Manual Prepared In Accordance With Section 51 Of The Promotion Of Access To Information Act, No 2 Of 2000
Managing Director: Heinrich Crous
Postal address: P O Box 4040
Physical address: Tyger Valley Office Park
Building Number 2
Cnr Willie van Schoor & Old Oak Roads
Telephone: + 27 21 918 9000
Fax: + 27 21 918 9090
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:
The Research and Documentation Department
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.
Minde Schapiro & Smith holds records on the following subjects and categories:
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
Requests for leave
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
Law Society Records
All information requested will only be made available subject to the provisions of the Act and subject to Attorney-Client Privilege.
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.
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)
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
AVAILABILITY OF THE MANUAL
This manual will be published in the Government Gazette and will also be available on the Minde Schapiro & Smith website.