PAIA Manual of Grobler Malope Inc.

GROBLER MALOPE Incorporated
Reg. No.: 2021 / 130857 / 21

PAIA Manual

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

(“the Act”)

INDEX

1. Introduction

2. Purpose of the Manual

3. Definitions

4. Contact Information

5. Guide on the Act

6. Applicable Legislation

7. Schedule of Records

8. Access to records

9. Prescribed Fees

10. Availability of the Manual

11. Divisions of the Grobler Malope Incorporated

12. Remedies available to a requester upon refusal of access

13. Request Procedure

14. Annexure 1

1. Introduction

1.1 The aim of the Promotion of Access to Information Act, No 2 of 2000 is to give effect to the constitutional right of access to any information that is held by another person, which is required for the exercise or protection of any rights, as well as to provide for matters connected in addition to that.

1.2 This manual is to assist potential Requesters regarding the procedure to be followed when requesting access to information from Grobler Malope Incorporated in terms of the Act.

1.3 Grobler Malope Incorporated is a personal liability company duly registered as contemplated in the Companies Act, No 71 of 2008, that conducts business as a law firm. It mainly specialises in Insolvency Law, Family Law, Labour Law, and related civil litigation but also offers a wide array of other services.

1.4 This manual may be amended from time to time, and any new versions of the manual will be made public.

2. Purpose of the Manual

2.1 This manual forms an integral part of Grobler Malope Incorporated’s commitment to fostering a culture of transparency and accountability within the company as a whole by giving effect to the right to access information that is required for the exercise or protection of any right; and to actively promote a society in which the people of South Africa have adequate access to information to enable them to exercise and protect their rights more fully.

2.2 To promote the effective governance of all private institutions, Grobler Malope Incorporated recognises the fundamental requirement that all the people of South Africa be empowered and educated to understand their rights in terms of this Act for them to exercise their rights concerning all institutions, whether those institutions are of a private or public nature.

2.3 In Chapter 2, Section 36 of the Constitution of South Africa (Act 108 of 1996), subsection 1 of the Act recognises that such right to access information cannot be unlimited and should be subject to justifiable limitations.

3. Definitions

3.1 “the Client” refers to any natural or juristic entity that receives services from Grobler Malope Incorporated;

3.2 “the Company” refers to Grobler Malope Incorporated;

3.3 “the Customer” has a similar meaning as Client, as listed above;

3.4 “Grobler Malope Incorporated” refers to all or any of the divisions that form part of the Company.

3.5 “Employees” refer to any person who works for, or provides services to or on behalf of Grobler Malope Incorporated, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Company, who has a written contract of employment with Grobler Malope Incorporated.

3.6 “the Information Officer” means a person acting on behalf of Grobler Malope Incorporated, who is responsible for discharging the duties and responsibilities assigned to the “head” of Grobler Malope Incorporated, as prescribed in terms of this Act, and may include a Deputy Information Officer.

3.7 “Other Requester” means any Requester other than a Personal Requester.

3.8 “Personal Requester” means a Requester seeking access to a record containing personal information about that specific Requester.

3.9 “Requester” means any person requesting access to a record under the control of Grobler Malope Incorporated.

3.10 “Third Party” means any natural or juristic person other than the Requester or such party acting on behalf of the Requester or Grobler Malope Incorporated.

4. Contact Information

4.1 Chief Executive Officer: Glaness Rinsi Malope (Director)

4.2 Information Officer: Dionne Rohan Lamprecht

4.3 Deputy Information Officer: Linda Gourlie

4.5 Postal Address: Same as Physical Address

4.6 Physical Address: Law Chambers, 155 Bethlehem Drive, Rustenburg, 0299

4.7 Telephone: +27 (014) 592 9217

4.8 Fax: +27 (086) 696 0601

4.9 Email Address: info@gmilaw.co.za

5. Guide on the Act

5.1 The Act grants a Requester access to records of a private body if the record is required for the exercise or protection of any rights. However, if a public body lodges a request, the public body must be acting in the public interest.

