Section 51

Section 51

Manual In Terms Of Section 51 Of The Promotion Of Access To Information Act No 2 Of 2000

Manual prepared in accordance with section 51 of the Promotion of Access to Information Act, Act No. 2 of 2000 (as amended) in respect of Garlicke & Bousfield Inc and its subsidiary companies Bousfield Investments (Pty) Ltd and GB Incentives (Pty) Ltd.

The aim of the Manual is to assist potential requestors in requesting access to information (documents or records) from Garlicke & Bousfield as contemplated under the Act.

The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.

A requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.

The following words or expressions will bear the following meanings in this Manual:

1.1 “the Act” means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published hereunder;

1.2 “Garlicke & Bousfield” means Garlicke & Bousfield Inc, structured as an incorporated professional partnership which renders
legal services including legal advice and legal representation to individual clients, businesses and organisations;

1.3 “Information Officer” means the head of the body or any of the designated information officers described in this Manual;

1.4 “Manual” means this manual, together with all annexures thereto as amended and made available at the offices of Garlicke &
Bousfield from time to time;

1.5 “SAHRC” means the South African Human Rights Commission.

Garlicke & Bousfield prides itself on being one of the oldest and largest legal practices in KwaZulu-Natal, South Africa. Whilst the challenges of the 21st century are profoundly different from those that faced the firm more than 150 years ago, our mission now is the same as it was then: to serve our clients’ needs with legal excellence, efficiency and integrity. From our new home on the hill at La Lucia and our centrally situated offices in the City of Durban and Johannesburg, Garlicke & Bousfield offers a wide range of specialist legal expertise in all facets of the law including but not limited to, inter alia, corporate and commercial law, conveyancing and property law, estates and trusts, labour law, commercial litigation, shipping and transport law, tax law, e-commerce and environmental and planning law and is a member of Multilaw (A Global Network of Independent Law Firms) which gives Garlicke and Bousfield access to over 4 500 carefully selected lawyers in more than 130 commercial centres throughout the world in order to fulfil its clients international needs.

Further information on Garlicke & Bousfield can be obtained from the company’s website www.gb.co.za.

Contact Details [Section 51(1)(a) of the Act]

Name of body: Garlicke & Bousfield Incorporated
Registration number: 1977/003506/21

Head of body: Bongani Mgaga (Chief Executive Officer) | Brian Jennings (Chairman)

Designated Information Officer: Graeme Palmer (Director)
Email: graeme.palmer@gb.co.za

Physical address:
7 Torsvale Crescent
La Lucia Ridge Office Estate
4051
KwaZulu-Natal

Postal address (Durban):
P O Box 1219
Umhlanga Rocks
4320
KwaZulu-Natal

Telephone: +27 31 5705300
Telefax: +27 31 5705301
E-mail: mailur@gb.co.za

THE GUIDE SECTION 51(1)(B) OF THE ACT]

The official PAIA guide.

In accordance with section 10 of the Act, the South African Human Rights Commission (“SAHRC”) has published a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act. This Guide appears on the SAHRC’s website (www.sahrc.org.za under the “Publications” tab and under the heading “Legislation”) and contains the following information:

Part 1 – Why access to information (this sets out the objects of the Act)

Part 2 – Access to information

Part 3 – How to make a request for information (this includes details of the fees to be paid and explains your remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application)

Part 4 – When access to a record may be refused

Part 5 – General information

Part 6 – Public bodies from whom you can access records

Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:

Post: South African Human Rights Commission
Promotion of Access to Information Act Unit
Research & Documentation Department
Private Bag X2700
Houghton 2041

Telephone: +27 11 877 3600
Fax: +27 11 403 0625
Website: www.sahrc.org.za
E-mail: lidlamini@sahrc.org.za

Information freely available.

Certain information is freely available at Garlicke & Bousfield’s offices and consists of recent editions of Garlicke & Bousfield’s newsletters, brochures and special publications.

