PROMOTION OF ACCESS TO

INFORMATION ACT MANUAL

  1. INTERPRETATION TO THIS MANUAL
  2. INTRODUCTION
  3. CONTACT DETAILS IN TERMS OF SECTION 51 (1) (a)
  4. SECTION 10 GUIDE TO THE ACT IN TERMS OF SECTION 51 (1) (b)
  5. SECTION 51(1)(c) NOTICE(S) IN TERMS OF SECTION 52 (2)
  6. RECORDS OF THE FIRM WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY
  7. OTHER LEGISLATION IN TERMS OF SECTION 51(1)(d)
  8. SECTION 51(1)(e) REQUEST PROCEDURE FOR ACCESS TO RECORDS OF THE
  9. FIRM
  10. FEE SCHEDULE IN TERMS OF SECTION 54
  11. OTHER INFORMATION AS MAY BE PRESCRIBED IN TERMS OF THE ACT
  12. ANNEXURES
  1. INTERPRETATION TO THIS MANUAL

Motalane Inc.is defined as a private body in terms of the Act.

In this manual, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate words and expressions shall bear corresponding meanings:

Chairman The head of the Firm and the Information Officer for the purposes of the Act;

Constitution Act 108 of 1996;

Requester Any person or entity requesting access to a record held by

Motalane Inc.;

SAHRC the South African Human Rights Commission;

Section 10 Guide the guide compiled by the South African Human Right

Commission in terms of section 10 of the Promotion of Access

to Information Act No 2 of 2000;

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

amended and its accompanying regulations;

The Firm Motalane Inc.Attorneys;

Reference to any information in this manual in addition to that specifically required in terms of

Section 51 of the Act does not create any right or entitlement to receive such information,

other than in terms of the Act.

  1. INTRODUCTION

Motalane Inc.is an internationally recognised and leading African law firm that specialises in providing intellectual property, corporate and commercial services. With primary office locations in South Africa and branches and associate offices in a number of African countries, our firm’s leadership position as the largest intellectual property law practice in Africa, and one of South Africa’s foremost corporate, property and commercial law firms is reflected in the ground-breaking work we do and the valuable client relationships we have with many of the world’s largest corporations and organisations, as well as small to medium-sized companies.

Our Intellectual Property law practices work with clients around the globe and across many industries to protect, enforce and commercialise their intellectual property. The group offers clients a full range of legal services relating to the acquisition, enforcement and commercialisation of intellectual property rights. These services include counsel and handling of transactions in cases involving patents, copyrights, trade marks, designs, licensing, and data security. The partners and associates in our Intellectual Property Group also litigate these issues in courts across Africa. Motalane Inc.is the largest IP firm in Africa and is ranked among the leading firms in Intellectual Property in the world.

Likewise, the Motalane Inc.general commercial legal services practices boast competent and powerful teams that are purposed to represent clients in expertise areas such as commercial and contract law, commercial litigation, property services, public procurement, banking and finance, mergers and acquisitions, tax, exchange control, franchising, competition, labour, personal injury, arbitration and dispute resolution, among others. As a leader among law firms involved in commercial services and other corporate transactions, the transactional and litigation experience of our attorneys, the breadth of our practice and the geographical reach of our offices in Africa have allowed us to maintain a competitive leadership position, representing a broad array of public and private companies, private equity firms and financial institutions, governmental entities, and other institutions and individuals in almost every type of commercial law situation. Motalane Inc.is firmly rooted in Africa – with a tenacious belief in the economic growth potential and spirit of the continent. Our head office in Pretoria, the capital of South Africa, provides the perfect gateway through which our partners, supported by some 700 professionals and staff, render a broad range of legal services to clients in Africa and the rest of the world. Through our associate offices and long-established networks, we serve our global client base throughout the African continent – in matters of intellectual property, commercial law, property and litigation. Motalane Inc.regularly hosts a meeting of partners from associate offices throughout the continent– a network meeting designed to maintain relationships, build capacity and share information about updates on intellectual property and corporate & commercial developments across the continent. This manual has been compiled in fulfilment of the requirements of section 51(1) of the Act.

  1. CONTACT DETAILS IN TERMS OF SECTION 51 (1) (a)

Chairman: EMM

Postal Address: P O Box 74781

Lynnwood

0040

South Africa

Physical Address: 529 Cliff Avenue,

Waterkloof Ridge

Pretoria

South Africa

Telephone: +27 (12) 362-6502

E-mail: info@motalaelaw.co.za

Website: www.motalanelaw.co.za

  1. SECTION 10 GUIDE TO THE ACT IN TERMS OF SECTION 51 (1) (b)

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 for access to information with the Firm, the public body must be acting in the public interest. Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided and gazetted by the Minster from time to time. The applicable forms and tariffs are specified in the Act. Requesters are referred to the Section 10 Guide to the Act which has been compiled by the SAHRC. This Section 10 Guide which will contain information which will be of assistance to the requester for the purposes of exercising their Constitutional Rights.

