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PAIA Manual

Promotion of access of information manual

Johannesburg Office


  1. Contact details of Private Body
  2. Name of Body:

    Bell Dewar Incorporated (Registration Number: 1995/04675/21)

    (‘the Private Body’)

    Physical Address:

    Inanda Greens

    54 Wierda Road West

    Sandton

    Postal address:

    P O Box 652057

    Benmore

    2010

    Telephone:

    +27 11 586 6000

    Facsimile:

    +27 11 586 6104 / 5

    Website:

    www.fasken.com

    E-Mail :

    bvance@fasken.com

    Head of Body:

    Blaize Vance – Regional Managing Partner



  3. Section 10 Guide

    2.1 In terms of section 10 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), the South African Human Rights Commission has published a guide containing information relating to:

    2.1.1 obtaining access to a record of a Private Body and the assistance that is available from the South African Human Rights Commission in this regard.

    2.1.2 lodging a court application against a decision by the head of a private body.

    2.1.3 the fees that are payable for accessing a record; and

    2.1.4 the voluntary disclosure of information by private bodies.

    2.2 The contact details of the South African Human Rights Commission are as follows:
  4. PAIA Unit

     

    Postal Address:

    Private Bag 2700

    Houghton

    2041

    South Africa

    Telephone:

    011 877 3600

    Facsimile:

    011 403 0625

    E-mail and Website:

    PAIA@sahrc.org.za

    www.sahrc.org.za


  5. Records that are available in terms of other legislation

    3.1 Where applicable and insofar as the requester complies with the requirements set out in the relevant act, the requester may request information, which is available in terms of the following legislation, as amended:

    3.1.1 Financial Intelligence Centre Act 38 of 2001.

    3.1.2 Attorneys Act 53 of 1979; Superior Courts Act 10 of 2013 3.1.3 Magistrates Court Act 32 of 1944.

    3.1.4 Criminal Procedures Act 51 of 1977.

    3.1.5 Pensions Funds Act 24 of 1956.

    3.1.6 Basic Conditions of Employment Act 75 of 1997.

    3.1.7 Broad Based Black Economic Empowerment Act 53 of 2003.

    3.1.8 Companies Act 71 of 2008

    3.1.9 Compensation for Occupational Injuries and Diseases Act 130 of 1993.

    3.1.10 Employment Equity Act 55 of 1998.

    3.1.11 Electronic Communications and Transactions Act 25 of 2002.

    3.1.12 Financial Markets; Act 19 of 2012.

    3.1.13 Financial Services Board Act 97 of 1990.

    3.1.14 Income Tax Act 58 of 1962.

    3.1.15 Labour Relations Act 66 of 1995.

    3.1.16 Occupational Health and Safety Act 85 of 1993.

    3.1.17 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.

    3.1.18 Skills Development Act 97 of 1998.

    3.1.19 Skills Development Levies Act 9 of 1999.

    3.1.20 Value Added Tax Act 89 of 1991.
  6. Subjects and categories of information held

    4.1 The subjects and categories of official and/or confidential information on which the Private Body holds records are as follows:

    4.1.1 Commercial:

    4.1.2 Documentation relating to certain projects.

    4.1.3 Documentation and contracts relating to Project Finance.

    4.1.4 Documentation relating to the High Court and Magistrates’ Court.

    4.1.5 Marketing Documentation.

    4.1.6 Opinions and research documentation.

    4.1.7 Correspondence.

    4.1.8 Legal Registers.

    4.1.9 Legal Audits and Due Diligence Reports.

    4.1.10 Statements of Merger Information and merger notification documentation.

    4.1.11 Complaint referrals in terms of the Competition Act.

    4.1.12 Documentation relating to tenders:

    4.1.13 Documentation emanating from the Private Body.

    4.1.14 Documentation emanating from bodies other than the Private Body.

    4.1.15 The body also has information relating to the following:

    4.1.16 Customer related records.

    4.1.17 Personnel and Human Resources records.

    4.1.18 Records relating to the Private Body.

    4.1.19 Operational Information.

    4.1.20 Communications.

    Please note: Due to the nature of the Private Body’s business, many of the records held by the Private Body may be subject to legal professional privilege and therefore access to such records may be refused in accordance with section 67 of PAIA. 

     

  7. The request procedure

    5.1 Forms and fees

    5.1.1 A request for information must be made in the prescribed form, must be addressed to the head of the Private Body and must be submitted with the prescribed fee.

    5.1.2 The prescribed request form and details regarding the prescribed fees are available from the head of the Private Body and from the South African Human Rights Commission, whose contact details are set out above.

    5.2 Form of request

    5.2.1 The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the Private Body. This request must be made to the address, facsimile number or electronic mail address of the Body concerned.

    5.2.2 The requester must provide sufficient detail on the request form to enable the head of the Private Body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should indicate if it requires notice of the decision of the head of the Private Body in any manner, other than in writing.

    5.2.3 The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.

    5.2.4 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.

    5.3 Fees

    5.3.1 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.

    5.3.2 The head of the Private Body must by notice, require the requester to pay the prescribed fee, if any, before further processing the request.

    5.3.3 The requester may lodge an application to the High Court relating to the payment of the request fee.

    5.3.4 After the head of the Private Body has made a decision on the request, the requester must be notified in the required form.

    5.3.5 If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time, in excess of the prescribed hours, required to search and prepare for the record disclosure.
  8. Other information required by legislation

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

  9. Availability of the manual

    7.1  This manual is available for inspection at the Private Body’s physical address, free of charge as well as on its website, www.fasken.com.

    7.2  A copy of this manual can be obtained from the South African Human Rights Commission.

  10. The prescribed forms and fees for requests to private bodies

    Available on the website of the South African Human Rights Commission at www.sahrc.org.za and the website of the Department of Justice and Constitutional Development at www.doj.gov.za.

  11. Definitions
    The words or expressions bear the meanings in the Act:
    Promotion of Access to Information Act 2 of 2000 | South African Government (www.gov.za)

  12. Alignment

    This Manual is aligned to:
    •  The Promotion of Access to Information Act 2 of 2000 (the Act)

  13. Revision History

Date

Version

Author/Reviewer

Approver

Summary of changes

2020-JUNE-04

V1

C. Brady

B. Vance

New Manual

 

 

 

 

 

Document Owner: Compliance

Next Review Date: 2021