Information Available In Accordance With Other Legislation

The company keeps records in accordance with the following legislation. This is not an exhaustive list:-

• Currency and Exchanges Act 9 of 1933
• Insolvency Act 24 of 1936
• Pension Funds Act 24 of 1956
• Income Tax Act 58 of 1962
• Administration of Estates Act 66 of 1965
• Stamp Duties Act 77 of 1968
• Companies Act 61 of 1973
• National Building Regulations and Building Standards Act 103 of 1977
• Copyright Act 61 of 1978
• Attorneys Act 53 of 1979
• Credit Agreements Act 75 of 1980
• Stock Exchanges Control Act 01 of 1985
• Regional Services Councils Act 109 of 1985
• Trust Property Control Act 57 of 1988
• Value Added Tax Act 89 of 1991
• Interception and Monitoring Prohibition Act 127 of 1992
• Occupational Health and Safety Act 85 of 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Trade Marks Act 194 of 1993
• Labour Relations Act 66 of 1995
• Tax on Retirement Funds Act 38 of 1996
• Basic Conditions of Employment Act 75 of 1997
• Employment Equity Act 55 of 1998
• Competition Act 89 of 1998
• Skills Development Act 97 of 1998
• Debt Collectors Act 114 of 1998
• Prevention of Organised Crime Act 121 of 1998
• Medical Schemes Act 131 of 1998
• Skills Development Levies Act 9 of 1999
• Financial Intelligence Centre Act 38 of 2001
• Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002
• Electronic Communications and Transactions Act 25 of 2002
• National Credit Act 34 of 2005
• Companies Act 71 of 2008
• Consumer Protection Act 68 of 2008
• Tax Administration Act 28 of 2011

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.

Information Held By Garlicke And Bousfield

Company secretarial and legal records:

• Memorandum and Articles of Association
• Annual Financial Statements
• Records relating to appointment of directors and auditors
• Statutory registers and records
• Minute book of directors’/shareholders meetings and resolutions
• Contracts and agreements.

Financial Records:

• Electronic Accounting records
• Taxation records
• Asset registers
• Annual financial statements
• Banking records (relating to business and trust accounts held)

Operational Documents and Records:

• Operating procedure manuals
• Internal phone lists
• Address lists
• Company policies
• Directives to staff
• Minutes of meetings
• General housekeeping information
• Commercial Contracts
• Client data base (consisting of personal client details, commercial and financial information, information relating to agreements, proposals and intellectual and other property rights of clients)
• Employment contracts
• Employment Equity Report
• Skills Development Report
• Human Resource Information (including internal policies and procedures)
• Garlicke & Bousfield, employee records
• Personal information relating to past, present and prospective employees and directors
• Insurance policies
• Rules and regulations relating to the pension fund and/or provident fund
• Information relating to Garlicke & Bousfield marketing, business plans, systems and procedures
• Requisitions, permits, licences, authorisations, approvals, applications, consents required for the day to day running of Garlicke & Bousfield
• Records relating to information technology (hardware, software and data collection and storage)
• Rules and regulations relating to the medical aid and Pension Fund
• Marketing records

Human Resources:

• Employee records
• Employment contracts
• Payroll records
• Employment equity records
• UIF records
• Medical aid records
• Pension Fund records

Legal services:

Client matter/trust records

Communications:

Correspondence between persons within and without Garlicke & Bousfield not covered by the records described above.

Website:

Garlicke & Bousfield’s website is www.gb.co.za and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors’ resumes; and contact details.

Other Sources of Information:

Garlicke & Bousfield maintains a library containing books, periodicals and other publications of a legal and/or commercial nature.

The request procedures

It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.

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. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
• 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 or fax number in the Republic. 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 [s 53(2)(a) and (b) and (c) and (e)].
• 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 [s 53(2)(d)].
• 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 [s 53(2)(f)].

Fees

• 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 a personal requester, 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 [s 54(1)].
• The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.

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. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
• 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 or fax number in the Republic. 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 [s 53(2)(a) and (b) and (c) and (e)].
• 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 [s 53(2)(d)].
• 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 [s 53(2)(f)].

Fees

• 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 a personal requester, 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 [s 54(1)].
• The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

Other Information As May Be Prescribed Under Section 51(1)(F)

The Minister of Justice and Constitutional Development has to date not made any regulations in this regard.

Availabilty Of Manual Under Section 51(1)(F)

• This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Garlicke & Bousfield. Copies of the Manual may be made, subject to the prescribed fees.
• Copies may also be requested from the South African Human Rights Commission and the Government Gazette.
• The Manual is also posted on Garlicke & Bousfield’s website referred to above.

Prescribed Forms And Fee Structure In Respect Of Private Bodies

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 www.sahrc.org.za.