The Section 10 Guide is available from the SAHRC whose details follow:

South African Human Rights Commission

Private Bag X2700

Houghton

2041

Telephone: +27 (11) 877-3600

Fax: +27 (11) 403-0625

Email: PAIA@sahrc.org.za

Website: www.sahrc.org.za

  1. SECTION 51(1)(c) NOTICE(S) IN TERMS OF SECTION 52 (2)

The Firm has not yet issued any notices in terms of the provisions of section 52 (2) of the Act and all requests for access to information should be made in accordance with the procedure set out in paragraph 7 of this manual. Save for marketing and publicity material, all records held by the Firm are deemed to be confidential and any request for access to information will be balanced against, inter alia, the principles of legal professional privilege, attorney-client confidentiality, and the limitations to the right of access of information set out in section 36 of the Constitution and sections 5 and 62 of the Act.

  1. RECORDS OF THE FIRM WHICH ARE AVAILABLE IN ACCORDANCE

WITH ANY OTHER LEGISLATION IN TERMS OF SECTION 51(1)(d)

6.1. To the extent applicable, the Firm maintains such information and documents as may be required in accordance with, inter alia, the following legislation;

Administration of Estates Act 66 of 1965

Attorneys Act 53 of 1979

Basic Conditions of Employment Act 75 of 1997

Broad-Based Black Economic Empowerment Act 53 of 2003

Companies Act 71 of 2008

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Consumer Protection Act 68 of 2008

Copyright Act 98 of 1978

Counterfeit Goods Act 37 of 1997

Currency and Exchanges Act 9 of 1933

Designs Act 195 of 1993

Employment Equity Act 55 of 1998

Electronic Communications and Transactions Act 25 of 2002

Financial Intelligence Centre Act 38 of 2001

Income Tax Act 58 of 1962

Information Act 70 of 2002

Intellectual Property Amendment Act 28 of 2013

Insolvency Act 24 of 1936

Labour Relations Act 66 of 1995

Medical Schemes Act 131 of 1998

Merchandise Marks Act 17 of 1941

National Credit Act 34 of 2005

Occupational Health and Safety Act 85 of 1993

Patents Act 57 of 1978

Pension Funds Act 24 of 1956

Plant Breeders’ Rights Act 15 of 1976

Promotion of Access of Information Act 2 of 2000

Registration of Copyright in Cinematograph Films Act 62 of 1977

Skills Development Act 97 of 1998

Skills Development Levies Act 9 of 1999

Stamp Duties Act 77 of 1968

Tax on Retirement Funds Act 38 of 1996

Trade Marks Act 194 of 1993

Trust Property Control Act 57 of 1988

Unemployment Insurance Act 63 of 2001

Unemployment Insurance Contributions Act 4 of 2002

Value Added Tax Act 89 of 1991

6.2. Schedule of records held by the Firm

The following is a list of the subjects on which the Firm holds records and the categories into which the stated subjects fall

DEPARTMENT DESCRIPTION OF RECORDS HELD MANAGEMENT

Documents pertaining to the Partnership and the Partners of Motalane Inc. Resolutions of the Partners of Motalane Inc. Minutes of meetings of the Partners of Motalane Inc.

Minutes of meetings of committees and sub-committees of Motalane Inc.

FINANCE

  • Financial Records and Tax Records
  • Insurance records
  • Auditors’ reports
  • Banking records for business and trust accounts

MARKETING

  • Firm publications
  • Marketing brochures
  • Firm and Attorney Profiles

HUMAN RESOURCES

  • Staff training material
  • List of employees
  • Correspondence relating to personnel
  • Employment contracts
  • Personnel records including personal details, disciplinary records, performance and internal evaluation records
  • Unemployment Insurance Fund contribution records
  • Payroll records
  • Health and safety records
  • Internal policies and procedures
  • Codes of conduct
  • Fidelity Fund certificates

 

ADMINISTRATION Supplier lists, Agreements and details of suppliers

  • Asset registers
  • Operational documents

 

LEGAL SERVICES

  • Opinions/Advice to clients
  • Correspondence with clients
  • Records regarding legal matters
  • Correspondence with third parties and legal practitioners

LIBRARY Publications including books, journals, periodicals and circulars

Government and Provincial Gazettes

Precedents of case law and legal documents

Other legal resources, including domestic and international sources

INFORMATION TECHNOLOGY

Records relating to computer software used by Motalane Inc., including software, licence, support and maintenance agreements.

