Dingley Attorneys Promotion of Access to Information Manual

This manual has been prepared in terms of the section 51 of the Promotion of Access to Information Act 2 of 2000.

CORPORATE INFORMATION: Section 51(1)(a)
Dingley Attorneys In terms of Section 51(2) of the Promotion of Access to Information Act No.2 of 2000 (“the Act”), Private bodies such as DINGLEY ATTORNEYS are required to compile and publish a manual with the information as set out herein. In terms of Section 51(2) of the Act, the head of a Private Body may, on a regular basis, update this manual. Based on the provisions of this section, DINGLEY ATTORNEYS will, as and when it deems it necessary, update or amend this manual.Registered Office: 1st Floor, 22 Dreyer Street, Claremont, Cape Town.
Partner: Ryan Gavin Dingley
Contact Person: Ryan Gavin Dingley
Tel # of Contact Person: 021 712 7661
Fax # of Contact Person: 021 712 8661
E-Mail Address of Contact Person: ryan@dingley.co.za
Section 51(1)(b): The Human Rights Commission (SAHRC) has a guide to the Promotion of Access to Information Act, this may be accessed via one of the following;
http://www.sahrc.org.za/home/index.php?ipkContentID=25&ipkMenuID=45
The head office of the SAHRC:
Braampark Forum 3
33 Hoofd Street
Braamfonteinwww.sahrc.org.za
or e-mail: info@sahrc.org.za
Alternatively call the Human Rights Commission on: Tel: 011 877 3600
Section 51(1)(c): Information Available without a request: At this stage no Notice(s) has / have been published.
Section 51(1)(d) description of the subjects on which the body holds records and the categories of records held on each subjectInformation is available in terms of the following legislation, if and where applicable:
1. Attorneys Act No 53 of 1979
2. Basic Conditions of Employment Act No. 75 of 1997
3. Cape Law Society Rules
4. Companies Act No. 71 of 2008
5. Compensation of Occupational Injuries and Diseases Act No. 130 of 193
6. Consumer Protection Act 68 of 2008
7. Employment Equity Act No. 55 of 1998
8. Income Tax Act No. 58 of 1962
9. Labour Relations Act No. 66 of 1995
10. National Environmental Management Act 107 of 1998
11. Occupational Health and Safety Act No. 85 of 1993
12. Pension Funds Act No. 24 of 1956
13. Promotion of Access to Information Act No. 2 of 2000
14. Skills development Levies Act No. 9 of 1999
15. Trademarks Act No. 194.of 1993
16. Unemployment Insurance Act No. 30 of 1966
17. Value Added Tax Act No. 89 of 1991
In particular: with regard to the Attorneys Act
1. Accounting records including particulars and information of any money received, held or paid by or on account of any person, of any money invested in a trust savings or other interest-bearing account) and of any interest on money so invested which is paid over or credited. These records include :
  1. money invested in a trust savings or other interest-bearing account
  2. interest on money so invested;
  3. any estate of a deceased person or any insolvent estate or any estate placed under curatorship, in respect of which such practitioner is the executor, trustee or curator or which he administers on behalf of the executor, trustee or curator; or
  4. the practice of the attorney.
  5. Fidelity Fund Certificate
and the Cape Law Society Rules:
1. Such accounting records which are necessary to present fairly and in accordance with generally accepted accounting practice that state of affair of the firm and to explain the transactions and financial position of the firm, including:
  1. Records showing its assets and liabilities
  2. Records containing entries from day to day of all monies received and paid by it on its own account
  3. Records containing particulars and information of all monies received, held by and paid by it for and on account of any person
  4. All monies invested in terms of section 78(2) and (2A)
  5. Any interest referred to in section 78 (3) of the Act which is paid over or credited to it.
  6. Any interest credited to or in respect of any separate trust savings or other interest bearing account
2. After termination or performance of mandate the following documents must be kept:
  1. All amounts received by the firm in connection with the matter concerned properly explained
  2. All disbursements and other payments made by it in connection with the matter
  3. All fees and other charges charged to or raised against the client and where any fee represents an agreed fee, a statement that such fee was agreed upon and the amounts so agreed upon.
  4. The amount owing to or by the client
  5. Balance lists for each client
  6. Accountant’s report
  7. Trust account records reflecting:
  8. Payments of all monies entrusted to the firm by a client for investment pursuant to the mandate granted by the client.
  9. Payments of all monies invested by the firm on behalf of the client
  10. Payments of all amounts, both capital and income, derived from investments and received for the client’s account;
  11. All payments made by it to the client in respect of the client’s investments
  12. All charges paid to the firm in respect of services rendered by it to the client pursuant to the client’s mandate.
Section 51(1)(e): Details to facilitate requests for information
1. Employment Contracts : Availability to be determined upon receipt of request
2. Trade Secrets : Availability to be determined upon receipt of request
3. Domain Name Registrations: Availability to be determined upon receipt of request
4. Tradename Registrations : Availability to be determined upon receipt of request
5. Trademark Registrations : Availability to be determined upon receipt of request
6. Company Documentation : Availability to be determined upon receipt of request
7. Agreements With Suppliers : Availability to be determined upon receipt of request
8. Corporate Sales Agreements: Availability to be determined upon receipt of request
Information freely Available:
1. Website Information : Freely Available at http://www.dingley.co.za
Section 51(1)(f)
1. 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.
2. The fees for reproduction referred to in regulation 11(1) are as follows:
  1. For every photocopy of an A4-sized page or part thereof: R1,10
  2. For every printed copy of an A4-sized page or part thereof held on a computer or in electronic or machine-readable form: R0,75
  3. For a copy in a computer-readable form on:
    1. compact disc R70,00
    2. For a transcription of visual images, for an A4-size page or part thereof R40,00
    3. For a copy of visual images R60,00 per page
    4. For a transcription of an audio record, for an A4-size page or part thereof R20,00
    5. For a copy on an audio record R30,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
4. The access fees payable by a requester referred to in regulation 11(3) are as follows:
  1. For every photocopy of an A4-size page or part thereof R1,10
  2. 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
  3. For a copy in a computer-readable form on:
    1. i.compact disc R70,00
  4. For a transcription of visual images,
    1. For an A4-sized page or part thereof R40,00
    2. For a copy of visual images R60,00
  5. For a transcription of an audio record,
    1. for an A4-size page or part thereof R20,00
    2. For a copy of an audio record R30,00
  6. To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.
5. For purposes of section 54(2) of the Act, the following applies:
  1. Six hours as the hours to be exceeded before a deposit is payable; and
  2. one third of the access fee is payable as a deposit by the requester.
  3. The actual postage is payable when a copy of a record must be posted to a requester.
Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
- The requester must complete Form C and submit this form together with a request fee, to the information officer.
- The form must be submitted to the information officer at the address, fax number, or electronic mail address set out above
- The form must: provide sufficient particulars to enable the appointed information officer to identify the record/s requested and to identify the requester,
  - indicate which form of access is required,
  - specify a postal address or fax number of the requester in the Republic,
  - identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right,
  - if in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner,
  - if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer of DINGLEY ATTORNEYS.
- DINGLEY ATTORNEYS will make a decision in relation to the request for records within thirty days of receiving it, unless third parties are required to be notified or the thirty day period is extended as provided for in the Promotion of Access to Information Act.
- Where a request is refused, a requester may apply to an appropriate court within 30 days of being informed of the refusal of the request, for an order compelling the record or records requested to be made available to the requester or for another appropriate order. The court will determine whether the records should be made available or not.

Form for Application of Information: Form C