THE PROMOTION OF ACCESS TO INFORMATION ACT

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000 (“the Act”) FOR FINNEGAN & BURGER INC.

INDEX TO MANUAL

1	INTRODUCTION
2	COMPANY OVERVIEW
3	CONTACT PARTICULARS
4	GUIDE IN TERMS OF SECTION 10 OF THE ACT
5	INFORMATION OR DOCUMENTS AVAILABLE I.T.O. OTHER LEGISLATION
6	RECORDS OR INFORMATION AUTOMATICALLY AVAILABLE TO THE PUBLIC
7	RECORDS HELD BY THE COMPANY WHICH ARE NOT AUTOMATICALLY AVAILABLE
8	PROCEDURE FOR OBTAINING ACCESS TO INFORMATION
9	PRESCRIBED FEES
10	GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
11	AVAILABILITY OF THE MANUAL

1. INTRODUCTION:

1.1. The Act gives effect to Section 32 of the Constitution of the Republic of South Africa, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body) when such privately held information is required to exercise a right or to protect a right.

1.2. Section 50(1) of the Act stipulates that a requester (an individual who requests information) must be given access to any record of a private body, if: -

1.2.1. that record is required for the exercise or protection of any rights;

1.2.2. that person complies with the procedural requirements in the Act relating to a request for access to that record; and

1.2.3. that access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of the ACT.

1.3. This manual is compiled in accordance with the provisions of Section 51(1) of the Act, which stipulates that the manual must contain: -

1.3.1 the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body;

1.3.2. a description of the guide referred to in Section 10, if available, and how to obtain access to it;

1.3.3. the latest notice in terms of Section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of the Act;

1.3.4. a description of the records of the body which are available in accordance with any other legislation;

1.3.5. sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject; and

1.3.6. such other information as may be prescribed.

2. COMPANY OVERVIEW:

Finnegan & Burger Inc. is a professional firm of attorneys and conveyancers committed to excellence and client satisfaction. We redefine the legal experience with innovation, strategy, and personalised attention. As a dynamic team of legal professionals, we offer a bespoke approach that integrates law, strategy, and cutting-edge technology. Our culture celebrates success, fosters deep relationships, and nurtures a talented, performance-driven team. We are more than just attorneys; we are your strategic partners, dedicated to driving your success.

Further information relating to the firm is available on the firm’s website at https://www.finneganburger.com/

3. CONTACT PARTICULARS:

Company Name: Finnegan & Burger Inc (“the company”).

Office: Johannesburg, Gauteng Province, South Africa

Physical Address: 411 Jan Smuts Avenue, Blairgowrie, Randburg, 2194

Telephone Number: 011 787 3287

E-mail: servicedesk@finneganburger.com

DIRECTOR: Mr. Jarad Burger

Telephone Number: 011 787 3287

E-mail: j arad@finneganburger.com

DIRECTOR: Ms. Fallon Finnegan

Telephone Number: 011 787 3287

E-mail: fallon@finneganburger.com

INFORMATION OFFICER: Ms. Fallon Finnegan

Telephone Number: 011 787 3287

E-mail: fallon@finneganburger.com

4. GUIDE IN TERMS OF SECTION 10 OF THE ACT

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, 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. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

Any person wishing to exercise any right contemplated in the Act may obtain a copy of the information guide issued by the South African Human Rights Commission from:

The South African Human Rights Commissioner

PAIA Unit

The Research and Documentation Department

Head Office address: Braampark Forum 3, 33 Hoofd Street, Braamfontein

Postal address: Private Bag 2700, Houghton, 2041

Telephone: 011 877 3600

E-mail: PAIA@sahrc.org.za

Website: www.sahrc.org.za

5. INFORMATION OR DOCUMENTS AVAILABLE IN TERMS OF OTHER LEGISLATION

(please note that the list is non exhaustive)

Records are maintained in accordance with the following legislation:

No	Act Reference	Act Name
1	46 of 1988	Administrative Adjudication of Road Traffic Offences Act
2	75 of 1997	Basic Conditions of Employment Act
3	53 of 2003	Broad Based Black Empowerment Act
4	61 of 1973	Companies Act
5	130 of 1993	Compensation for Occupational Injuries and Diseases Act
6	25 of 2002	Electronic Communications and Transactions Act
7	55 of 1998	Employment Equity Act
8	15 of 1973	Hazardous Substances Act
9	95 of 1967	Income Tax Act
10	66 of 1995	Labour Relations Act
11	34 of 2005	National Credit Act
12	93 of 1996	National Road Traffic Act
13	85 of 1993	Occupational Health and Safety Act
14	4 of 2013	Protection of Personal Information Act
15	2 of 2000	Promotion of Access to Information Act
16	74 of 1977	Road Transport Act
17	97 of 1998	Skills Development Act
18	9 of 1999	Skills Development Levies Act
19	28 of 2011	Tax Administration Act
20	63 of 2001	Unemployment Insurance Act
21	2 of 2002	Unemployment Insurance Contributions Act
22	89 of 1991	Value Added Tax Act

6. RECORDS OR INFORMATION AUTOMATICALLY AVAILABLE TO THE PUBLIC WITHOUT HAVING TO REQUEST THE INFORMATION IN TERMS OF THE ACT.

