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ACCESS TO INFORMATION

COMNINOS LAW

 

(a Sole Proprietor) 

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MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000 IN RESPECT OF COMNINOS LAW. 

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INDEX

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1  INTRODUCTION.......................................................................................................................1

2  DEFINITIONS ...........................................................................................................................1

3  SCOPE OF THE MANUAL.......................................................................................................2

4  HOW TO USE THE ACT TO ACCESS INFORMATION..........................................................2 

5  OVERVIEW OF COMNINOS LAW........................................................................3

5.1  Comninos Law’s contact details ..........................................................................3 

5.2  Information freely available from Comninos Law ..............................................4 

5.3  Information kept by Comninos Law in accordance with other legislation ......4 

5.4  Information held by Comninos Law in terms of the Act ....................................6 

5.5  Request Procedures ..........................................................................................................9

5.5.1  Form of request ........................................................................................................ 9 

5.5.2  Fees............................................................................................................................ 9 

5.5.3  Decision on request ............................................................................................... 11 

5.5.4  Grounds of refusal of access ................................................................................... 11 

6  RECORDS OR INFORMATION NOT FOUND.......................................................................12 

7  OTHER INFORMATION HELD BY COMNINOS LAW AS PRESCRIBED ........12 

8  AVAILABILITY OF THE MANUAL ........................................................................................12

9  PRESCRIBED FORMS AND FEE STRUCTURE ..................................................................12 

 

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  1. 1  INTRODUCTION 

This Manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act No. 2 of 2000. 

The aim of the Manual is to assist potential Requesters in requesting access to information (documents or records) from Comninos Law as contemplated under the Act. 

The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act. 

A Requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual. 

The definitions provided in this Manual are solely for the purpose of this Manual and are not to be taken as applicable to the Act. 

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  1. 2  DEFINITIONS 

The following words or expressions will bear the following meanings in this Manual - 

"the Act" means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder; 

"Comninos Law" means Comninos Law , a Sole Proprietor and a professional company which renders legal services including legal advice and legal representation to individual clients, businesses and organisations 

"Client" means a natural or juristic person who or which receives services from Comninos Law; 

"Correspondence" means written and electronic communication exchanged between two or more parties; 

"Employee" means any person who works for, or provides services to, or on behalf of Comninos Law, and receives or is entitled to receive remuneration; 

"Information Officer" means the designated information officer/s or the head of the body, as described in this Manual; 

2 "Manual" means this manual, together with all annexures thereto as amended and made 

available at the offices of Comninos Law from time to time; 

"Requester" means any person or entity requesting access to a record that is under the control of Comninos Law; and 

"SAHRC" means the South African Human Rights Commission. 

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  1. 3  SCOPE OF THE MANUAL 

  2. ​

This Manual has been prepared in respect of the South African entities that are listed below - 

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  • Comninos Law 

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  • 4  HOW TO USE THE ACT TO ACCESS INFORMATION 

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(Information provided in terms of section 51(1)(b) of the Act) 

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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 in terms of the Act, 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, and at the prescribed fees. 

A guide on how to use the Act has been compiled by the SAHRC in terms of section 10 of the Act and is available on the SAHRC website (www.sahrc.org.za). Any queries should be directed to - 

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The South African Human Rights Commission
PAIA Unit
Research and Documentation Department
Postal Address: Private Bag 2700 Houghton 2041 South Africa T +27 (0)11 877 3600 

F +27 (0)11 403 0625 E paia@sahrc.org.za W www.sahrc.org.za 

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5

OVERVIEW OF COMNINOS LAW 

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Comninos Law is a Sole Proprietor and based in Johannesburg. 

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We offer a full complement of corporate and commercial legal services in core practice areas: Corporate and Commercial; Competition/Antitrust; Criminal law, Dispute Resolution: Family Law Litigation; Employment;; Pro Bono; Projects and Infrastructure; Technology, Media and Telecommunications; Real Estate and Trusts and Estates. 

Our clients include local, national and international companies across a broad range of sectors, ranging from emerging businesses to multinationals, as well as public sector organisations. 

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Comninos Law’s contact details 

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(Information required under section 51(1)(a) of the Act) 

5.1

Name of Body 

Physical & Postal Addresses 

Head of Body 

Comninos Law 

Johannesburg Office - 

Physical  UNIT 4 33 CUMBERLAND AVENUE , VANDIA GROVE, JHB, RSA

Postal Private Bag 783596 SANDTON

Name: JOHN COMNINOS (MANAGING) 
T +27 (0)11 704 4047
E john@comninoislaw.co.za

Designated Information Officer
(Johannesburg,) 

Name: JOHN COMNINOS 

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  1. 5.2  Information freely available from Comninos Law 

(Copy of notice, if any, required under section 51(1)(c) of the Act) 

No notice has been published in terms of section 52. However, certain information is freely available at Comninos Law's offices. This information consists of recent editions of Comninos Law's "Matters" newsletter, other special publications and brochures and Comninos Law's annual report. 

