Dionne Lamprecht Incorporated

Reg. No.: 2008 / 026518 / 21

 

 

PAIA Manual

 

prepared in accordance with Section 51 of

The Promotion of Access to Information Act, No 2 of 2000

 

(“the Act”)

 

 

 

 

INDEX

 

1. Introduction

 

2. Purpose of the Manual

 

3. Definitions

 

4. Contact Information

 

5. Guide on the Act

 

6. Applicable Legislation

 

7. Schedule of Records

 

8. Access to records

 

9. Prescribed Fees

 

10. Availability of the Manual

 

11. Divisions of the Dionne Lamprecht Incorporated

 

12. Remedies available to a requester upon refusal of access

 

13. Request Procedure

 

14. Annexure 1

 

 

 

 

 

 

1. Introduction

 

1.1 The aim of the Promotion of Access to Information Act, No 2 of 2000 is to give effect to the constitutional right of access to any information that is held by another person, which is required for the exercise or protection of any rights, as well as to provide for matters connected therewith.

 

1.2 This manual is to assist potential Requesters as to the procedure to be followed when requesting access to information from Dionne Lamprecht Incorporated in terms of the Act.

 

1.3 Dionne Lamprecht Incorporated is a personal liability company, duly registered as contemplated in the Companies Act, No 71 of 2008, that conducts the business of a law firm which mainly specialises in Insolvency Law, related litigation and debt solutions rendered over the internet, as well as Family Law.

 

1.4 This manual may be amended from time to time and any new versions of the manual will be made public.

 

 

 

2. Purpose of the Manual

 

2.1 This manual forms an integral part of Dionne Lamprecht Incorporated’s commitment to fostering a culture of transparency and accountability within the company as a whole, by giving effect to the right to access information that is required for the exercise or protection of any right; and to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect their rights.

 

2.2 In order to promote the effective governance of all private institutions, Dionne Lamprecht Incorporated recognises the fundamental requirement that all the people of South Africa be empowered and educated to understand their rights in terms of this Act in order for them to exercise their rights in relation to all institutions, whether those institutions are of a private or public nature.

 

2.3 In terms of Chapter 2, Section 36 of the Constitution of South Africa (Act 108 of 1996), subsection 1 of the Act recognises that such right to access information cannot be unlimited and should be subject to justifiable limitations.

 

 

 

3. Definitions

 

3.1the Client” refers to any natural or juristic entity that receives services from Dionne Lamprecht Incorporated;

 

3.2the Company” refers to the Dionne Lamprecht Incorporated;

 

3.3the Customer” has a similar meaning as Client, as listed above;

 

3.4 “Dionne Lamprecht Incorporated” refers to all and or any of the divisions that forms part of the Company.

 

3.5 “Employees” refer to any person who works for, or provides services to or on behalf of Dionne Lamprecht Incorporated, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of the Company, who has a written contract of employment with Dionne Lamprecht Incorporated.

 

3.6the Information Officer” means a person acting on behalf of Dionne Lamprecht Incorporated, who is responsible for discharging the duties and responsibilities assigned to the “head” of Dionne Lamprecht Incorporated, as prescribed in terms of this Act, and may include a Deputy Information Officer.

 

3.7 “Other Requester” means any Requester other than a Personal Requester.

 

3.8 “Personal Requester” means a Requester who is seeking to access a record containing personal information about that specific Requester.

 

3.9 “Requester” means any person making a request for access to a record that is under the control of Dionne Lamprecht Incorporated.

 

3.10 “Third Party” means any natural or juristic person other than the Requester or such party acting on behalf of the Requester, or Dionne Lamprecht Incorporated itself.

 

 

 

4. Contact Information

 

4.1 Chief Executive Officer: Dionne Francois Lamprecht

 

4.2 Information Officer: Dionne Rohan Lamprecht

 

4.3 Deputy Information Officer: Chantelle Cheries Botha

 

4.5 Postal Address: P.O. Box 1998, Rustenburg, 0300

 

4.6 Physical Address: 155 Bethlehem Drive, Rustenburg, 0299

 

4.7 Telephone: +27 (014) 592 9217

 

4.8 Fax: +27 (086) 696 0601

 

4.9 E-mail Address: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

5. Guide on the Act

 

5.1 The Act grants a Requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

 

5.2 Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

 

5.3 Requesters are referred to the Guide in terms of Section 10 of the Act, which has been compiled by the South African Human Rights Commission, which contains information for the purposes of exercising Constitutional Rights. The Guide is available from the Human Rights Commission at any of the following offices, or on their website: www.sahrc.org.za

 

The contact details of the Commission are:

 

Johannesburg: Private Bag 2700, Houghton, 2041

Tel: 011 484 8300 Fax: 011 484 1360

 

Bloemfontein: P.O. Box 4245, Bloemfontein, 9300

Tel: (051) 447 1130 Fax: (051) 447 1128

 

