PAIA Manual

 

1. INTERPRETATION

In this manual in terms of the Promotion of Access to Information Act No. 2 of 2000 (“Act”), unless the context indicates otherwise, the words and expressions set out below shall have the meanings assigned to them in the Act and cognate expressions shall have a corresponding meaning, namely:

1.1 “Employee” means any person who works for or provides services to or on behalf of MJD Law, and receives or is entitled to receive remuneration;

1.2 “Head” means any authorised representative of MJD Law to carry out the duties ascribed to the “Head” of a Private Body by the Act;

1.3 “MJD Law” means MJD Law Incorporated (Registration number: 2020/052685/21);

1.4 “PAIA Manual” means this PAIA Manual which is published in accordance with section 51 of the Act;

1.5 “Request” means any request made in terms of this PAIA Manual;

1.6 “Requester” means any person or entity requesting access to a record that is under the control of MJD Law;

1.7 “RSA” means the Republic of South Africa;

1.8 “SAHRC” means the South African Human Rights Commission; and

1.9 “SAHRC Guide” means the Guide published by the SAHRC in terms of section 10 of the Act.

2. BACKGROUND

2.1 This PAIA Manual has been compiled in accordance with the requirements of the Act.

2.2 The aim of this PAIA Manual is to facilitate the requests for access of the records of MJD Law, a Private Body, as provided for by the Act, and this PAIA Manual contains the information specified in section 51(1) of the Act, which is applicable to Private Bodies.

3. INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(A) OF THE ACT

3.1 Registered and postal address:

35 Ferguson,

Hyde Park,

Johannesburg,

South Africa,

2196.

3.2 Telephone Number: +27 10 006 5177/6

3.3 E-mail Address:[email protected] and [email protected]

4. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 51(1)(B) OF THE ACT

4.1 The HRCSA Guide has been compiled in terms of Section 10 of PAIA by the HRCSA and contains information required by a person wishing to exercise any right contemplated by PAIA and is available in all of the official languages.

4.2 The HRSCA Guide is available for inspection at, inter alia, the offices of the HRCSA at 29 Princess of Wales Terrace, corner Braampark Forum 3, 33 Hoofd Street, Braamfontein and on its website at www.sahrc.org.za.

5. THE LATEST NOTICE IN TERMS OF SECTION 52(2) OF THE ACT (IF ANY)

No notice(s) have been published on the categories of records that are automatically available without a person having to request access in terms of the Act.

6. RECORDS AVAILABLE AND MAINTAINED IN TERMS OF OTHER LEGISLATION AND SECTION 51(1)(d) OF THE ACT

MJD Law is subject to all the laws of South Africa. The list of Acts shown hereunder includes, but is not limited to, the Acts to which MJD Law must adhere to:

  • Basic Conditions of Employment Act No. 75 of 1997
  • 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 2001
  • Copyright Act No. 98 of 1978
  • Currency and Exchanges Act No.9 of 1933
  • 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
  • Labour Relations Act No. 66 of 1995
  • National Credit Act No. 34 of 2005
  • Occupational Health and Safety Act No. 85 of 1993
  • Pension Funds Act No. 24 of 1956
  • Promotion of Access of Information Act No. 2 of 2000
  • Protection of Personal Information Act No. 4 of 2013
  • Regulation of Interception of Communications Act No. 70 of 2002
  • Skills Development Act No. 97 of 1998
  • Skills Development Levies Act No. 9 of 1999
  • Unemployment Insurance Contributions Act No. 4 of 2002
  •  Value Added Tax Act No. 89 of 1991

7. SUBJECTS AND CATEGORIES OF RECORDS HELD BY MJD LAW IN TERMS OF SECTION 51(1)(E) OF THE ACT

The inclusion of any category of information of records must not be taken to mean that the said records will be made available to the Requester in terms of the Act. Furthermore, the grounds of refusal set out in chapter 4 of the Act may be applied to each Request.

7.1 Company Records:

  • registration certificate
  • memorandum of incorporation
  • directors’ minute book
  • shareholders’ minute book

7.2 Financial Records:

  • annual financial statements
  • accounting records
  • asset register
  • bank and related records
  • inventory register
  • income and expense vouchers

7.3 Taxation Records:

  • Pay-as-you-earn records
  • documents issued to employees for income tax purposes
  • records of payments made to the South African Revenue Service on behalf of employees
  • annual tax return records
  • value-added-tax records
  • skills development levies record
  • unemployment insurance fund records

7.4 Personnel Documents and Records:

  • disciplinary records
  • employment contracts
  • leave records
  • remuneration records and policies
  • training manuals
  • training records
  • workmen’s compensation records

8. FORM OF REQUEST IN TERMS OF SECTION 51(1)(E) OF THE ACT

Each Request shall be made in accordance with the prescribed procedure and by making use of the prescribed form which is available for download on the website of the SAHRC at www.sahrc.org.za. The prescribed form must be addressed and submitted to the Head at the address or e-mail address stipulated in paragraph 4 (Information Required in terms of Section 51(1)(a) of the Act) above.

9. PRESCRIBED FEES IN TERMS OF SECTIONS 51(1)(F) AND 54 OF THE ACT

9.1 The following fees are applicable to any Requester in the following instances:

9.1.1 Request Fees:

Each Requester shall be required to pay the prescribed fee of R50.00 (fifty Rand) for requesting access to the records of MJD Law.

9.1.2 Access to Records Fees:

In the event that the Request is granted, the Requester shall be notified thereof in the prescribed form and shall be required to pay the prescribed fees for accessing the records of MJD Law, which fees are associated with the search for, preparation of, and reproduction of the records in the Request, as set out hereunder, or as otherwise amended from time to time by the Minister:

  • copy per A4 page: R1.10 (one Rand and ten cents)
  • printing per A4 page: R0.75 (seventy-five cents)
  • copy on a compact-disk: R70 (seventy Rand)
  • transcription of visual images per A4 page: R40 (forty Rand)
  • copy of a visual image: R60 (sixty Rand)
  • transcription of an audio recording per A4 page: R20 (twenty Rand)
  • copy of an audio recording: R30 (thirty Rand)
  • search and preparation of the record for disclosure: R30 (thirty Rand) per hour or part thereof, excluding the first hour, reasonably required for the search and preparation
  • posting fee: actual fee.

10. INFORMATION OR RECORDS NOT FOUND

10.1 If all reasonable steps have been taken to locate a record, and such a record cannot be found or is not found to exist, MJD Law shall notify the Requester, by way of an affidavit or affirmation, that it is not possible to provide access to the requested record.

10.2 The affidavit or affirmation referred to in paragraph 10.1 above shall contain a full account of all the steps taken by MJD Law to locate the record or to determine the existence thereof.

10.3 If the record in question is found at a later stage, the Requester concerned shall be given access to the record, unless access is refused on a ground for refusal contemplated in chapter 4 of the Act.

11. AVAILABILITY OF THE PAIA MANUAL IN TERMS OF SECTION 51(3) OF THE ACT

This PAIA Manual will be readily available for inspection by the general public, upon request, during office hours and free of charge, at the registered address of MJD Law as stipulated in paragraph 4 (Information Required in terms of Section 51(1)(a) of the Act) above or copy of may be requested from the SAHRC.

12. UPDATING OF MANUAL

MJD Law will update this PAIA Manual every 12 (twelve) months, or whenever it is deemed necessary to do so.