Madeleen Willers Attorneys

Attorneys, Conveyancers & Notaries

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OFFICE
+27 (0) 13 231-8497
+27 (0) 13 231-8479 fax
Tambotie Complex
Industry Way
PO Box 555
Burgersfort
1150
Docex 1

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PAIA MANUAL 
PRIVACY 

Promotion of Access to Information


(Required in Terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000)

CONTENTS
1 Section 51 Manual for Private Bodies 3
2 Section 51 (1)(a) 3
3 Section 51(1)(b) - The section 10 Guide on how to use the Act 4
4 Section 51(1)(d) - Information is available in terms of the following legislation, if and where applicable: 5
4.1 General Legislation: 5
4.2 Specific Legislation: 5
5 Sections 51(1)(c) and 51(1)(e) - Access to the records held 7
5.1 Exemption to Access to the records held [Sections 64-67, et al.] 7
5.2 The Request Procedures. 8
6 Section 51(1)(f) - Other information as may be prescribed. 9
7 Section 51(3) - Availability of the material. 9
8 Signing and Declaration 9
Annexure A – Request Form for Access to a Record of a Private Body 10
Annexure B – Fees Schedule 13

1 Section 51 Manual for Private Bodies
THIS MANUAL HAS BEEN PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 / 2000

2 Section 51 (1)(a)
Name of Business: Madeleen Willers Attorneys (Partnership)
Contact Person: Madeleen Willers / J.B. Willers
Physical Address: Tambotie Complex
Industry Way
Burgersfort
1150
Postal Address: P.O. Box 555
Burgersfort
1150
Telephone: +27 (0)13 231 8497
Fax: +27 (0)13 231 8479
Website: http://www.mwillers.co.za
Email: mwillers@mweb.co.za

3 Section 51(1)(b) - The section 10 Guide on how to use the Act
The Guide is available from the South African Human Rights Commission. Please direct queries to :
Postal Address: The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: + 27 (0)11 484-8300
Fax: + 27 (0)11 484-0582
Website: www.sahrc.org.za
Email: PAIA@sahrc.org.za

4 Section 51(1)(d) - Information is available in terms of the following legislation, if and where applicable:
4.1 General Legislation:
§ Basic Conditions of Employment Act No. 75 of 1997
§ Closed Corporation Act No. 69 of 1984*
§ Companies Act No. 61 of 1973*
§ Companies Act 71 of 2008
§ Compensation of Occupational Injuries and Diseases Act No. 130 of 193
§ Customs and Excise Act No. 91 of 1964
§ Electronic Communications and Transactions Act No. 25 of 2002
§ Employment Equity Act No. 55 of 1998
§ Income Tax Act No. 58 of 1962
§ Insolvency Act No. 24 of 1936
§ Labour Relations Act No. 66 of 1995
§ Occupational Health and Safety Act No. 85 of 1993
§ Patents Act No. 57 of 1978
§ Promotion of Access to Information Act No. 2 of 2000
§ Skills development Levies Act No. 9 of 1999
§ Trademarks Act No. 194.of 1993
§ Unemployment Insurance Act No. 30 of 1966
§ Value – Added Tax Act No. 89 of 1991

4.2 Specific Legislation:
§ ADMINISTRATION OF ESTATES ACT 66 OF 1965
§ APPORTIONMENT OF DAMAGES ACT 34 OF 1956
§ ATTORNEYS ACT 53 OF 1979
§ ATTORNEYS' ADMISSION AMENDMENT AND LEGAL PRACTITIONERS' FIDELITY FUND ACT 19 OF 1941
§ BILLS OF EXCHANGE ACT 34 OF 1964
§ COLLECTIVE INVESTMENT SCHEMES CONTROL ACT 45 OF 2002
§ CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996
§ DEEDS REGISTRIES ACT 47 OF 1937
§ ESTATE DUTY ACT 45 OF 1955
§ Financial Intelligence Centre Act No.38 of 2001
§ Firearms Control Act No.60 of 2000
§ HIGH COURT RULES OF COURT
§ INSOLVENCY ACT 24 OF 1936
§ JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT 16 OF 1963
§ MEDIATION IN CERTAIN DIVORCE MATTERS ACT 24 OF 1987
§ NATIONAL CREDIT ACT 34 OF 2005
§ PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000
§ ROAD ACCIDENT FUND ACT 56 OF 1996
§ RULES OF THE SUPREME COURT OF APPEAL
§ RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE MAGISTRATES' COURTS OF SOUTH AFRICA
§ SHERIFFS ACT 90 OF 1986
§ SUPREME COURT ACT 59 OF 1959
§ TRUST PROPERTY CONTROL ACT 57 OF 1988
§ WILLS ACT 7 OF 1953

5 Sections 51(1)(c) and 51(1)(e) - Access to the records held
Records which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]

This information can be defined as operational information needed in the day to day running of the company and is generally of little to no use to persons outside the company e.g. Requisitions, internal phone lists, company policies, contracts, employee records and general accounting records.

5.1 Exemption to Access to the records held [Sections 64-67, et al.]
Certain information held by Attorney Firms is considered privileged information and protected as such by law. The Promotion of Access to Information Act also provides protection in the form of the following section (amongst others):

Section 64 Mandatory protection of commercial information of third party
(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if the record contains—
(a) trade secrets of a third party;
(b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or
(c) information supplied in confidence by a third party, the disclosure of which could reasonably be expected—
(i) to put that third party at a disadvantage in contractual or other negotiations; or
(ii) to prejudice that third party in commercial competition.

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about—
(a) a third party who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;
(b) the results of any product or environmental testing or other investigation supplied by, carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.

(3) For the purposes of subsection (2)(b), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.

Section 65 Mandatory protection of certain confidential information of third party
The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.

Section 66 Mandatory protection of safety of individuals, and protection of property
The head of a private body—
(a) must refuse a request For access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual; or
(b) may refuse a request for access to a record of the body if its disclosure would be likely to prejudice or impair—
(i) the security of— -
(aa) a building, structure or system, including, but not limited to, a computer or communication system;
(bb) a means of transport; or
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of—
(aa) an individual in accordance with a witness protection scheme;
(bb) the safety of the public, or any part of the public; or
(cc) the security of property contemplated in subparagraph (i)(aa), (bb) or (cc).

Section 67 Mandatory protection of records privileged from production in legal proceedings
The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.

5.2 The Request Procedures
(Prescribed form and fee structure in respect of private bodies)
See Annexure A (Referring to Annexure C of the PAIA) to this Document
See Annexure B (Referring to Annexure C of the PAIA) to this Document
The forms and fee structure prescribed under the Act are also available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “regulations” section.

6 Section 51(1)(f) - Other information as may be prescribed.
The Ministry of Justice and Constitutional Development has not made any regulations in this regard.

7 Section 51(3) - Availability of the material.
The manual is available at our offices free of charge; and copies are available with the SAHRC, and on our website as