6.1. Information relating to the company;

6.2. Fields of expertise and professional staff;

6.3. Publications of the company; and

6.4. Any other information made available on the company’s website.

7. RECORDS HELD BY THE COMPANY WHICH ARE NOT AUTOMATICALLY AVAILABLE WITHOUT A REQUEST IN TERMS OF THE ACT:

7.1 Records relating to the company:

7.1.1. Partnership information;

7.1.2. Client database;

7.1.3. Fee structure;

7.1.4. Commercial contracts with service providers;

7.1.5. Company guidelines, policies and procedures;

7.1.6. Trademarks;

7.1.7. Business plans;

7.1.8. General operational information;

7.1.9. Systems; and

7.1.10. Procedures and statutory records.

7.2. Employee Records:

7.2.1. Personal records of present, past and prospective employees and directors of the company;

7.2.2. Employment Contracts;

7.2.3. Personal guidelines, policies and procedures; and

7.2.4. Operational information.

7.3. Client Records:

7.3.1. Clients’ personal information;

7.3.2. Clients’ intellectual property; and
7.3.3. Any other information relating to clients.

7.4 Other Records:

7.4.1. Financial records;

7.4.1. Correspondences; and

7.4.1. Contractual records.

8. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION:

8.1. All requests shall be made on the prescribed form. The form may be requested from the company’s Information Officer and is also available on the website of the South African Human Rights Commission at sahrc.org.za.

8.2. The prescribed form shall be submitted to the Information Officer at his office address or e-mail address.

8.3. The requester must provide sufficient details to enable the company to identify:

8.3.1. the records requested
8.3.2. the requester (and if an agent is lodging the request, proof of capacity)
8.3.3. the form of access required
8.3.4. the postal address, e-mail address or fax number of the requester in South Africa
8.3.5. if the requester wishes to be informed of the decision in any manner (in addition to being informed in writing), the manner and particulars thereof
8.3.6. the right which the requester is seeking to protect with an explanation of the reason the record is required to exercise or protect the right.

8.4. Should any person request documents on behalf of another person the same procedure as set out in 8.1 and 8.2 applies if the requester is requesting information on behalf of another person or on behalf of a permanent employee of the company.

8.5. The Information Officer of the company, as soon as reasonably possible and within 30 (THIRTY) days after the request has been received, shall decide whether or not to grant the request.
8.6. If the request is granted, the Information Officer will notify the requester of the fees in terms of Section 54 of the Act, applicable for the reproduction of the record/s and/or access fees, the reasonable time spent in preparing the documents and postal charges (if applicable).

9. PRESCRIBED FEES

The following applies to requests (other than personal requests):

9.1. A requestor is required to pay the prescribed fees before a request will be processed;
9.2. If the preparation of the record requested requires more than the prescribed 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);
9.3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
9.4. Records may be withheld until the fees have been paid.
9.5. The fee structure is available on the website of the South African Human Rights Commission at sahrc.org.za.

10. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS:

10.1. The Act provides a number of grounds on which a request for access to information must be refused.

10.2. The Information Officer of the company may refuse access to records if:

10.2.1. the record contains trade secrets of a third party;

10.2.2. the record contains financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or

10.2.3. information supplied in confidence by a third party the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations or to prejudice that third party in commercial competition;

10.2.4. the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement;

10.2.5. its disclosure could reasonably be expected to endanger the life or physical safety of an individual;

10.2.6. the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege;

10.2.7. the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party or a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research, to serious disadvantage; or

10.2.8. it is in terms of any other ground provided in the complete list of the grounds for refusal, which is contained in Chapter 4 of the Act.

11. AVAILABILITY OF THE MANUAL:

An unabridged version of this manual is available for inspection by the general public upon request, during office hours and free of charge at all the offices of Transit Freight Forwarding (Pty) Ltd, on the company’s website and a copy may also be requested from the South African Human Rights Commission.

The Act, forms for requesting information and the fee structure prescribed under the Act are also available on the website of the Department of Justice and Correctional Service. https://www.justice.gov.za/paia/paia.htm