PAIA Manual
MANUAL PREPARED IN ACORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (“the Act”) FOR FLEMIX AND ASSOCIATES INCORPORATED ATTORNEYS
Background
The Promotion of Access to Information Act 2 of 2000 (“the Act”) came into operation on 23 November 2001. Section 51(1) of this Act requires that Flemix and Associates Incorporated, as a private body, compiles a manual giving information to the public regarding the subjects and categories of records in its possession and the procedure to be followed by any member of the public in requesting information from Flemix and Associates Incorporated for the purpose of exercising or protecting his or her constitutional right of access to any information that is held by another person and that is required for the exercise or protection of rights of the member of the
public.
Introduction
Flemix and Associates Incorporated is a law firm which specialises in debt collecting in South African (“the firm”). The firm, as a private body, has compiled this manual in compliance with the provisions of the Act and also as a means to foster a culture of transparency and accountability and to ensure that members of the public have effective access to information in the firm’s possession which will assist them in the exercise and protection of their rights.
Contact Details: Information required under section 51(1)(a):
Name of Body : Flemix and Associates Incorporated Attorneys,
Postal Address : Postnet Suite 20, Private Bag X19, Menlo Park, Pretoria, 0102,
Physical Address : Law Chambers, Botco Place,61 Kasteel street, Lynnwood Glen, Pretoria, South Africa.
Telephone : +27 861 266 623
Facsimile : +27 12 803 6680
Information Officer : Amanda De Beer-Nel
E-mail Address : attorneys@flemixinc.co.za
Web Site : www.flemixinc.co.za
Description of guide referred to in Section 10: Section 51(1)(b):
A guide on how to use the Act is to be compiled by the Human Rights Commission in terms of Section 10 of the Act by no later than August 2003.
Any queries should be directed to:
The South African Human Rights Commission PAIA Unit, The Research and Documentation Department
Postal Address : Private Bag 2700 Houghton 2041
Physical Address : PAIA Unit: The Research and Documentation Department Boundary Road, Isle of Houghton, Wilds View, Entrance 1 Houghton JOHANNESBURG
Telephone : +27 (11) 484 8300
Facsimile : +27 (11) 484 1360
Website : www.sahrc.org.za
E-mail Address : PAIA@sahrc.org.za
Information required under section 51(1)(c):
Flemix and Associates Incorporated does not produce any publications.
Records available in terms of other legislation: Section 51(1)(d):
Information available in terms of other legislation
Where applicable to its operations, information is also available in terms of certain provisions of the following statutes but is not limited thereto:
Attorneys Act, No 53 of 1979
Basic Conditions of Employment Act 75 of 1997
Close Corporations Act 69 of 1984
Companies Act 61 of 1973
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Credit Agreements Act 75 of 1980
Employment Equity Act 55 of 1998
Financial Intelligence Centre Act 38 of 2001
Debt Collectors Act 114 of 1998
Income Tax Act 58 of 1962
Labour Relations Act 66 of 1995
National Credit Act 34 of 2005
Occupational Health and Safety Act 85 of 1993
Prescription Act 68 of 1969
Skills Development Act, No 97 of 1998
Value-added Tax Act 89 of 1991
Unemployment Insurance Act 63 of 2001
Subjects and categories of records held in terms of Section 51(1)(e):
Flemix and Associates Incorporated hold the following categories of information:
Employment records
Employment contracts
Employment Equity Plan (if applicable)
Disciplinary records
Salary records
SETA records
Disciplinary code
Leave records
Client records
Records provided by clients, including FICA documents
Records provided by a client to a third party acting for or on behalf of Flemix and Associates Incorporated
Records provided by third parties
Records generated by or within Flemix and Associates Incorporated
Fee agreements, quotations and mandates
General records
Financial and accounting records (electronic and hard copies)
Insurance records
Asset register
Client, Supplier and Document Databases
Law Society Records, including Fidelity Fund Certificate
Marketing Records
Internal Correspondence
External Correspondence
Commercial Agreements
Tax compliance documents
All information requested will only be made available subject to the provisions of the Act, in particular Sections 62 to 69 of the Act and subject to Attorney-Client Privilege.
Availability of manual and content of requests
This manual will enable you to view the categories of information in the possession of Flemix and Associates Incorporated and to follow the correct procedure when requiring access to any of the information in the firm’s possession. All requests for access to information should be addressed to the contact person referred to below.
The manual will be available for inspection at the offices of Flemix and Associates Incorporated and at the South African Human Rights Commission and is also available via the website of the firm. Copies can be obtained at the prescribed fee at the offices of Flemix and Associates Incorporated.
Requests for access to records must be made on the request form, the prescribed form C, which is annexed hereto and can also be downloaded from the South African Human Rights Commission .
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.
The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
The requester must provide sufficient detail on the request form to enable Flemix and Associates Incorporated to identify the record and the requester. The requester should also indicate which form of access is required and indicate whether he or she in addition wishes to be informed in any other manner other than in writing of the decision on his or her request and state the necessary particulars to be so informed, in addition to a postal address and/or fax number in the Republic of South Africa.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a third party, the requester must then submit proof of the capacity in which the requester is making the request, to the satisfaction of Flemix and Associates Incorporated.
Kindly note that all requests to Flemix and Associates Incorporated will be evaluated and considered in accordance with the Act. Publication of this manual and the description of the categories and subject matter of the information held by Flemix and Associates Incorporated does not give rise to any rights to access such information or records except in terms of the Act.
At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of the Act.
FORM C
REQUEST 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 private body
The Head:
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
The address and/or fax number in the Republic to which the information is to be sent must be given.
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 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
Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
If the provided space is inadequate, please continue on a separate folio and attach it to this form.
The requester must sign all the additional folios.
Description of record or relevant part of the record:
Reference number, if available:
Any further particulars of record:
E. Fees
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.
You will be notified of the amount required to be paid as the request fee.
The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
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 you are prevented by a disability to read, view or listen 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.
NOTES:
Compliance with your request in the specified form may depend on the form in which the record is available.
Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.
G. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
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:
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