  1. 5.3  Information kept by Comninos Law in accordance with other legislation 

(Information required under section 51(1)(d) of the Act) 

Records are kept in accordance with legislation applicable to Comninos Law, which includes but is not limited to, the following - 

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  • 􏰀  Administration of Estates Act, No.66 of 1965; 

  • 􏰀  Attorneys Act, No. 53 of 1979; 

  • 􏰀  Basic Conditions of Employment Act, No. 75 of 1997; 

  • 􏰀  Companies Act, No. 61 of 1973 (repealed, save for chapter 14); 

  • 􏰀  Companies Act, No. 71 of 2008; 

  • 􏰀  Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993; 

  • 􏰀  Competition Act, No. 89 of 1998; 

  • 􏰀  Consumer Protection Act, No. 68 of 2008; 

  • 􏰀  Copyright Act, No. 98 of 1978; 

  • 􏰀  Currency and Exchanges Act, No. 9 of 1933; 

  • 􏰀  Credit Agreements Act, No. 75 of 1980 (repealed); 

  • 􏰀  Debt Collectors Act, No. 114 of 1998; 

 

  • 􏰀  Electronic Communications and Transactions Act, No. 25 of 2002; 

  • 􏰀  Employment Equity Act, No. 55 of 1998; 

  • 􏰀  Financial Intelligence Centre Act, No. 38 of 2001; 

  • 􏰀  Income Tax Act, No. 58 of 1962 (Section 75) (repealed); 

  • 􏰀  Labour Relations Act, No. 66 of 1995; 

  • 􏰀  Medical Schemes Act, No. 131 of 1998; 

  • 􏰀  National Credit Act, No. 34 of 2005; 

  • 􏰀  Occupational Health and Safety Act, No. 85 of 1993; 

  • 􏰀  Pension Funds Act, No. 24 of 1956; 

  • 􏰀  Protection of Personal Information Act, No.4 of 2013; 

  • 􏰀  Regulation of Interception of Communications and Provision of Communication- Related Information Act, No. 70 of 2002; 

  • 􏰀  Stamp Duties Act, No. 77 of 1968 (repealed); 

  • 􏰀  Skills Development Act, No. 97 of 1998; 

  • 􏰀  Skills Development Levies Act, No. 9 of 1999; 

  • 􏰀  Tax on Retirement Funds Act; No. 38 of 1996; 

  • 􏰀  Trade Marks Act, No. 194 of 1993; 

  • 􏰀  Trust Property Control Act, No. 57 of 1988; 

  • 􏰀  Unemployment Insurance Act, No. 63 of 2001; 

  • 􏰀  Unemployment Insurance Contributions Act, No. 4 of 2002; 

  • 􏰀  Value Added Tax Act, No. 89 of 1991. 

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Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act. 

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5.4 Information held by Comninos Law in terms of the Act 

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(Information required under section 51(1)(e) of the Act) 

NOTE

This section of the Manual sets out the categories and descriptions of records held by Comninos Law. The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records. 

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CATEGORIES OF RECORD 

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DESCRIPTION OF RECORD 

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Financial Records 

􏰀 Annual financial statements of Comninos Law 

􏰀 Tax returns of Comninos Law 

􏰀 Accounting records of Comninos Law 

􏰀 Banking records of Comninos Law 

􏰀 Audit reports conducted for Comninos Law 

􏰀 Invoices in respect of creditors and debtors of Comninos Law 

􏰀 Fidelity Fund certificates 

􏰀 Bank facilities and account details 

Company Records 

􏰀 Documents of incorporation 

􏰀 Memorandum and Articles of Association 

􏰀 Share register and other statutory registers 

􏰀 List of employees 

􏰀 Contracts of employment with employees of Comninos Law 

Human Resources 

􏰀 Personnel records of each employee of Comninos Law 

 

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􏰀 Disciplinary records 

􏰀 Compensation or redundancy payments 

􏰀 Records relating to conditions of employment 

􏰀 Employment equity plan of Comninos Law 

􏰀 Pension and provident fund records 

􏰀 Employee tax information 

􏰀 Training schedules and manuals 

􏰀 Agreements with clients of Comninos Law 

  • 􏰀  Files relating to client matters 

  • 􏰀  Payroll records 

  • 􏰀  Internal policies and procedures 

Comninos Law Clients 

􏰀 Client documentation in terms of Financial Intelligence Centre Act No. 38 of 2001 

􏰀 Correspondence with clients 

􏰀 Correspondence with third parties 

􏰀 Records regarding legal proceedings involving clients at Cliffe Dekker 

􏰀 Research conducted on behalf of clients of Comninos Law 

􏰀 Other information relating to, or held on behalf of Comninos Law clients 

􏰀 Licences relating to intellectual property rights 

􏰀 Records relating to domain names 

Intellectual 

􏰀 Trade-marks, copyrights and designs held by Comninos Law 

 

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Property 

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􏰀 Software licences 

Immovable and Movable Property 

􏰀 Agreements for the lease of immovable property by Comninos Law 

􏰀 Agreements for the lease or sale of movable property by Comninos Law 

􏰀 Records regarding insurance in respect of movable property 

􏰀 Records regarding insurance in respect of immovable property 

􏰀 Asset register 

Information Technology 

􏰀 Records regarding computer systems and programmes held by Comninos Law 

􏰀 Precedent database 

Library Information 

􏰀 Electronic and hard copy publications of books, periodicals, circulars, and legislation 

Website 

􏰀 Comninos Law's website address is www.comninoslaw.co.za and is accessible to anyone who has access to the Internet. 