5.2 Requests in terms of the Act shall be made following the prescribed procedures at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

5.3 Any Requester is referred to the Guide in Section 10 of the Act, compiled by the South African Human Rights Commission, and contains information for exercising Constitutional Rights. The Guide is available from the Human Rights Commission at any of the following offices or on their website: www.sahrc.org.za

The contact details of the Commission are as follows:

Johannesburg: Private Bag 2700, Houghton, 2041
Tel: 011 484 8300 Fax: 011 484 1360

Bloemfontein: P.O. Box 4245, Bloemfontein, 9300
Tel: (051) 447 1130 Fax: (051) 447 1128

Port Elizabeth: P.O. Box 1854, Port Elizabeth, 6001
Tel: (041) 582 2611 Fax: (041) 582 2204

Polokwane: P.O. Box 55796, Polokwane, 0700
Tel: (015) 291 3500 Fax: (015) 291 3505

Durban: P.O. Box 1456, Durban, 4000
Tel/Fax: (031) 304 7323/4/5

Cape Town: P.O. Box 3563, Cape Town, 8000
Tel: (021) 426 2277 Fax: (021) 426 2875

6. Applicable Legislation

No	Act Applicable	Name of Act
6.1	No 24 of 1936	Insolvency Act
6.2	No 95 of 1967	Income Tax Act
6.3	No 98 of 1978	Copyright Act
6.4	No 99 of 1978	Protection of Businesses Act
6.5	No 53 of 1979	Attorneys Act
6.6	No 89 of 1991	Value Added Tax Act
6.7	No 85 of 1993	Occupational Health and Safety Act
6.9	No 69 of 1984	Close Corporations Act
6.10	No 66 of 1995	Labour Relations Act
6.11	No 30 of 1996	Unemployment Insurance Act
6.12	No 108 of 1996	The Constitution of the Republic of South Africa
6.13	No 75 of 1997	Basic Conditions of Employment Act
6.14	No 55 of 1998	Employment Equity Act
6.15	No 97 of 1998	Skills Development Act
6.16	No 114 of 1998	Debtor Collectors Act
6.17	No 23 of 1999	Harmful Business Practices Act
6.18	No 2 of 2000	Promotion of Access of Information Act
6.19	No 38 of 2001	Financial Intelligence Centre Act
6.20	No 25 of 2002	Electronic Communications and Transactions Act
6.21	No 37 of 2002	Financial Advisory and Intermediary Service Act
6.22	No 68 of 2008	Consumer Protection Act
6.23	No 71 of 2008	Companies Act

7. Schedule of Records

Company Record Classification Key

Classification	Access	Classification
A	May be disclosed	Public Access Document
B	May be disclosed	Subject to Copyright
C	Limited disclosure	Personal information about the Requester
D	May not be disclosed	Unreasonable disclosure of personal information
E	May not be disclosed	Request after commencement of criminal proceedings
F	May not be disclosed	Would breach a duty of confidence owed to a third party
G	May not be disclosed	Could harm the commercial or financial interests of a third party
H	May not be disclosed	Could harm the Company or a third party in contract, or other negotiations
I	May not be disclosed	Could compromise the safety of individuals or protection of property
J	May not be disclosed	Legally privileged document
K	May not be disclosed	Commercial information of Company Records

Company Records

Area

Subject

Classification

Public Records	Public Corporate Records (CIPC)	A
	Company Records defined by Companies Act, 2008	A

Communication	Public Product Information	B
	Media Releases	B
	Promotion of Access to Information Act Manual	B
Websites	Company and divisional profiles	B
	News and Publications	B
	Company Structure	B

Marketing Records	Market Information	H, K
	Marketing Strategies	H, K

Marketing Statistics

H, K

Performance Records

H, K

Human Resources	Staff Records	C, D, H, I
	Employment Contracts	C, D, H, I
	Policies and Procedures	C, K
	Information about to Staff Benefits	C, D, H
Financial Records	Financial Statements	K
	Financial and Tax Records (Company & Employees)	K
	Management Accounts	K
	Asset Register	K
	Trade Marks	B
Legal Records	Statutory Records (including Income Tax)	K
	Records kept in Terms of GAAP	K
	Agreements and Contracts	F, G, H, I, K
	Policy Records	C, K
Operational Records	Minutes of Meetings	C, K
	Voice recording/other electronic recordings of meetings	C, K
	Policy Documents	B
	Services Sales Records	C, K
	Client Records & Database	I, K
	Security Records	I
	Internal Communication Records	C, K
	Supplier Records	F, G, H, K

8. Access to records

To facilitate the processing of a request, the Requester must:-

8.1 Use the prescribed form attached to this manual as Annexure 1 or on the Grobler Malope Incorporated website: www.gmilaw.co.za.