Port Elizabeth: P.O. Box 1854, Port Elizabeth, 6001

Tel: (041) 582 2611 Fax: (041) 582 2204

 

Polokwane: P.O. Box 55796, Polokwane, 0700

Tel: (015) 291 3500 Fax: (015) 291 3505

 

Durban: P.O. Box 1456, Durban, 4000

Tel/Fax: (031) 304 7323/4/5

 

Cape Town: P.O. Box 3563, Cape Town, 8000

Tel: (021) 426 2277 Fax: (021) 426 2875

 

 

6. Applicable Legislation

No  Act Applicable  Name of Act
 6.1 No 95 of 1967 Income Tax Act
 6.2 No 98 of 1978 Copyright Act
 6.3 No 53 of 1979 Attorneys Act
 6.4 No 89 of 1991 Value Added Tax Act
 6.5 No 85 of 1993 Occupational Health and Safety Act
 6.6 No 66 of 1995 Labour Relations Act
 6.7 No 30 of 1996 Unemployment Insurance Act
 6.8 No 108 of 1996 The Constitution of the Republic of South Africa
 6.9 No 75 of 1997 Basic Conditions of Employment Act
 6.10 No 55 of 1998 Employment Equity Act
 6.11 No 97 of 1998 Skills Development Act
 6.12 No 2 of 2000 Promotion of Access of Information Act
 6.13 No 38 of 2001 Financial Intelligence Centre Act
 6.14 No 25 of 2002 Electronic Communications and Transactions Act
 6.15 No 37 of 2002 Financial Advisory and Intermediary Service Act
 6.16      No 71 of 2008 Companies Act

 

 

7. Schedule of Records

 

Company Record Classification Key

 

Classification

Access

Classification

A

May be disclosed

Public Access Document

B

May be disclosed

Subject to Copyright

C

Limited disclosure

Personal information pertaining to the Requester

D

May not be disclosed

Unreasonable disclosure of personal information

E

May not be disclosed

Request after commencement of criminal proceedings

F

May not be disclosed

Would breach duty of confidence owed to a third party

G

May not be disclosed

Could harm the commercial or financial interests of a third party

H

May not be disclosed

Could harm the Company or a third party in contract, or other negotiations

I

May not be disclosed

Could compromise the safety of individuals or protection of property

J

May not be disclosed

Legally privileged document

K

May not be disclosed

Commercial information of Company Records

 

Company Records

 

Area

Subject

Classification

Public Records

Public Corporate Records (CIPC)

A

 

Company Records defined by Companies Act, 2008

A

Communication

Public Product Information

B

 

Media Releases

B

 

Promotion of Access to Information Act Manual

B

Websites

Company and divisional profiles

B

 

News and Publications

B

 

Company Structure

B

Marketing Records

Market Information

H, K

 

Marketing Strategies

H, K

 

Marketing Statistics

H, K

 

Performance Records

H, K

Human Resources

Staff Records

C, D, H, I

 

Employment Contracts

C, D, H, I

 

Policies and Procedures

C, K

 

Information Pertaining to Staff Benefits

C, D, H

Financial Records

Financial Statements

K

 

Financial and Tax Records (Company & Employees)

K

 

Management Accounts

K

 

Asset Register

K

 

Trade Marks

B

Legal Records

Statutory Records (including Income Tax)

K

 

Records kept in Terms of GAAP

K

 

Agreements and Contracts

F, G, H, I, K

 

Policy Records

C, K

Operational Records

Minutes of Meetings

C, K

 

Voice recording/other electronic recording of meetings

C, K

 

Policy Documents

B

 

Services Sales Records

C, K

 

Client Records & Database

I, K

 

Security Records

I

 

Internal Communication Records

C, K

 

Supplier Records

F, G, H, K

 

 

 

8. Access to records

 

To facilitate the processing of a request, the Requester must:-

 

8.1 Use the prescribed form attached to this manual as Annexure 1, or on the Dionne Lamprecht Incorporated website: www.dlinc.co.za

 

8.2 Address the request to the Information Officer listed above in paragraph 4.2 and fax or e-mail the request form, duly completed, as provided for in this manual;

 

8.3 Provide sufficient particulars to enable the Information Officer of the Company to identify the record/s requested;

 

8.4 The Requester must indicate:

 

     a) In which form (medium/method) access is required;

 

     b) Specify a postal address or fax number of the Requester in the Republic;

 

8.5 Identify the right the Requester is seeking to exercise or protect and provide an explanation of why the requested record is required;

 

8.6 If the Requester, in addition to a written reply, wishes to be informed of the decision on the request in any other manner, state that manner and the necessary particulars thereof;

 

8.7 If the request is made on behalf of another person, submit proof of the capacity in which the Requester is making the request, to the reasonable satisfaction of the Company.

 

 

 

9. Prescribed Fees

 

9.1 On request of access to information, the Information Officer, or duly authorised person, will by notice require the Requester, other than a Personal Requester, to pay the prescribed fee as set out below in paragraph 9.5, before the request is processed.

