Manual of Erick Breytenbach Attorneys Inc. in terms of The Promotion of Access to Information Act 2 of 2000 (the Act)

Introduction to Erick Breytenbach Attorneys Inc.

Erick Breytenbach Attorneys Inc. is a personal liability company which conducts business as a law firm. Erick Breytenbach Attorneys Inc. has their offices in Randburg. Mr Erick Breytenbach has been duly appointed by the head of Erick Breytenbach Attorneys Inc., to act as the person to whom requests for access to information must be made in terms of the Act.

1. Contact details of head

Mr Erick Breytenbach – Director

Postal Address: Erick Breytenbach Attorneys Inc.P
PO Box 2045, Wilropark, 1724.
Unit 2, Ridgeview Ofiice Park, 248 Kent Avenue, Ferndale, Randburg
erick@ebattorneys.co.za

The Guide
A Guide on how to use the Act has been compiled by the South African Human Rights
Commission. Any person who wishes to exercise any rights contemplated in the Act
must direct any queries to:
The South African Human Rights Commission:
PAIA Unit – The Research and Documentation Department

Postal Address: Private Bag 2700 Houghton2041
South AfricaTelephone: +27 11 877 3600
Facsimile: +27 11 403 0625
E-mail: PAIA@sahrc.org.zaWebsite: www.sahrc.org.za

2. Records are maintained in accordance with the following legislation

• Income Tax Act 58 of 1962
• The Unemployment Insurance Act 30 of 1966
• Income Tax Act 95 of 1967
• Legal Practice Act 28 of 2014
• Value Added Tax Act 89 of 1991
• Occupational Health and Safety Act 85 of 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Labour Relations Act 66 of 1995
• Basic Conditions of Employment Act 75 of 1997
• The Employment Equity Act 55 of 1998
• The Skills and Development Act 97 of 1998
• Promotion of Access of Information Act 2 of 2000
• Electronic Communications and Transactions Act 25 of 2002
• The Protection of Personal Information Act 4 of 2013
• Rules for the Attorneys’ Profession

Erick Breytenbach Attorneys Inc. has the following records (which are not automatically available without a request in terms of this Act):

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

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 Erick Breytenbach Attorneys Inc.,
including software, licence, support and maintenance agreements.

MISCELLANEOUS
• Various types of correspondence

3. Form of request:

• The requester must use the prescribed form to make the request for access to a record. The form may be requested from the Director and is available on the website of the South African Human Rights Commission at www.sahrc.org.za and the website of the Department of Justice and Constitutional Development at www.doj.gov.za. The completed form must be submitted to the Director.
• The requester must provide sufficient detail on the request form to enable the Director to identify the record and the requester.
• The requester should also indicate which form of access is required.
• The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
• The requester must identify the right that he or she is seeking to exercise or
  protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
• If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Director.

4. Fees:

• The Director must notify the requester (other than a personal requester) by notice, requiring the requester to pay the relevant fee before further processing the request. A personal requester does not pay such fee.
• The requester may lodge an application to the court against the tender or payment of the request fee.
• The Director will then make a decision on the request and notify the requester 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 had exceeded the prescribed hours to search and prepare the record for disclosure.

5. Availability of the manual

The manual is available for inspection during office hours at the offices of Erick Breytenbach Attorneys Inc. free of charge. To arrange for an inspection of the manual, please contact the Director..

6. Prescribed fees and forms in respect of private bodies

The prescribed forms and fees for requests to private bodies are available on the
website of the South African Human Rights Commission at www.sahrc.org.za and the
website of the Department of Justice and Constitutional Development
at www.doj.gov.za