8.2 Address the request to the Information Officer listed above in paragraph 4.2 and fax or e-mail the request form, duly completed, as provided for in this manual;

8.3 Provide sufficient particulars to enable the Information Officer of the Company to identify the record/s requested;

8.4 The Requester must indicate:

a) In which form (medium/method) access is required;

b) Specify a postal address or fax number of the Requester in the Republic;

8.5 Identify the right the Requester is seeking to exercise or protect and provide an explanation of why the requested record is required;

8.6 If the Requester, in addition to a written reply, wishes to be informed of the decision on the request in any other manner, state that manner and the necessary particulars thereof;

8.7 If the request is made on behalf of another person, submit proof of the capacity in which the Requester is requesting the reasonable satisfaction of the Company.

9. Prescribed Fees

9.1 On request of access to information, the Information Officer, or a duly authorised person, will by notice require the Requester, other than a Personal Requester, to pay the prescribed fee as set out below in paragraph 9.5 before the request is processed.

9.2 If the search for the record has been done and the preparation of the record for disclosure, including an arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the authorised person shall notify the Requester of the deposit payable as the specified portion of the access fee.

9.3 A Requester, whose request for access has been granted, must pay an access fee for reproduction, and for search and preparation, and for any time reasonably required in excess of the prescribed hours, to search for and prepare the record for disclosure, including arranging to make it available in the request form.

9.4 If a deposit has been paid in respect of a request for access, which is refused, the deposit will be repaid to the Requester.

9.5 Prescribed Fees

If you require access to records of your personal information, you do not have to pay a request fee. The following is a breakdown of the fee structure to determine the fees relating to a request for access to a record of a private body, as per Part III of Regulation 187 published in the Government Gazette on 15 February 2002:

9.5.1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

9.5.2 The fees for reproduction referred to in regulation 11(1) are as follows:

(a)		For every photocopy of an A4-size page or part thereof	R1.10
(b)		For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form	R0.75
(c)		For a copy in a computer-readable form on -
	(i)	stiffy disc	R7.50
	(ii)	compact disc	R70.00
(d)	(i)	For a transcription of visual images, for an A4-size page or part thereof	R40.00
	(ii)	For a copy of visual images	R60.00
(e)	(i)	For a transcription of an audio record, for an A4-size page or part thereof	R20.00
	(ii)	For a copy of an audio record	R30.00

9.5.3 The request fee payable by a Requester, other than a Personal Requester, as
referred to in Regulation 11(2) is R50.00

9.5.4 The access fees payable by a Requester referred to in Regulation 11(3) are as
follows:

(1)	(a)		For every photocopy of an A4-size page or part thereof	R1.10
	(b)		For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form	R0.75
	(c)		For a copy in a computer-readable form on -
		(i)	stiffy disc	R7.50
		(ii)	compact disc	R70.00
	(d)	(i)	For a transcription of visual images, for an A4-size page or part thereof	R40.00
		(ii)	For a copy of visual images	R60.00
	(e)	(i)	For a transcription of an audio record, for an A4-size page or part thereof	R20.00
		(ii)	For a copy of an audio record	R30.00
	(f)		To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

(2) For purposes of section 54(2) of the Act, the following applies:

	(a)		Six hours as the hours to be exceeded before a deposit is payable;
			and
	(b)		One-third of the access fee is payable as a deposit by the Requester.

(3) The actual postage is payable when a record copy must be posted to a requester.

*All fees exclude VAT

10. Availability of the Manual

10.1 This manual is available for inspection at the offices of Grobler Malope Incorporated free of charge;

10.2 Copies of the manual may be obtained by request, on payment of the prescribed fees, from Grobler Malope Incorporated;

10.3 The manual can also be accessed on:

(i) the Grobler Malope Incorporated website at www.gmilaw.co.za; and

(ii) the South African Human Rights Commission website at www.sahrc.org.za;

11. Divisions of the Grobler Malope Incorporated

11.1 Administrative Division (CEO & Board)

11.2 Accounting Division and Finance Division;

11.3 Insolvency Law Division;

11.4 Litigation & Divorce Division;

11.5 General Division.

12. Remedies available to a requester upon refusal of access

12.1 Internal remedies:

Grobler Malope Incorporated has no internal appeal procedures that may be followed after a request for access information has been refused. As such, the decision made by the Information Officer is final, and Requesters will have to exercise the external remedies at their disposal if the Requester is not satisfied with the answer supplied by the Information Officer when the request for information is refused.

