Request for Access to Record of Private Body

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO.2 OF 2000

1. Introduction
2. Scope of Manual
3. Company Overview
4. Part I - Contact Details
5. Part II - Guide in terms of section 10 of the Act
6. Part III - Information freely available
7. Part IV - Information kept in accordance with other legislation
8. Part V - Information held by Cliffe Dekker in terms of the Act
9. Part VI - Other information
10. Part VII - Availability of the Manual
11. Part VIII - Forms and fee structure

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INTRODUCTION

The aim of the Manual is to assist potential requesters in requesting access to information (documents or records) from Cliffe Dekker Hofmeyr as contemplated under the Act.

The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.

A requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.

The following words or expressions will bear the following meanings in this Manual:

"the Act" means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;

"Cliffe Dekker Hofmeyr" means Cliffe Dekker Hofmeyr Incorporated, structured as an incorporated professional partnership which renders legal services including legal advice and legal representation to individual clients, businesses and organisations;

"Information Officer" means the head of the body or any of the designated information officers described in this Manual;

"Manual" means this Manual, together with all annexures thereto as amended and made available at the offices of Cliffe Dekker Hofmeyr from time to time;

"SAHRC" means the South African Human Rights Commission.

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SCOPE OF MANUAL

This manual has been prepared in respect of the following Cliffe Dekker Hofmeyr associated RSA registered companies:-

Cliffe Dekker Hofmeyr Incorporated
Registration number 2008/018923/21

Cliffe Dekker Hofmeyr Trustees (Proprietary) Limited
Registration number 2001/013133/07

Cliffe Dekker Hofmeyr Tax (Proprietary) Limited
Registration number 2005/010304/07

Praetor Management Services (Proprietary) Limited
Registration number 1997/002011/07

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COMPANY OVERVIEW

Cliffe Dekker Hofmeyr is one of the largest corporate law firms in South Africa with some 128 directors, 300 lawyers and more than 650 staff in total. We are a national firm with regional practices in South Africa's main commercial centres, Johannesburg (Sandton) and Cape Town.

Through our exclusive alliance with DLA Piper, one of the largest legal services organisations in the world, we are able to meet the needs of our clients wherever in the world they choose to do business.

We offer a full complement of corporate and commercial legal services in ten core Practice Areas: Corporate and Commercial; Competition: Dispute Resolution; Employment; Environmental; Finance, Projects and Banking; Tax; Technology, Media, Telecommunications; Real Estate; and Trusts and Estates.

Our clients include local, national and international companies across a broad range of sectors, ranging from emerging businesses to multinationals, as well as public sector organisations.

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PART I
(Information required under section 51(1)(a) of the Act)

Name of Body:

Cliffe Dekker Hofmeyr Inc

Physical and Postal Address:

Johannesburg

4th Floor 1 Protea Place Sandown Sandton 2196 South Africa Private Bag X7 Benmore 2010 South Africa

6 Sandown Valley Crescent Sandown Sandton 2196 South Africa Private Bag X40 Benmore 2010 South Africa

Cape Town

11 Buitengracht Street Cape Town 8001 South Africa PO Box 695 Cape Town 8000 South Africa

21st Floor 2 Long Street Cape Town 8001 South Africa PO Box 1221 Cape Town 8000 South Africa

Claremont

5th floor Protea Place Protea Road Claremont 7700 PO Box 23110 Claremont 7735 South Africa

Head of Body:

Name: Dines Gihwala, Chairman T +27 (0)21 405 6087 F +27 (0)21 405 6073

Designated Information Officer: (Johannesburg, Cape Town and Claremont)

Name: Michael Whitaker,Chief Operating Officer T +27 (0)11 290 7087 F +27 (0)11 290 7387

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PART II
(Information required under section 51(1)(b) of the Act)

A guide on how to use the Act is to be compiled by the SAHRC in terms of Section 10 of the Act by no later than August 2003. Any queries should be directed to:

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

Postal Address: Private Bag 2700 Houghton 2041 South Africa
T +27 (0)11 484 8300
F +27 (0)11 484 0582
E PAIA@sahrc.org.za
W www.sahrc.org.za

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PART III
(Copy of notice, if any, required under section 51(1)(c) of the Act)

No notice has been published in terms of section 52. However, certain information is freely available at Cliffe Dekker Hofmeyr's offices and consists of recent editions of Cliffe Dekker Hofmeyr's "Matters" newsletter, other special publications and brochures and Cliffe Dekker Hofmeyr's annual report.

