Ashersons Attorneys is a boutique practice catering for an exclusive range of both corporate and high nett worth individual clients throughout South Africa, Africa, Europe, America and Australia. Ashersons’ attorneys and staff pride themselves on delivering a comprehensive, personal and tailor made service to its clients.

PARTICULARS IN TERMS OF THE SECTION 51

1.

CONTACT DETAILS [Section 51(1) (a)]

P O Box 2219
Cape Town
8000

Docex 67
Cape Town

Ashersons Chambers
34 Plein Street
Cape Town
8001

Tel: (021) 461 6240
Fax: (021) 462 2536
E-mail: info@ashersons.co.za
Website: www.ashersons.co.za

VAT Registration Number: 47901 02216

Contact: Mr. Raphael Weiner

2.

THE SECTION 10 GUIDE ON HOW TO USE THE ACT [Section 51(1) (b)]

The Guide will be available from the South African Human Rights Commission by not later than August 2004. Please direct any queries to:

The South African Human Rights Commission: 
PAIA Unit
The Research and Documentation Department

Postal address: Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-7146
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

3.
RECORDS AVAILABLE AT ASHERSONS ATTORNEYS IN TERMS OF ANY OTHER LEGISLATION [Section 51(1) (d)]
3.1   Administration of Estates Act, No 66 of 1965.
3.2   Basic Conditions of Employment Act, No. 75 of 1977.
3.3   Employment Equity Act, No. 55 of 1998.
3.4   Income Tax Act, No. 95 of 1967.
3.5   Labour Relations Act, No. 66 of 1995.
3.6   Value Added Tax Act No. 89 of 1991.
3.7   Attorneys Act No. 53 of 1979.
4.
ACCESS TO THE RECORDS HELD BY ASHERSONS ATTORNEYS [Sections 51(1) (c) and 51(1) (e)]
4.1

Records available without a person having to request access in terms of the Act:

We have pamphlets and promotional materials setting out particulars about our firm.

4.2
Records that may be requested:
4.2.1
Administration
• Minutes of management meetings.
• Correspondence.
4.2.2
Human Resources
• Staff recruitment policies.
• Remuneration records and policies.
4.2.3
Operations / Practice
• Client information (please note that this information is privileged and we are unable to disclose it, unless ordered by a court of law).
4.2.4
Finances
• Financial Statements.
• Assets inventory.
4.3

Form of request:

The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

4.3.1
The requester must provide sufficient detail on the request form to enable the head of the private body 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 [s 53(2)(a) and (b) and (c)].
4.3.2
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 [s 53(2) (d)].
4.3.3
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 [s 53(2) (f)].
4.2.4
Finances
• Financial Statements.
• Assets inventory.
4.4

Fees:

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 and:

4.4.1
The head of the private body 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 [s 54(1)].
4.4.2
The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3) (b)].
4.4.3
After the head of the private body has made a decision on the request, the requester must be notified in the required form.
4.4.4
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
5.

OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1) (f)]
The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6.

AVAILABILITY OF THE MANUAL [Section 51(3)]
This manual is available for inspection at our offices free of charge and a copy is available with the South African Human Rights Commission, in the Government Gazette and also on our website.