12.2 External remedies:

a) A Requester dissatisfied with the Information Officer’s refusal to disclose information, may apply to a competent court for relief within 30 days of notification of the decision.

b) Likewise, a Third Party dissatisfied with the Information Officer’s decision not to grant a request for information, may apply to a competent court for relief within 30 days of notification of the decision.

c) For purposes of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court, or another court with similar status.

13. Request Procedure

13.1 The Requester must comply with all the procedural requirements in the Act relating to requesting access to a record.

13.2 The Requester must complete the prescribed form enclosed hereunder as ANNEXURE 1 and submit same as well as payment of a request fee (if applicable) and a deposit, where a request is made for access to information relating to a Third Party, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated above in paragraph 4.2.

13.2 The prescribed form must be completed with at least enough particularity to enable the Information Officer to identify the following:

a) The record or records required by the Requester;

b) The identity of the Requester and such person acting on behalf of the Requester where applicable;

c) What form of access is required if the request is granted;

d) The telephone number, postal address, or fax number of the Requester (within the Republic of South Africa).

=============================================================

ANNEXURE 1

REQUEST FORM FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000))

[Regulation 10]

A. Particulars of the private body:

	Registered name:	Grobler Malope Incorporated
	Registration number :	2021 / 130857 / 21
	Authorised Person:	Dionne Rohan Lamprecht
	Postal Address:	Same as Physical Address
	Physical Address:	Law Chambers, 155 Bethlehem Drive, Rustenburg, 0299
	Telephone:	(014) 592 9217

	Fax:	(086) 696 0601
	Email address:	info@gmilaw.co.za

B. Particulars of the person requesting access to the record

(a)	The particulars of the person who requests access to the record must be given below.
(b)	The address and fax number in the Republic to which the information is sent must be given.
(c)	Proof of the capacity in which the request is made, if applicable, must be attached.

	Full names and surname:
	Identity number:
	Postal address:
	Fax number:
	Telephone number:
	E-mail address:

Capacity in which request is made, when made on behalf of another person:

______________________________________________________________

C. Particulars of the person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.

	Full names and surname:
	Identity number:

D. Particulars of record

(a)	Provide full particulars of the record to which access is requested, including the reference number if known to you, to enable the record to be located.
(b)	If the provided space is inadequate, please continue on a separate annexure and attach it to this form. The requester must sign all the additional annexures.

1. Description of record or relevant part of the record:

______________________________________________________________

______________________________________________________________

______________________________________________________________

2. Reference number, if available: _______________________________________

3. Any further particulars of record: ______________________________________

E. Fees
Request fee:
Where a Rrequester submits a request for access to information held by a company on someone other than the requester himself/herself, a request fee of R50,00 is payable up-front before the institution will further process the request received.

Access fee:
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54(8).

(a)	A request for access to a record other than a record containing personal information about yourself will be processed only after a request fee has been paid.
(b)	You will be notified of the amount required to be paid as the request fee (currently R50.00).
(c)	The fee for access to a record depends on the form (mode) in which access is required and the reasonable time necessary to search for and prepare a record. You will be notified of the amount needed to be paid as the request fee (currently R 50.00).
(d)	If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees: ___________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

F. Form of access to record

If a disability prevents you from reading, viewing, or listening to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: ______________________________________________________________

Form in which record is required: _____________________________________________

Mark the appropriate box with an X

NOTES:

(a)	Compliance with your request in the specified form may depend on the format in which the record is available.
(b)	Access in the form requested may be refused in certain circumstances. In such instances, you will be informed if access will be granted in another format.
(c)	The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:

copy of record

inspection of record

2. If the record consists of visual images:
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.)

view the images

copy of the images

transcription of the image

3. If the record consists of recorded words or information which can be reproduced in sound:

listen to the soundtrack

transcription of soundtrack

4. If the record is held on a computer or in an electronic or machine-readable form:

a printed copy of record*

a printed copy of information derived from the record*

copy in computer
readable form* (stiffy or
compact disc)

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable in advance upon demand.

YES

G. Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate annexure and attach it to this form. The requester must sign all the additional annexures.

1. Indicate which right is to be exercised or protected: __________________________

______________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

_________________________________________________

H. Notice of decision regarding a request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

____________________________________________________________

Signed at ______________________ this ___ day of _____________ 20 ____

______________________________
SIGNATURE OF REQUESTER or
PERSON ON WHOSE BEHALF REQUEST IS MADE