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PART IV
(Information required under section 51(1)(d) of the Act)

Records are kept in accordance with such other legislation as is applicable to Cliffe Dekker Hofmeyr, which includes but is not limited to, the following legislation:

• Currency and Exchanges Act 9 of 1933

• Insolvency Act 24 of 1936 (Sections 134 and 155)

• Pension Funds Act 24 of 1956

• Income Tax Act 58 of 1962 (Section 75)

• Administration of Estates Act 66 of 1965

• Stamp Duties Act 77 of 1968

• Companies Act 61 of 1973

• National Building Regulations and Building Standards Act 103 of 1977

• Copyright Act 61 of 1978

• Attorneys Act 53 of 1979

• Credit Agreements Act 75 of 1980

• Stock Exchanges Control Act 01 of 1985

• Regional Services Councils Act 109 of 1985

• Trust Property Control Act 57 of 1988

• Value Added Tax Act 89 of 1991

• Interception and Monitoring Prohibition Act 127 of 1992

• Occupational Health and Safety Act 85 of 1993

• Compensation for Occupational Injuries and Diseases Act 130 of 1993

• Trade Marks Act 194 of 1993

• Labour Relations Act 66 of 1995

• Tax on Retirement Funds Act 38 of 1996

• Basic Conditions of Employment Act 75 of 1997

• Employment Equity Act 55 of 1998

• Competition Act 89 of 1998

• Skills Development Act 97 of 1998

• Debt Collectors Act 114 of 1998

• Prevention of Organised Crime Act 121 of 1998

• Medical Schemes Act 131 of 1998

• Skills Development Levies Act 9 of 1999

• Financial Intelligence Centre Act 38 of 2001

• Unemployment Insurance Act 63 of 2001

• Unemployment Insurance Contributions Act 4 of 2002

• Electronic Communications and Transactions Act 25 of 2002

Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.

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PART V
(Information required under section 51(1)(e) of the Act)

Other operational records as may be required for the day to day running of Cliffe Dekker Hofmeyr Inc. For instance:

• Internal phone lists;

• Address lists;

• Company policies;

• Directives;

• Minutes of meetings and general housekeeping information.

A: Records that may be Requested

i. Operational Information

Such information as relates to the operational, commercial and financial interests of Cliffe Dekker Hofmeyr, including but not limited to:

• Commercial contracts

• Client data base (consisting of personal client details; commercial and financial information; information on contemplated, existing and past legal matters; information relating to agreements, proposals and intellectual and other property rights of clients)

• Company secretarial information

• Employment contracts

• Employment equity report

• Skills development report

• Human resource information (including internal policies and procedures; Cliffe Dekker Hofmeyr employee records; and personal information relating to past, present and prospective employees and directors)

• Insurance policies

• Rules and regulations relating to the pension fund and/ or provident fund

• Information relating to Cliffe Dekker Hofmeyr's marketing, business plans, systems and procedures

• Internal phone lists

• Address lists

• Requisitions, permits, licences, authorisations, approvals, applications, consents required for the day to day running of Cliffe Dekker Hofmeyr

• Records relating to information technology (hardware, software and data collection and storage)

• Rules and regulations relating to the medical aid

ii. Communications

Correspondence between persons within and without Cliffe Dekker Hofmeyr not covered by the records described in (i) above.

iii. Website

Cliffe Dekker Hofmeyr's website address is www.cliffedekker-hofmeyr.com and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors' résumés; and contact details.

iv. Other Sources of Information

Cliffe Dekker Hofmeyr maintains a library containing books, periodicals and other publications of a legal and/ or commercial nature.

B: The Request Procedures

It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.

i. 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 Information Officer. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic. The requester should also indicate if, in addition to a written reply, 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) and (e)].

• The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].

• If a 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 satisfaction of the head of the private body [s 53(2)(f)].

i. 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:

• The Information Officer must by notice require the requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing the request [s 54(1)].

• 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)].

• After the Information Officer has 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 reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

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PART VI
(Other information as may be prescribed under section 51(1)(f))

The Minister of Justice and Constitutional Development has to date not made any regulations in this regard.

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PART VII
(Availability of Manual under section 51(3))

• This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Cliffe Dekker Hofmeyr. Copies of the Manual may be made, subject to the prescribed fees.

• Copies may also be requested from the South African Human Rights Commission and the Government Gazette.

• The Manual is also posted on Cliffe Dekker Hofmeyr's website referred to above.

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PART VIII
(Prescribed forms and fee structure in respect of private bodies)

The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the 'regulations' section as well as the SAHRC website (www.sahrc.org.za).