Manual prepared in accordance with Section 51 of The Promotion Of Access To Information Act, No 2 of 2000

PART I

CONTACT DETAILS

Senior Partner: Mervyn Smith

Postal address: P O Box 4040
Tyger Valley
7536

Physical address: Tyger Valley Office Park
Building Number 2
Cnr Willie van Schoor & Old Oak Roads
Bellville

Telephone: + 27 21 918 9000

Fax: + 27 21 918 9090

E-mail: info@mindes.co.za

Website: www.mindes.co.za

PART II

GUIDE OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

This guide will be available from the South African Human Rights Commission no later than August 2003. Kindly 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 11 484 8300
Fax: +27 11 484 0582
E-mail: PAIA@sahrc.org.za
Website: www.sahrc.org.za

PART III

NOTICE IN TERMS OF SECTION 52(2)

The Minister has at the date of printing hereof not yet published a notice in terms of Section 52(2).

Minde Schapiro & Smith holds no information that is freely available without a requestor having to request access in terms of the Act.

PART IV

INFORMATION AVAILABLE

Minde Schapiro & Smith holds records on the following subjects and categories:

PERSONNEL RECORDS
  • Personal records provided by employees
  • Records provided by individuals and other employees
  • Employment agreements and conditions of employment
  • Disciplinary and evaluation records
  • Correspondence relating to personnel
  • Training material
  • Requests for leave
  • Absence record
  • Personnel file
CLIENT RECORDS
  • Records provided by a client
  • Records provided by a client to a third party acting for or on behalf of Minde Schapiro & Smith
  • Records provided by third parties
  • Records generated by or within Minde Schapiro & Smith
  • Fee structures and agreements
GENERAL
  • Financial records
  • Insurance records
  • Asset register
  • Databases
  • Law Society Records
  • Marketing Records
  • Internal Correspondence
  • External Correspondence
  • Securities
  • Commercial Agreements

All information requested will only be made available subject to the provisions of the Act and subject to Attorney-Client Privilege.

PART V

MANNER OF ACCESS

The requester must use the prescribed form to make the request.

No request, other than a personal request, will be processed without payment of the prescribed fee.

If a request is granted, an access fee must be paid.

The requester will, subject to the provisions of the Act, be notified within 30 days of receipt of the request whether the request is granted or refused.

PART VI

GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

In terms of Sections 62 to 69 of the Act, access to a record may be refused on one or more of the following grounds:

  • Mandatory protection of the privacy of a third party who is a natural person
  • Mandatory protection of the commercial information of a third party
  • Mandatory protection of certain confidential information of a third party
  • Mandatory protection of the safety of individuals and the protection of property
  • Mandatory protection of records privileged from production in legal proceedings
  • The commercial information of Minde Schapiro & Smith

Despite any provisions of the Act, a request must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law or immenent and serious public safety or environmental risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated. (Section 70 of the Act)

PART VII

LEGISLATION

Minde Schapiro & Smith holds information in accordance with the following legislation. (Please note that this is not an exhaustive list)

  • Income Tax Act, No 58 of 1962 (Section 75)
  • Value-Added Tax Act, No 89 of 1991 (Section 65)
  • Unemployment Insurance Act, No 30 of 1996 (Section 32)
  • Basic Conditions of Employment Act, No 75 of 1997 (Section 31)
  • Employment Equity Act, No 55 of 1998 (Section 26)
  • Compensation for Occupational Injuries and Diseases Act, No 130 of 1993 (Section 97)
  • Insolvency Act, No 24 of 1936 (Sections 134 and 155)
  • Occupational Health and Safety Act, No 85 of 1993
  • Attorneys Act, No 53 of 1979
  • Skills Development Act, No 97 of 1998

PART VIII

AVAILABILITY OF THE MANUAL

This manual will be published in the Government Gazette and will also be available on the Minde Schapiro & Smith website.