This Manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act. 2 of 2000 (“PAIA”). This manual aims to facilitate the requests for access to documents or records of the company as provided for in the Act.
This Manual may be updated by the Company from time to time as may be necessary, as soon as any amendments have been made to the Manual, the latest version of the Manual will be published and distributed in accordance with the Act.
The following words or expressions will bear the following meanings in this Manual –
"the Act" means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;
"ASGI" means Assheton-Smith Ginsberg Incorporated (Registration number 2002/010819/21), a personal liability company incorporated as a firm of legal practitioners in accordance with the Legal Practice Act 28 of 2014.
"Client" means any person whether natural or juristic including but not limited to organs of State who or which receives services from ASGI;
"Correspondence" means written and electronic communication exchanged between two or more parties;
"Employee" means any person who works for, or provides services to, or on behalf of ASGI, and receives or is entitled to receive remuneration;
"Information Officer" means the designated information officer/s or the head of the body, as described in this Manual;
"Manual" means this manual, together with all annexures thereto as amended and made available at the offices of ASGI from time to time;
"Requester" means any person or entity requesting access to a record that is under the control of ASGI; and
"SAHRC" means the South African Human Rights Commission.
3. THE ACT
The Act grants a Requester access to records of a private body if the record is required for the exercise or protection of any rights. If a public body lodges a request in terms of the Act, the public body must be acting in the public interest. Request in terms of the Act shall be made in accordance with the prescribed procedures, and at the prescribed fees.
A guide on how to use the Act has been compiled by the SAHRC in terms of section 10 if the Act and is available on the SAHRC website (www.sahrc.org.za). Any queries should be directed to –
The South African Human Rights Commission
Research and Documentation Department
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
4. OVERVIEW OF ASGI
ASGI is a law firm registered with the Legal Practice Council providing legal services in various practice areas.
4.1 ASGI CONTACT DETAILS
Name of Body : Assheton-Smith Ginsberg Incorporated
Registration Number : 2002/010819/21
Postal address : PO Box 15453, Vlaeberg, Cape Town 8018
Physical address : 9th Floor, Wale Street Chambers,38 Wale Street, Cape Town, 8001
Telephone : +27(0)21 424 7390
Fax : +27 (0)21 424 0605
Email : email@example.com
Head of Body : Craig Assheton-Smith (CEO)
Telephone : +27(0)21 424 7390
Fax : +27 (0)21 424 0605
Email : firstname.lastname@example.org
5. INFORMATION AVAILABLE WITHOUT A REQUEST IN ACCORDANCE WITH THE ACT AS CONTEMPLATED UNDER SECTION 51(1)(C) OF THE ACT
No notice has been published in terms of section 52
6. RECORDS HELD BY THE COMPANY IN ACCORDANCE WITH ANY OTHER LEGISLATION AS CONTEMPLATED UNDER SECTION 51(1)(D) OF THE ACT
Records which are kept in accordance with legislation applicable to the company includes but is not limited to, the following-
Administration of Estates Act, No.66 of 1965;
Attorneys Act, No. 53 of 1979;
Basic Conditions of Employment Act, No. 75 of 1997;
Companies Act, No. 61 of 1973 (repealed, save for chapter 14);
Companies Act, No. 71 of 2008;
Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993;
Competition Act, No. 89 of 1998;
Consumer Protection Act, No. 68 of 2008;
Copyright Act, No. 98 of 1978;
Currency and Exchanges Act, No. 9 of 1933;
Credit Agreements Act, No. 75 of 1980 (repealed);
Debt Collectors Act, No. 114 of 1998;
Electronic Communications and Transactions Act, No. 25 of 2002;
Employment Equity Act, No. 55 of 1998;
Financial Intelligence Centre Act, No. 38 of 2001;
Income Tax Act, No. 58 of 1962 (Section 75) (repealed);
Labour Relations Act, No. 66 of 1995;
Medical Schemes Act, No. 131 of 1998;
National Credit Act, No. 34 of 2005;
Occupational Health and Safety Act, No. 85 of 1993;
Pension Funds Act, No. 24 of 1956;
Protection of Personal Information Act, No.4 of 2013;
Regulation of Interception of Communications and Provision of Communication- Related Information Act, No. 70 of 2002;
Stamp Duties Act, No. 77 of 1968 (repealed);
Skills Development Act, No. 97 of 1998;
Skills Development Levies Act, No. 9 of 1999;
Tax on Retirement Funds Act; No. 38 of 1996;
Trade Marks Act, No. 194 of 1993;
Trust Property Control Act, No. 57 of 1988;
Unemployment Insurance Act, No. 63 of 2001;
Unemployment Insurance Contributions Act, No. 4 of 2002;
Value Added Tax Act, No. 89 of 1991
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.
