PAIA Manual

  1. This manual has been published in accordance with the provisions of section 51 of the Promotion of Access to Information Act 2 of 2000 (“the Act”) in respect of the information and records held by Mc Larens Attorneys and the manner in which any person may request such information or records to be made available
  2. Section 10 of the Act requires the South African Human Rights Commission to compile and publish a guide containing information required by a person wishing to exercise or protect any right in the Act. This guide is available on the website.
    Name of Company McLarens Attorneys
    Registration Number n/a
    Physical Address 281 Long Ave, Ferndale, Johannesburg
    Postal Address Po Box 989, Ferndale, 2160
    Owner Ian Mc Laren
    Telephone +27 (0) 11 789 7196
    Telefax +27 (0) 11 787 8452
    Website www.mclarens.co.za
    Email admin[at]mclaren[dot]co[dot]za
  3. 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 (0) 11 484 8300
    Telefax +27 (0) 11 484 7146
    Email paia@sahrc.org.za
  4. The following is a list of the legislation in terms of which Mc Larens Attorneys is obliged to keep or submit records. This is not an exhaustive list and it must be pointed out that these records are not necessarily available to requestors in terms of the Act
    4.1 Basic Conditions of Employment Act 75 of 1997;
    4.2 Companies Act 61 of 1973;4.3 Income Tax Act 58 of 1962;
    4.3 Value-Added Tax Act 89 of 1991;
    4.4 Unemployment Insurance Act 30 of 1966;
    4.5 Employment Equity Act 55 of 1998;
    4.6 Insolvency Act 24 of 1936;
    4.7 Occupational Health and Safety Act 85 of 1993;
    4.8 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
    4.9 Attorneys Act 53 of 1979;
    4.10 Labour Relations Act 66 of 1995;
    4.11 Customs and Excise Act 91 of 1964;
    4.12 Skills Development Act 97 of 1998; and
    4.13 The Financial Intelligence Centre Act 38 of 2001.
  5. No records are available in terms of section 52 of the Act.
  6. Records relating to services performed for clients: These include:
    6.1 client information and documentation;
    6.2 correspondence;
    6.3 agreements;
    6.4 memoranda;
    6.5 opinions;
    6.6 pleadings; and
    6.7 submissions to administrative bodies and tribunals.
  7. Records relating to employees and former employees: These include:
    7.1 internal policies and procedures;
    7.2 details of employment;
    7.3 employee files; and
    7.4 remuneration particulars.
  8. Financial and administrative records relating to Mc Larens Attorneys activities: These include:
    8.1 internal policies and procedures;
    8.2 information technology records;
    8.3 accounting systems;
    8.4 financial statements;
    8.5 bank statements;
    8.6 bank reconciliations;
    8.7 and month-end reports.
  9. Library Materials: These include:
    9.1 law reports;
    9.2 textbooks, and
    9.3 other reference materials
  10. RA request for access to records held by McLarens Attorneys must be made:
    10.1 by completing the prescribed Form C, which is available on the website www.sahrc.org.za; or
    10.2 in terms of the regulations, which can be found on the website .Such request must be sent or delivered to one of the addresses referred to in paragraph 2 above and must be directed to Ian Mc Laren
  11. The requester must:
    11.1 provide sufficient detail on the request form to enable RB&A to identify the record and the requester;
    11.2 indicate which form of access is required;
    11.3 state the manner to be used to inform the requester as to the availability of the record;
    11.4 provide the necessary contact particulars in order to be so informed;
    11.5 identify the right that is sought to be exercised or protected;
    11.6 provide an explanation as to why the requested record is required for the exercise or protection of that right; and
    11.7 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 satisfaction of the directors of RB&A.
    11.8 A requester who seeks access to a record containing personal information about that requester is not required to pay the prescribed request fee. Every other requester, who is not a personal requester, must pay the required request fee of R50,00 (fifty Rand). The requester
    may lodge an application to the court against the tender or payment of the request fee.
    11.9 The requester will be notified by RB&A in the required manner when a decision has been made on the request.
    11.10 If the request is granted, the requester must pay a further access fee for the search, reproduction and preparation of the record, as well as for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. Information on the structure of access fees is available at www.sahrc.org.za, or Government Notice Number R187 of 15 February 2002, which is available at www.doj.gov.za.