MISCELLANEOUS Various types of correspondence

  1. SECTION 51(1)(e) REQUEST PROCEDURE FOR ACCESS TO RECORDS OF THE FIRM

To enable the Firm to process a request for access to information, kindly complete the prescribed form C, which is available on the website of the SAHRC at www.sahrc.org.za

On the prescribed form C provide clear, sufficient and unambiguous details to enable the Firm to ascertain;

7.1. The identity of the requester (If the requester is represented by an agent, sufficient proof showing authority to represent the requester and the identity of the agent);

7.2. The record/s requested;

7.3. The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right;

7.4. The form of access required;

7.5. If the requester wishes to be informed of the decision in any manner (in addition to a written decision) the manner and particulars thereof; and

7.6. The postal address or fax number of the requester in the Republic.

7.7. The request for access to information must be clearly identified as such and marked for the attention of the Chairman;

7.8. The applicable Prescribed fee as set out in the regulations to the Act must accompany the request for access to information; and

7.9. the duly completed prescribed Form C must be delivered to the Firm. The contact details of the Firm are provided in paragraph 3 of this manual.

Upon due lodgement of a request for access to information lodged with the Firm, the Chairman will consider the request and notify the requester of his decision by way of a sworn affidavit, within the time periods stipulated in the Act, stating clearly whether the request is granted or refused and advising the requester of external remedies which the requester may pursue to dispute the Chairman’s decision.

 

  1. FEE SCHEDULE IN TERMS OF SECTION 54

The following fees will apply to all requests for access to information held by the Firm save for personal requests which will not subject to a fee:

8.1. A requestor must pay the prescribed fees (currently R50.00) before a request will be processed;

8.2. Where the preparation of the record requested requires more than the prescribed hours (currently 6 hours), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

8.3. A requestor may lodge an application with a competent court against the tender/payment of the request fee and/or deposit;

8.4. The Firm may withhold access to a record under its control until the requisite fees have been paid;

8.5. If a request for access to information is granted, an access fee must be paid before such information is made available to the requester;

8.6. The prescribed fee structure for request of access to the records of a private body is available on the website of the SAHRC at www.sahrc.org.za

 

  1. OTHER INFORMATION AS MAY BE PRESCRIBED IN TERMS OF THE

ACT

9.1. Information or records not found

Where the Firm has taken all reasonable steps to find a record but such record is not found, or is found not to exist, the Firm will provide notification of this to the requester in the form of a sworn affidavit.

The sworn affidavit will provide a full account of all steps taken by the Firm to find the record or to determine the existence thereof; and

If the requested record is later found by the Firm, the requester shall be notified and furnished with the requested document in the manner stipulated by the requester in the application for request for access to information previously lodged by the requester (This will apply to instances where the Firm does not object to disclosing the requested information).

Where the requested record in later found, but the Chairman objects to disclosing the record to the requester, the Firm shall notify the requester of the Firm’s decision and advise the requester of external appeal remedies available to dispute the refusal of access to information.

9.2. Information requested about a third party

Where any information relating to a third party is requested from the Firm by a requester, the Firm will notify the third party of the request.

The third party will have an opportunity to grant his, her or its consent to the disclosure of the record or to make representations as to why the requested record should not be disclosed to the requester.

Where the Firm decides to grant access to the record, it will notify all affected third parties who will be entitled to approach a competent court by way of application in relation to such decision.

9.3. This manual is available for inspection at the offices of Motalane Inc.; Copies of this manual may be obtained by request at the prescribed fees from Motalane Inc.;This manual can also be accessed on the Firm’s website www.motalanelaw.co.za and The South African Human Rights Commission website www.sahrc.org.za

9.4. Remedies available to a requester upon refusal of access

9.4.1. Internal remedies

The Firm 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 Chairman is final and requestors will have to exercise such external remedies at their disposal if the request for information is refused and the requestor is not satisfied with the answer supplied by the Chairman.

9.4.2. External remedies

A requester that is dissatisfied with the Chairman’s decision may, within 30 days of notification of the decision, apply to a competent court for relief.

Likewise, a third party dissatisfied with the Chairman’s decision may, within 30 days of notification of the decision, apply to a competent court for relief.

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.

 

  1. ANNEXURES

10.1. Prescribed Form C

10.2. Prescribed Fee Schedule

This Manual may be updated and amended from time to time as necessary and the latest version will be publicised in the manner prescribed by the Act.

Version 2

Last updated: 25 September 2022

PRETORIA OFFICE

Lynnwood Ridge, Pretoria, South Africa

PO BOX 74781, Pretoria 0001, South Africa

PHONE +27 12 362 6502

EMAIL info@motalanelaw.co.za