087 149 1960               enquiries@ngov-attorneys.co.za

 

REGISTRATION NUMBER OF THE COMPANY

2016/541209/21  

NEIL GOVENDER ATTORNEYS INCORPORATED

PAIA MANUAL PREPARED

In terms of

SECTION 51 of The Promotion of Access to Information Act 2 of 2000

(the “Act”)

Date of Compilation: 5/07/2021

 

 

INDEX

 

  1. INTRODUCTION………………………………………………………………………………..…..3
  2. THE FUNCTIONS OF NEIL GOVENDER ATTORNEYS INCORPORATED.………3
  3. CONTACT DETAILS………………………………………………………………………….……..3
  4. WHO MAY REQUEST ACCESS TO INFORMATION………………………….…..……4
  5. PROCEDURE ON REQUESTING ACCESS TO RECORDS………………………….….4

5.1 Prescribed access form……………………………………………………………….……….4

5.2 Proof of identity……………………………………………………….………………………….4

5.3 Prescribed fees…………………………………………………………………………………….4

5.4 Granting or refusal of requests…………………….………………………………..…….5

5.5 Appeal……………………………………………………………………………………………..…..5

  1. POLICY WITH REGARD TO CONFIDENTIALITY AND ACCESS TO INFORMATION…………………………………………………………………………………….……..5
  2. ACCESS TO ROUTINELY AVAILABLE INFORMATION……………………….…….….5
  3. RECORDS AUTOMATICALLY AVAILABLE…..………………………………………………5
  4. CATEGORIES OF RECORDS HELD BY THE NEIL GOVENDER ATTORNEYS INCORPORATED…………………………….…..
  5. HOW TO MAKE A REQUEST FOR ACCESS……………………………………..….……6
  6. AVAILABILITY OF THE MANUAL…………………………………………………………….7

 

 

  1. INTRODUCTION

 1.1. Intention

This Manual is intended to assist persons wishing to access information in terms of the Act from any member of NEIL GOVENDER ATTORNEYS INCORPORATED.

1.2. Process

Should a requester, as contemplated in the Act, require access to any information, they must contact the NEIL GOVENDER ATTORNEYS INCORPORATED Information Officer at zanjeer@ngov-attorneys.co.za  

1.3 Terms Used

 In this Manual:

 

1.3.1. Terms defined in the Act shall have the meaning set out therein;

1.3.2. Reference to sections shall be a reference to sections in the Act;

1.3.3. The following terms shall have the meaning assigned to them:

 

1.3.3.1 “the Act” means the Promotion of Access to Information Act No. 2 of 2000, as amended, together with any regulations published in terms thereof;

 

1.3.3.2. “Head” means the information head of the NEIL GOVENDER ATTORNEYS INCORPORATED, who shall act as the information head of each member of the NEIL GOVENDER ATTORNEYS INCORPORATED,

1.3.3.3. “Manual” means this manual, together with all annexes thereto as amended and made available on the Website from time to time;

1.3.3.4. “Website” means the NEIL GOVENDER ATTORNEYS INCORPORATED website at

https://ngov-attorneys.co.za

 

 

  1. THE FUNCTIONS OF THE NEIL GOVENDER ATTORNEYS INCORPORATED

Neil Govender Attorneys Inc. is a law firm based in Parktown, Johannesburg which was established in 2016.The firm primarily specialises in the short-term insurance sector. The vision of the firm is to provide cost effective services which are accessible and affordable to the public and private sector.

 

  1. CONTACT DETAILS

Section 51(1)(a) information:

  NAME OF PRIVATE BODY:                                           NEIL GOVENDER ATTORNEYS INCORPORATED

  PHYSICAL ADDRESS:                                                      Block 1 Arcay House

3 Anerley Road

Parktown

2193

  CONTACT                                                                          Information Officer- xxxxxxxxxx

  EMAIL                                                                                 zanjeer@ngov-attorneys.co.za

 

  1. WHO MAY REQUEST ACCESS TO INFORMATION

The Act provides that a person may only request information in terms of the Act if the information is required for the protection of a right. Only requests for access, where the requestor can furnish the Information Officer with sufficient particulars as to the right the requestor is seeking to protect, will be considered. A requestor can request access to information in different capacities. The category under which the request falls will influence the amount to be charged when a request is lodged. Requestors can be classified in accordance with the following different categories:

4.1 A personal requestor, that is a person who requests information about him / herself;

 4.2 An agent requestor, that is a person requesting information on behalf of someone else;

4.3 A third party requestor, that is a person requesting information about someone else; or

4.4 A public body, requests information in the public interest.

  1. PROCEDURE ON REQUESTING ACCESS TO RECORDS

5.1 Prescribed access form

 In order for Neil Govender Attorneys Incorporated to facilitate access to a record, requestors need to complete the included Request for Information Form. Please take note that the prescribed access form must be completed in full and that a failure to do so may result in the process being delayed until such additional information is provided.

5.2 Proof of identity

Proof of identity is required to authenticate the request and the requestor. Therefore, in addition to the access form, requestors will be required to supply a certified copy of their identification document or any other legally acceptable means of identification.

5.3 Prescribed fees

Please take note that a request will not be processed until the request fee and the deposit (if applicable) have been paid. Requestors are advised that four types of fees are provided for in terms of the Act.

