| Manual in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 (the “Act”) of SCHINDLERS ATTORNEYS, CONVEYANCERS AND NOTARIES | |||
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| 1. | Details | ||
| Head of Schindlers: | Maurice André Crespi | ||
| Postal Address: | P O Box 10909Johannesburg, 2000 | ||
| Physical Address: | Second Floor, 3 Melrose BoulevardMelrose ArchJohannesburg | ||
| Telephone: | +27 11 448 9600 | ||
| Facsimile: | +27 448 9620/10 | ||
| E-mail: | info@schindlers.co.za | ||
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| 2. | The South African Human Rights Commission (“SAHRC”) Guide to the Act | ||
| 2.1. | A guide has been compiled in terms of section 10 of the Act by the SAHRC. It contains information required by a person wishing to exercise any right, contemplated by the Act and is available in all of the official languages. | ||
| 2.2. | The guide is available for inspection, inter alia, at the offices of the SAHRC, which is situtated at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown, Johannesburg and on the SAHRC website – www.sahrc.org.za. | ||
| 2.3. | Queries relating to the guide can be directed to the SAHRC directly, at: | ||
| SAHRC: PAIA Unit | |||
| Postal address: | Private Bag 2700 Houghton, 2041 |
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| Telephone: | +27 11 484 8300 | ||
| Facsimilie: | +27 11 484 0582 | ||
| Website: | www.sahrc.org.za | ||
| E-mail: | PAIA@sahrc.org.za | ||
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| 3. | Records held by Schindlers in terms of other legislation | ||
| Records are kept by Schindlers and may be made available in terms of the following other legislation: | |||
| 3.1. | Administration of Estates Act 66 of 1965. | ||
| 3.2. | Attorneys Act 53 1979. | ||
| 3.3. | Labour Relations Act 66 of 1995. | ||
| 3.4. | Employment Equity Act 55 of 1998. | ||
| 3.5. | Basic Conditions of Employment Act 75 of 1997. | ||
| 3.6. | Compensation for Occupational Injuries and Disease Act 130 of 1993. | ||
| 3.7. | Companies Act 71 of 2008. | ||
| 3.8. | Unemployment Contribution Act 4 of 2002. | ||
| 3.9. | Unemployment Insurance Act 63 of 2001. | ||
| 3.10. | Value Added Tax Act 89 of 1991. | ||
| 3.11. | Income Tax Act 58 of 1962. | ||
| 3.12. | Skills Development Act 9 of 1999. | ||
| 3.13. | Skills Development Levies Act 9 of 1999. | ||
| 3.14. | Road Accidents Fund Act 56 of 1996. | ||
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| 4. | Subjects and Categories of records held by Schindlers as a matter of standard practice | ||
| The following are subjects and categories of records held by Schindlers. Please note, however, that the inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records. | |||
| 4.1. | Constitution of Schindlers | ||
| 4.1.1. | List of partners at Schindlers. | ||
| 4.1.2. | Power of attorney agreements and list of persons authorised to bind Schindlers. | ||
| 4.1.3. | Minutes of meetings of the partners of Schindlers. | ||
| 4.1.4. | Minute books and internal resolutions of Schindlers. | ||
| 4.2. | Financial details of Schindlers | ||
| 4.2.1. | Financial records. | ||
| 4.2.2. | Details of auditors of Schindlers. | ||
| 4.2.3. | Invoices in respect of creditors and debtors. | ||
| 4.2.4. | Tax returns of Schindlers. | ||
| 4.2.5. | Salary information. | ||
| 4.2.6. | Asset register. | ||
| 4.2.7. | Rental agreements. | ||
| 4.2.8. | Banking records (including bank statements and paid cheques) | ||
| 4.3. | Human Resources | ||
| 4.3.1. | Employment contracts. | ||
| 4.3.2. | Training manuals and records (if applicable). | ||
| 4.3.3. | Staff regulations and policies. | ||
| 4.3.4. | Leave records. | ||
| 4.4. | Income Tax records | ||
| 4.4.1. | PAYE records | ||
| 4.4.2. | Documents issued to employees for income tax purposes. | ||
| 4.4.3. | Records of payments made to SARS on behalf of employees. | ||
| 4.4.4. | All other applicable statutory compliances (including, without limitation, VAT and UIF contributions). | ||
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| 5. | Detail on how to make a request for access in terms of the Act | ||
| 5.1. | The requester must comply with all the procedural requirements contained in the Act in order to make a request for access to a record. | ||
| 5.2. | The first step in the process is to complete the prescribed form, made out to the Head of Schindlers at his/her address, fax number or electronic mail address. A copy of the prescribed form is attached hereto marked Annexure “A” (the “prescribed form”). Click here to download Annexure A. | ||
| 5.3. | The prescribed form must: | ||
| 5.3.1. | provide sufficient particulars to enable the Head of Schindlers to identify the record/s requested and to identify the requester; | ||
| 5.3.2. | indicate which form of access is required; | ||
| 5.3.3. | specify a postal address or fax number of the requester in the Republic; | ||
| 5.3.4. | identify the right that the requester 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; | ||
| 5.3.5. | if in addition to a written reply the requester wishes to be informed of the decision on the request in any other manner, state that manner and the necessary particulars to be informed in the other manner. | ||
| 5.4. | If the 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 reasonable satisfaction of the Head of Schindlers. | ||
| 5.5. | If the record that is requested exists and allowing access to it does not affect a third party, the request will be processed within 30 (Thirty) days. | ||
| 5.6. | The Head of Schindlers will notify the requester by notice (unless the request is made in person) to pay the relevant fee before further processing the request, and provide the requester with such other information as is applicable. | ||
| 5.7. | 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. | ||
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| 6. | Prescribed fees | ||
| Adequate information relating to fees for requests are available on the Department of Justice and Constitutional Development’s website – www.doj.gov.za. | |||
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| Annexure A | |||