7. INFORMATION HELD BY THE COMPANY AS CONTEMPLATED UNDER SECTION 51(1)(E) OF THE ACT
Value Added Tax Act, No. 89 of 1991
Annual Financial Statements
Share and other statutory registers
Personnel Records and Payroll Records
Training and Development Materials and Records
Client documentation ito Financial Intelligence Centre Act
No 38 of 2001
Records of Clients’ legal proceedings
8. HOW TO REQUEST RECORDS
Records, whether specifically listed in Manual or not, will only be made available subject to the provisions of the Act.
9. 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 Information Officer at the address, fax number or electronic mail address of the body concerned [See s 53(1) of the Act].
The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed [See s 53(2)(a) and (b) and (c) and (e) of the Act].
The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [See s 53(2)(d) of the Act].
If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body [See s 53(2)(f) of the Act].
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 requesting access to a record containing personal information about him/her or itself, must pay the required request fee
The Information Officer must by notice require the Requester (other than a personal Requester) to pay the prescribed request fee (if any) before further processing the request [See s 54(1) of the Act].
If access to a record/s is granted by ASGI, the Requester may be required to pay an access fee for the search for and preparation of the records and for re-production of the record/s. 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. The Requester may lodge an application to the court against the tender or payment of the request fee [See s 54(3)(b) of the Act]. The access fees which apply are set out in Part III of Annexure A of the Regulations to the Act. ASGI can withhold a record/s until such access fees have been paid.
11. DECISION ON REQUEST
After the Information Officer has made a decision on the request, the Requester will be notified using the required form. If the request is granted then a further access fee must be paid for reproduction, for search and preparation, and for any time that has exceeded the prescribed hours to search for and prepare the record for disclosure [See s 54(6) of the Act].
12. GROUNDS OF REFUSAL OF ACCESS
In terms of Part 3, Chapter 4 of the Act ASGI may and in certain instances must refuse access to records on the grounds set out in the Act. The grounds include-
12.1 professional privilege;
12.2 that the record constitutes privileged information for the purposes of legal proceedings;
12.3 that it is necessary to protect the commercial information or the confidential information of a third party;
12.4 that it is necessary to protect the commercial information of or of ASGI;
12.5 that it is necessary to protect the safety of individuals or property;
12.6 that it is necessary to protect the research information of a third party or of ASGI; and
12.7 that granting access would result in the unreasonable disclosure of personal information about a third party.
13. RECORDS OR INFORMATION NOT FOUND
If, after all reasonable steps to locate a record have been taken, no record is found, then the Information Officer will notify the Requester, by way of an affirmation or affidavit that access to the requested and titled document cannot be provided. The affirmation or affidavit will include detailed account of the steps taken to try locate the record.
Should a record be found at a later stage, the Information Officer shall provide the Requester with access to such record, unless access to the record is refused on the grounds permitted by the Act (Part 3, Chapter 4).
14. OTHER INFORMATION UNDER SECTION 51(1)(F) OF THE ACT
The Minister of Justice and Constitutional Development has to date not made any regulations regarding disclosure of other information.
15. AVAILABILITY OF THE MANUAL AS CONTEMPLATED BY SECTION 51(3)
This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of ASGI. Copies of the Manual may be made, subject to the prescribed fees having been paid. Copies may also be requested from the South African Human Rights Commission. The Manual is also posted on ASGI’s website referred to above.
16. PRESCRIBED FORMS AND FEE STRUCTURE IN RESPECT OF PRIVATE BODIES AS CONTEMPLATED BY SECTION 53 AND 54 OF THE ACT
The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the 'regulations' section as well as the SAHRC website