Paul Farinha Attorneys

 

PAIA Manual

INTRODUCTION 
 
Paul Farinha Attorneys conducts a Legal Practice. The firm consists of various staff members and provides general legal services which include Litigation, Commercial, Family, and Estate related matters. 
 
CONTACT DETAILS AND INFORMATION REQUIRED UNDER SECTION 51 (1)(a) 
 
Mr. Paul Farinha is the head of the practice and can be contacted at the address and telephone numbers set out in Annexure “A” attached here to. 

GUIDE IN TERMS OF SECTION 10 OF THE ACT (Section 51(1)(b) of the Act) 
 
In terms of Section 10 of the Act, a guide has been compiled by the South African Human Rights Commission containing such information as may be required by a person who wishes to exercise any right contemplated in the Act. The guide has been made available in all official languages by the SAHRC and is obtainable from the SAHRC. 
 
Contact details of the South African Human Rights Commission are as follows: 
PAIA Unit The Research and Documentation Department Private Bag 2700 HOUGHTON 2041 Telephone: +27 11 484 8300 Fax: +27 11 484 0582/1360 
 
NOTICE(S) IN TERMS OF SECTION 52(2) OF THE ACT (Section 51(1)(c) of the Act) 
 
At this stage no notice(s) has / have been published. 
 
RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION (Section 51(1)(d) of the Act) 
 
Paul Farinha Attorneys has available, or has access to the information required by the following legislation. 
 
This list is not necessarily exhaustive.  
 

  • Companies Act 61 of 1973 
  • Companies Act 71 of 2008 
  • Income Tax Act 58 of 1962  
  • Value Added Tax Act. 89 of 1991  
  • Occupational Health and Safety Act, Nr. 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  
  • Employment Equity Act 55 of 1998  
  • Skills Development Act of 1998 


CATEGORY

DESCRIPTION OF INFORMATION 

DISCLOSURE 

1

Public Access document 

May be disclosed 

2

Subject to copyright 

May be disclosed 

3

Personal information of requester 

Limited disclosure 

4

Member access document 

Limited disclosure 

5

Sub judice, pending court proceedings 

May not be disclosed 

6

Unreasonable disclosure of personal information of individual or group 

May not be disclosed 

7

Likely to harm the commercial interests of a third party 

May not be disclosed 

8

Likely to harm the partner of third parties in negotiations 

May not be disclosed 

9

Would amount to a breach of confidence in contract with a third person 

May not be disclosed 

10

Likely to compromise the safety of individuals or protection of property 

May not be disclosed 

11

Legally privileged documents 

May not be disclosed 

12

Commercial information of holder 

May not be disclosed 

13

Likely to prejudice research and development information of holder or third party 

May not be disclosed 

INFORMATION THAT MAY BE REQUESTED IN TERMS OF THE ACT 

 
The following information is held by Paul Farinha Attorneys and may or may not be disclosed, and as is evident below. 
 

  • Financial Records 
  • Employee documents 
  • Client records 

 
THE REQUEST PROCEDURES 

(Section 53 of Act) 
 
FORM OF REQUEST 
 

  • The requester must use the prescribed form attached hereto as Annexure “B” to make the request for access to a record. This must be made to the head of Paul Farinha Attorneys. This request must be made to the address, fax number or electronic mail address of the body concerned. 
  • The requester must provide sufficient detail on the request form to enable the Paul Farinha Attorneys to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. 
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right. 
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of Paul Farinha Attorneys. 

FEES  

(Section 54 of the Act) 
 
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 a personal requester, must pay the required request fee. 
 

  • The head of Paul Farinha Attorneys must 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. 
  • After the head of Paul Farinha Attorneys has made a decision on the request, the requester must be notified in the required form. 
  • If the request is granted then a further access fee must be paid for the search, reproduction, and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. 

AVAILABILITY OF THE MANUAL (Section 51(3) of the Act) 
 

  • This manual is available for inspection at the offices of Paul Farinha Attorneys, free of charge.  
  • Copies of the manual may be obtained, subject to the prescribed fees, at the offices of Paul Farinha Attorneys. 
  • The fee structure can be obtained on the SAHRC website www.sahrc.org.za or the website of the Department of Justice and Constitutional Development www.doj.gov.za