PROMOTION OF ACCESS TO INFORMATION ACT
ACT NO. 2 OF 2000
IN TERMS OF SECTION 51 MANUAL
INTRODUCTION
Farinha Ducie Christofi Attorneys conducts a legal practice. The firm consists of various staff members and provides general legal services which include litigation, commercial, family and estate related matters. Further details of the firm are contained in Annexure “A” attached hereto.
PARTICULARS IN TERMS OF SECTION 51
1. CONTACT DETAILS OF FARINHA DUCIE CHRISTOFI ATTORNEYS:
Mr. Paul Daniel Farinha and Mr. Justin Jefferey Ducie are the partners of the practice and can be contacted at the addresses and telephone numbers set out in Annexure “A” attached hereto.
2. THE GUIDE AS DESCRIBED IN SECTION 10
In terms of Section 10 of the Act, a guide has been compiled by the South African Human Rights Commission containing such information as may be required by a person who wishes to exercise any right contemplated in the Act. The guide has been made available in all official languages by the SAHRC and is obtainable from the SAHRC.
The Human Rights Commission – PAIA Unit | The Research and Documentation Department
Postal Address Private Bag 2700
Houghton, 2041
Telephone +27 11 877 3600
Email info@sahrc.org.za
Website http://www.sahrc.org.za
3. NOTICE(S) IN TERMS OF SECTION 52(2) OF THE ACT
At this stage no notice(s) has/have been published.
4. RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION
Farinha Ducie Christofi Attorneys has available, or has access to, the following information required by the following legislation:
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- Companies Act, Act 61 of 1973
- Companies Act 71 of 2008
- Income Tax Act, Act 58 of 1962
- Value-Added Tax Act, Act 89 of 1991
- Occupational Health and Safety Act, Nr 85 of 1983
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Basic Conditions of Employment Act, Act 75 of 1997
- Employment Equity Act 75 of 1997
- Unemployment Insurance Act, Act 63 of 2001
- Labour Relations Act 66 of 1995.
This list is not necessarily exhaustive.
5. ACCESS TO INFORMATION HELD IN TERMS OF SECTIONS 51 (1)(C) AND 51 (1)(E) OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000:
5.1 INFORMATION THAT MAY BE REQUESTED IN TERMS OF THE ACT
The following information is held by Farinha Ducie Christofi Attorneys and may or may not be disclosed, and as is evident below.
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- Financial Records
- Employee documents
- Client records
CATEGORY
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DESCRIPTION OF INFORMATION
Public Access document
Subject to copyright
Personal information of requester
Member access document
Sub judice, pending court proceedings
Unreasonable disclosure of personal information of individual or group
Likely to harm the commercial interests of a third party
Likely to harm the partner of third parties in negotiations
Would amount to a breach of confidence in contract with a third person
Likely to compromise the safety of individuals or protection of property
Legally privileged documents
Commercial information of holder
Likely to prejudice research and development information of holder or third party
DISCLOSURE
May be disclosed
May be disclosed
Limited disclosure
Limited disclosure
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
May not be disclosed
5.2 THE REQUEST PROCEDURES (SECTION 53 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000):
Form of request
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- The requester must use the prescribed form to make the request for access to a record. This must be made to either one of the partners of Farinha Ducie Christofi Attorneys (“the partners”). This request must be made to the address, fax number or electronic mail address of the body concerned {s53(1)}.
- The requester must provide sufficient detail on the request form to enable either one of the partners to identify the record and the requester. The requester should also indicate which form of access is required. The requester should
also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed {s53(2)(a) and (b) and (c). - 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 {s53 (2))(d)}.
- If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body {s53(2)(f)}
5.3 FEES (SECTION 54 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000)
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- 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.
- Either one of the partners must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request {s54(1)}.
- The fee that the requester must pay to a private body is R50.00. The requester may lodge an application to the court against the tender or payment of the request fee {s54(3)(b)}.
- After one of the partners have made a decision on the request, the requester must be notified in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, and preparation and for any time that has exceeded
the prescribed hours to search and prepare the record for disclosure {s54(6)}.
6. AVAILABILITY OF THE MANUAL
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- This manual is available for inspection at the offices of Farinha Ducie Christofi Attorneys free of charge.
- Copies of the manual may be obtained, subject to the prescribed fees, at the offices of Farinha Ducie Christofi Attorneys.
- The fee structure can be obtained on the SAHRC website (www.sahrc.org.za) or the website of the Department of Justice and Constitutional Development (www.doj.gov.za).
ANNEXURE A
PROMOTION OF ACCESS TO INFORMATION ACT
ACT NO. 2 OF 2000
CATEGORY
Nature of entity:
Registered name of entity:
Partners:
Identity numbers of partners:
Physical Address:
Postal Address:
Telephone Number:
Web Address (If Available)
Nature of business:
DESCRIPTION OF INFORMATION
Partnership
Farinha Ducie Christofi Attorneys
Paul Daniel Farinha, Justin Jeffrey Ducie
Paul Daniel Farinha: 630718 5112 086 | Justin Jeffery Ducie: 820320 5056 080
129 Queen Street, Kensington, 2094
Suite 109, Private Bag X10016, Edenvale, 1609
(011) 615 3609
Attorneys