skills Requirements.
  24. Training Records relating to Staff and Management.
  25. Purchases Records.

PLEASE NOTE: The above section of the Manual indicates the subject and categories of records that are being held by Malherbe Attorneys and Conveyancers and the inclusion of any subject and/or category should not be taken as an indication that any and/or all records falling in these subjects and/or categories will be made available to the requester under PAIA. It must be noted that grounds of refusal set out in PAIA may be applicable to a request for such records.

  1. THE REQUEST PROCEDURE IN TERMS OF PAIA
  • The Requester must complete the prescribed form (Form A annexed hereto), which completed form, together with payment of the request fee, must be submitted to the Information Officer to his/her electronic mailing address.
  • The Information Officer will inform the Requester of the relevant request fee that is payable before the request will be processed.
  • The Requester must provide sufficient information on the prescribed form for the Information Officer to identify both the requester and the record that is being requested.
  • The Requester must indicate to the Information Officer which form of access is required.
  • The Requester must indicate whether the record must be provided in a particular language and must also provide his/her postal address or fax number to the Information Officer. Should the Requester wish to be informed in any other manner, such manner and the details thereof must be provided to the Information Officer, for the Requester to be informed accordingly.
  • The Requester must indicate the right that he/she is electing to exercise or protect.
  • The Requester must provide an explanation as to why the record that is being requested is needed to exercise or protect the right concerned.
  • Should the request be made on behalf of another person, proof of the capacity in which the Requester is making the request must be submitted to the Information Officer together with the prescribed form.
  1. UPDATES AND AMENDMENTS TO THIS MANUAL

Malherbe Attorneys and Conveyancers reserves the right to amend and update this manual from time to time.  Such changes and/or amendments will be carried out subject to and published in accordance with the PAIA and POPIA legislation

Kindly fill in te form and submit below or send it to us via email: anel@malherbelaw.co.za