The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors' résumés and contact details. 

In addition, the graduate recruitment website is www.apply4law.co.za and is accessible to anyone who has access to the Internet. 

 

Miscellaneous 

􏰀 Security agreements, guarantees and indemnities 

􏰀 Marketing agreements 

􏰀 Internal correspondence 

􏰀 Suretyship agreements 

􏰀 Correspondence with the LEGAL PRACTICE COUNCIL 

 

5.5

5.5.1

Request Procedures 

Records, whether specifically listed in this Manual or not, will only be made available subject to the provisions of the Act. 

Form of request 

The Requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer at the address, fax number or electronic mail address of the body concerned [See s 53(1) of the Act].

The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed [See s 53(2)(a) and (b) and (c) and (e) of the Act]. 

The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [See s 53(2)(d) of the Act]. 

If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body [See s 53(2)(f) of the Act]. 

Fees

A Requester who seeks access to a record containing personal information about that Requester is not required to pay the request fee. 

Every other Requester, who is not requesting access to a record containing personal information about him/her or itself, must pay the required request fee. 

5.5.2

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􏰀 Agreements with suppliers of Comninos Law 

􏰀 Correspondence of Comninos Law, including internal and external memoranda 

 

The Information Officer must by notice require the Requester (other than a personal Requester) to pay the prescribed request fee (if any) before further processing the request [See s 54(1) of the Act]. 

The fee that the Requester must pay to a private body is R50. The Requester may lodge an application to the court against the tender or payment of the request fee [See s 54(3)(b) of the Act]. 

If access to a record/s is granted by Comninos Law, the Requester may be required to pay an access fee for the search for and preparation of the records and for re-production of the record/s. 

The access fees which apply are set out below (Part III of Annexure A of the Regulations to the Act). Comninos Law can without a record/s until such access fees have been paid. 

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Reproduction

1. Photocopy of an A4-size page or part thereof 

Fee (Rand) 

R1.10 per page

2. 

Printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form 

R0.75 per page 

3. 

A copy of, in a computer readable form on- 

  • Stiffy disc 

  • Compact disc 

R7.50 R70.00 

4. 

Transcription of visual images on an A4-size page or part thereof 

R40.00 per page 

5. Copy of visual images 

7. Copy of an audio record 

R60.00

R30.00

6. 

Transcription of an audio record on an A4-size page or part thereof 

R20.00 

 

  1. 5.5.3  Decision on request

  2. After the Information Officer has made a decision on the request, the Requester will 

be notified using the required form. 

If the request is granted then a further access fee must be paid for reproduction, for search and preparation, and for any time that has exceeded the prescribed hours to search for and prepare the record for disclosure [See s 54(6) of the Act]. 

  1. 5.5.4  Grounds of refusal of access 

In terms of Part 3, Chapter 4 of the Act Comninos Law may and in certain instances must refuse access to records on the grounds set out in the Act. The grounds include: 

  • professional privilege; 

  • that the record constitutes privileged information for the purposes of legal 

proceedings; 

  • that it is necessary to protect the commercial information or the confidential information of a third party; 

  • that it is necessary to protect the commercial information of or of Comninos Law; 

  • that it is necessary to protect the safety of individuals or property; 

  • that it is necessary to protect the research information of a third party or of Comninos Law.

and 

  • that granting access would result in the unreasonable disclosure of personal information about a third party. 

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6 RECORDS OR INFORMATION NOT FOUND 

If, after all reasonable steps to locate a record have been taken, and no record is found, then the Information Officer will notify the Requester, by way of an affirmation or affidavit that access to the requested and titled document cannot be provided. The affirmation or affidavit will include detailed account of the steps taken to try locate the record. 

Should a record be found at a later stage, the Information Officer shall provide the Requester access to such record, unless access to the record is refused on the grounds permitted by the Act (Part 3, Chapter 4). 

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  1. 7  OTHER INFORMATION HELD BY COMNINOS LAW AS PRESCRIBED 

(Other information as may be prescribed under section 51(1)(f)) 

The Minister of Justice and Constitutional Development has to date not made any regulations regarding disclosure of other information. 

  1. 8  AVAILABILITY OF THE MANUAL 

(Availability of Manual under section 51(3)) 

This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Comninos Law. Copies of the Manual may be made, subject to the prescribed fees. 

Copies may also be requested from the South African Human Rights Commission. 

The Manual is also posted on Comninos Law's website referred to above. 

 

  1. 9  PRESCRIBED FORMS AND FEE STRUCTURE 

(Prescribed forms and fee structure in respect of private bodies s 53 and 54 of the Act) 

The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the 'regulations' section as well as the SAHRC website (www.sahrc.org.za).

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