Access to information

Manual of Webber Wentzel in terms of The Promotion of Access to Information Act 2 of 2000 (the Act)

Introduction to Webber Wentzel

Webber Wentzel is a partnership which conducts business as a law firm. Webber Wentzel has offices in Johannesburg, Cape Town and London.

Mr WMH Thompson has been duly appointed by the head of Webber Wentzel, 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 WMH Thompson General Manager
Postal Address	Webber Wentzel
	P O Box 61771
	Marshalltown
	2107
	South Africa
Physical address:	10 Fricker Road
	Illovo Boulevard
	Johannesburg
	2196
	South Africa
Telephone:	+27 11 530 5700
Facsimile:	+27 11 530 6700
E-mail:	Contact Murray Thompson

2. The Guide

Please direct any queries to:

The South African Human Rights Commission:

PAIA Unit
The Research and Documentation Department

Postal address:	Private Bag 2700
	Houghton
	2041
Telephone:	+27 11 484 8300
Facsimile:	+27 11 484 0582
Website:	www.sahrc.org.za
E-mail:	PAIA@sahrc.org.za

3. Records available in terms of other legislation

3.1 Pension Funds Act 24 of 1956 - The rules of the Webber Wentzel Staff Provident Fund utilised by Webber Wentzel, as well as the last revenue account and balance sheet of such funds, are available for inspection at the offices of the Registrar of Pension Funds.

3.2 Employment Equity Act 55 of 1998 - Webber Wentzel has lodged a copy of its employment equity report at the Department of Labour.

4. Access to records held by Webber Wentzel 

(i) Subjects and categories of records held by Webber Wentzel 

Note: This section of the Manual sets out the subject and categories of records held by Webber Wentzel. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories 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.

4.1 Incorporation documents

Partnership agreement of Webber Wentzel.

4.2 Constitution of Webber Wentzel 

4.2.1 List of the partners at Webber Wentzel.
4.2.2 Power of attorney agreements and a list of persons authorised to bind Webber Wentzel.
4.2.3 Minutes of meetings of the partners of Webber Wentzel.
4.2.4 Minutes of meetings of committees and sub-committees.
4.2.5 Minute books and internal resolutions of Webber Wentzel.

4.3 Financial records of Webber Wentzel 

4.3.1 Accounting records, books and documents of Webber Wentzel.
4.3.2 Interim and annual financial reports of Webber Wentzel.
4.3.3 Details of auditors of Webber Wentzel.
4.3.4 Auditors' reports in respect of audits conducted on Webber Wentzel.
4.3.5 Details of actuaries of the pension fund and the provident fund utilised by Webber Wentzel.
4.3.6 Invoices in respect of both creditors and debtors of Webber Wentzel.
4.3.7 Tax returns of Webber Wentzel.
4.3.8 Other documents and agreements relating to taxation.
4.3.9 Other financial records of Webber Wentzel.

4.4 Banking details of Webber Wentzel 

4.4.1 Indebtedness to bankers.
4.4.2 Bank facilities and accounts details.
4.4.3 Bank statements.
4.4.4 The level of overdraft and other borrowings of Webber Wentzel.
4.4.5 Other financial commitments of Webber Wentzel.
4.4.6 Other banking records.

4.5 Human resources / employment records

4.5.1 List of employees.
4.5.2 Contracts and/or documentation pertaining to arrangements with partners.
4.5.3 Contracts of employment with employees of Webber Wentzel.
4.5.4 Personnel files in respect of each employee of Webber Wentzel.
4.5.5 Disciplinary records and documentation pertaining to disciplinary proceedings.
4.5.6 Documents relating to employee benefits.
4.5.7 Compensation or redundancy payments.
4.5.8 Employment equity plan of Webber Wentzel.
4.5.9 Skills development programme of Webber Wentzel.
4.5.10 Pension and/or provident fund agreement.
4.5.11 Training manuals.
4.5.12 Other information relating to employees of Webber Wentzel.

4.6 Intellectual Property

4.6.1 Trade-marks, copyrights and designs held by Webber Wentzel.
4.6.2 Records relating to domain names held by Webber Wentzel.
4.6.3 Licences relating to intellectual property rights.
4.6.4 Other agreements relating to intellectual property rights.

4.7 Information pertaining to clients of Webber Wentzel 

4.7.1 Agreements with clients of Webber Wentzel.
4.7.2 Documentation and other information received from clients, including documentary information required in compliance with the Financial Intelligence Centre Act 38 of 2001.
4.7.3 Documentation and other information received from third parties.
4.7.4 Correspondence with clients.
4.7.5 Correspondence with third parties.
4.7.6 Research conducted on behalf of clients of Webber Wentzel.
4.7.7 Information prepared by partners and employees of Webber Wentzel for clients, including opinions, memoranda and reports.
4.7.8 Records pertaining to legal proceedings involving clients of Webber Wentzel.
4.7.9 Other information relating to, or held on behalf of, clients of Webber Wentzel.

4.8 Library information

4.8.1 Precedent agreements.
4.8.2 Information circulars.
4.8.3 Publications.
4.8.4 Other information held by the library of Webber Wentzel.

4.9 Insurance records

Insurance policies taken out for the benefit of Webber Wentzel and its employees, including:

4.9.1 group life assurance and disability income protection insurance;
4.9.2 insurance in respect of the property occupied by Webber Wentzel.
4.9.3 insurance in respect of the movable property of Webber Wentzel.
4.9.4 professional indemnity insurance in respect of Webber Wentzel.
4.9.5 fidelity insurance in respect of trust monies and client investment monies held by Webber Wentzel.
4.9.6 third party insurance in respect of passengers in vehicles driven by Webber Wentzel staff.

4.10 Immovable and movable property

4.10.1 Agreements for the lease of immovable property by Webber Wentzel.
4.10.2 Agreements for the lease or sale of movable property by Webber Wentzel.
4.10.3 Credit sale agreements and/or hire purchase agreements.
4.10.4 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.

4.11 Information technology

4.11.1 Computer software, support and maintenance agreements.
4.11.2 Other documentation pertaining to computer systems and computer programmes held by Webber Wentzel.

4.12 Miscellaneous agreements of Webber Wentzel 

4.12.1 Loans from third parties (including banks).
4.12.2 Loans to third parties.
4.12.3 Suretyship agreements.
4.12.4 Security agreements, guarantees and indemnities.
4.12.5 Agency, management and distribution agreements.
4.12.6 Marketing agreements.
4.12.7 Agreements with suppliers of Webber Wentzel.
4.12.8 Confidentiality and/or non-disclosure agreements.
4.12.9 Any other relevant agreements.

4.13 Correspondence

Correspondence of Webber Wentzel, including internal and external memoranda.

4.14 Information relating to legal proceedings

Records relating to legal proceedings involving Webber Wentzel.

(ii) The request procedures

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 head of Webber Wentzel. This request must be made to the address, fax number or electronic mail address of the head of Webber Wentzel.
• The requester must provide sufficient detail on the request form to enable the head of Webber Wentzel 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 head of Webber Wentzel.

Fees:

• The head of Webber Wentzel 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 head of Webber Wentzel 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 at the offices of Webber Wentzel free of charge. Copies are also available with the SAHRC and in the Government Gazette.

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 Department of Justice and Constitutional Development, www.doj.gov.za.