 

9.2 If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the authorised person shall notify the Requester of the deposit payable as the prescribed portion of the access fee.

 

9.3 A Requester, whose request for access has been granted, must pay an access fee for reproduction, and for search and preparation, and for any time reasonably required in excess of the prescribed hours, to search for and prepare the record for disclosure, including making arrangement to make it available in the request form.

 

9.4 If a deposit has been paid in respect of a request for access, which is refused, the deposit will be repaid to the Requester.

 

9.5 Prescribed Fees

 

If you require access to records of your personal information, you do not have to pay a request fee. The following is a breakdown of the fee structure for the purposes of determining the fees relating to a request for access to a record of a private body, as per Part III of Regulation 187 published in the Government Gazette on the 15 February 2002:

 

9.5.1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

 

9.5.2 The fees for reproduction referred to in regulation 11(1) are as follows:

R

(a)

 

For every photocopy of an A4-size page or part thereof

1.10

(b)

 

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form

 

0.75

(c)

 

For a copy in a computer-readable form on -

 

 

(i)

stiffy disc

7.50

 

(ii)

compact disc

70.00

(d)

(i)

For a transcription of visual images, for an A4-size page or part thereof

40.00

 

(ii)

For a copy of visual images

60.00

(e)

(i)

For a transcription of an audio record, for an A4-size page or part thereof

 

20.00

 

(ii)

For a copy of an audio record

30.00

 

9.5.3 The request fee payable by a Requester, other than a Personal Requester, as

referred to in Regulation 11(2) is R50.00

 

9.5.4 The access fees payable by a Requester referred to in Regulation 11(3) are as

follows:

R

(1)

(a)

 

For every photocopy of an A4-size page or part thereof

1.10

 

(b)

 

For every printed copy of an A4-size page or part thereof held on a

computer or in electronic or machine-readable form

 

0.75

 

(c)

 

For a copy in a computer-readable form on -

 

 

 

(i)

stiffy disc

7.50

 

 

(ii)

compact disc

70.00

 

(d)

(i)

For a transcription of visual images, for an A4-size page or part thereof

 

40.00

 

 

(ii)

For a copy of visual images

60.00

 

(e)

(i)

For a transcription of an audio record, for anA4-size page or part thereof

 

20.00

 

 

(ii)

For a copy of an audio record

30.00

 

(f)

 

To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

 

 

(2) For purposes of section 54(2) of the Act, the following applies:

 

(a)

 

Six hours as the hours to be exceeded before a deposit is payable;

 

 

 

 

and

 

 

(b)

 

One third of the access fee is payable as a deposit by the Requester.

 

 

 

 

 

 

 

(3) The actual postage is payable when a copy of a record must be posted to a requester.

 

*All fees exclude VAT

 

 

 

10. Availability of the Manual

 

10.1 This manual is available for inspection at the offices of Dionne Lamprecht Incorporated free of charge;

 

10.2 Copies of the manual may be obtained by request, on payment of the prescribed fees, from Dionne Lamprecht Incorporated;

 

10.3 The manual can also be accessed on:

 

      (i) the Dionne Lamprecht Incorporated website at www.dlinc.co.za; and

 

      (ii) the South African Human Rights Commission website at www.sahrc.org.za;

 

 

 

11. Divisions of the Dionne Lamprecht Incorporated

 

11.1 Administrative Division (CEO & Board)

 

11.2 Accounting Division and Finance Division;

 

11.3 Insolvency Law Division;

 

11.4 Litigation & Divorce Division;

 

11.5 General Division.

 

 

 

12. Remedies available to a requester upon refusal of access

 

12.1 Internal remedies:

 

Dionne Lamprecht Incorporated does not have any internal appeal procedures that may be followed after a request for access information has been refused. As such, the decision made by the Information Officer is final, and Requesters will have to exercise the external remedies at their disposal, if the Requester is not satisfied with the answer supplied by the Information Officer when the request for information is refused.

 

12.2 External remedies:

 

a) A Requester that is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a competent court for relief.

 

b) Likewise, a Third Party that is dissatisfied with the Information Officer’s decision not to grant a request for information, may within 30 days of notification of the decision, apply to a competent court for relief.

 

c) For purposes of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court with similar status.

 

 

 

13. Request Procedure

 

13.1 The Requester must comply with all the procedural requirements contained in the Act, relating to the request for access to a record.

 

13.2 The Requester must complete the prescribed form enclosed hereunder as ANNEXURE 1 and submit same as well as payment of a request fee (if applicable) and a deposit, where a request is made for access to information relating to a Third Party, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated above in paragraph 4.2.

 

13.2 The prescribed form must be completed with at least enough particularity to enable the Information Officer to identify the following:

 

a) The record or records required by the Requester;

 

b) The identity of the Requester and such person acting on behalf of the Requester where applicable;

 

c) What form of access is required, if the request is granted;

 

d) The telephone number, postal address or fax number of the Requester (within the Republic of South Africa).

 

 

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