5.3.1 Reproduction fee: this fee is payable with respect to all records that are automatically available;

5.3.2 Request fee: this fee is an administration fee that must be paid by all requestors, except personal requestors, before the request is considered and is not refundable;

5.3.3 Access fee: which is payable once access to a record is granted, this fee is intended to re-imburse NEIL GOVENDER ATTORNEYS for the costs involved in searching and preparing the record for delivery;

5.3.4 Deposit: which is payable if NEIL GOVENDER ATTORNEYS receives a request for access to information about a person other than the requestor himself / herself and where the preparation of the record will take more than six hours.

5.4 Granting or refusal of requests

All requests that meet the requirements, as set out above will be processed in accordance with the time limits as set out in the Act.

5.5 Appeal

All appeals relating to the denial of access to information will be channelled to NEIL GOVENDER ATTORNEYS internal appeal structure.

  1. POLICY WITH REGARD TO CONFIDENTIALITY AND ACCESS TO INFORMATION

NEIL GOVENDER ATTORNEYS will protect the confidentiality of information provided to it by individuals or others, subject to the companies obligations in terms of any applicable law.

  1. ACCESS TO ROUTINELY AVAILABLE INFORMATION

NEIL GOVENDER ATTORNEYS routinely makes available to the public certain information on its functions and activities. This information will continue to be available without having to make a formal request under the Act. Information is also available on the NEIL GOVENDER ATTORNEYS website https://ngov-attorneys.co.za. The company reserves the right to charge a fee in terms of the Act for all other publications.

  1. RECORDS AUTOMATICALLY AVAILABLE

No notice has been submitted to the Minister of Justice and Constitutional  Development regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA.

 Nevertheless, the information on NEIL GOVENDER ATTORNEYS website is automatically available without  having to request without having to request access in terms of PAIA.

  1. CATEGORIES OF RECORDS HELD BY THE NEIL GOVENDER ATTORNEYS INC.

General information about NEIL GOVENDER ATTORNEYS can be accessed through the internet on https://ngov-attorneys.co.za which is available to all persons who have access to the internet. The subjects on which the private hold records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requestor is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act: https://ngov-attorneys.co.za holds the following categories of information, records and documentation:

 9.1 Legal and Compliance

  • BBBEE Compliance · Internal auditing and risk · Legislation compliance · Regulatory reports · Policies and procedures

9.2 Financial

  • Audit management · Budgets · Creditors control · Funders and donors · Insurance · Management accounts · Salary administration · Tax management

9.3 Governance

  • Board and sub-committee administration · Agenda and minutes of meetings · Letter of authority · NPO registration · Strategic management

9.3 Human Resources

  • Disciplinary actions · Job profiles · Performance management · Staff benefits and incentives · Staff list · Training and skills development · Leave records

9.4 Operations and Programme Management

  • Annual business plan · Strategic plan · Project management charter or framework · Project files · Occupational, Health and Safety policy · Regulatory reports

9.5Information Technology

  • Information systems · Network security · Software licences · Technology assets

9.6 Legal compliance

  • Agreements and contracts · Compliance documentation of service providers · Service provider records Information, records and documents relating to the above may be accessed in terms of the Act.

Information, records and documents relating to the above may be accessed in terms of the Act.

  1. HOW TO MAKE A REQUEST FOR ACCESS

The requester must complete Form C and submit this form together with a request fee to a person delegated to deal with requests. The form must be submitted using any of the methods noted below:

Street Address: Block 1 Arcay House, 3 Anerley Road, Parktown, 2193

Telephone Number: 012 9408244

Email Address: https://ngov-attorneys.co.za

 

10.1 Form of Request: The requester must use the prescribed form, attached as addendum to this manual, to make the request for access to a record. The request must be made to the chosen official. The requester must provide sufficient detail on the request form to enable the chosen official to identify the record and the requester. The requester should indicate which form of access is required.

The chosen official of NEIL GOVENDER ATTORNEYS will 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 [(Section 51(1)]. After the chosen official of NEIL GOVENDER ATTORNEYS has made a decision on the request, the requester will be notified in the required form. 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 of disclosure [(Section 54 (6)].

10.2 Grounds for Refusing a Request:  NEIL GOVENDER ATTORNEYS has the right to reject any request for information submitted in terms of Sections 62 – 70 of Chapter 4 of the PAIA.

  1. FEES IN RESPECT OF PRIVATE BODIES

12.1. The following is a breakdown if the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated:

12.1.1. Part III of Regulation 187 published in the Government Gazette on the 15 February 2002:
• 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.
• The fees for reproduction referred to in regulation 11(1) are as follows:

(a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0, 75
(c) For a copy in a computer-readable form on USB R 70,00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00,

(ii) For a copy of visual images R 60,00

(e) (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00;

(ii) For a copy of an audio record R 30,00

12.1.2. The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.

12.1.3. The access fees payable by a requester referred to in Regulation 11(3) are as follows:

  1. a) For every photocopy of an A4-size page or part thereof R 1,10;
  2. b) For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75;
  3. c) For a copy in a computer-readable form on USB R 70,00
  4. d) (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00;

    (ii) For a copy of visual images R 60,00

  1. e) (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00;

    (ii) For a copy of an audio record R 30,00

  1. f) To search for and prepare the record for disclosure, R 30,00; for each hour or part of an hour reasonably required for such search and preparation.

12.1.4. For purposes of section 54(2) of the Act, the following applies:
• Six hours as the hours to be exceeded before a deposit is payable
• One third of the access fee is payable as a deposit by the requester.

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

 

  1. AVAILABILITY OF THE MANUAL

This manual is available for inspection at the office of NEIL GOVENDER ATTORNEYS at no cost.