Banking Options

PROMOTION OF ACCESS TO INFORMATION ACT

Section 51 Manual

Introduction

This manual is published in terms of section 51 of the Promotion of Access to Information Act, 2000 (Act no. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides with the right of access to information held by the state and to information held by another person that is required for the exercise and/or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement to receive such information, other than in terms of the Act.

The Attorneys Fidelity Fund Functions And Overview

The Attorneys Fidelity Fund is a statutory body established and regulated by the provisions of the Attorneys Act of 1979. Its objective is to protect the public against loss as a result of theft of trust funds by practitioners. The Fund vests in and is administered by a Board of Control, which holds the Fund in trust for the purposes as defined in the Act.

The Attorneys Fidelity Fund supports the constitutional right of access to information and is committed to providing access to our records in accordance with the provisions of the Act, the confidentiality owed to third parties, and the principals of the laws of South Africa.

Availability Of The Section 51 Manual

A copy of this manual is available on the website www.fidfund.co.za or by sending a written request to the Information Officer as indicated below.  A copy of this manual may also be obtained from our officers at the address below as well as the South African Human Rights Commission. This manual will be updated from time to time, as and when required.

Contact Details

Name of Public Body The Attorneys Fidelity Fund
Designated Information Officer Mr M B Molefe
E-mail Address of Information Officer attorneys@fidfund.co.za
Postal Address P O Box 3062, Cape Town, 8000
Street Address 28 Wale Street, Cape Town, 8000
Telephone Number 021 424 5351
Fax Number 021 423 4819

Requests For Access To Records Held By The Attorneys Fidelity Fund

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for above.

Requests for access to records must be made on the request forms that are available on our website or from our office. All requests will only be processed once payment of the prescribed fee has been made.

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 indicate whether 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 of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a third party, the requester must then Submit proof of the capacity in which the requester is making the request, to the satisfaction of the Information Officer.

Kindly note that all requests to the Attorneys Fidelity Fund will be evaluated and considered in accordance with the Act. Publication of this manual and the description of the categories and subject matter of the information held by the Attorneys Fidelity Fund does not give rise to any rights to access such information or records except in terms of the Act.

How To Access The Guide As Described In Section 10 Of The Act

The guide described in section 10 of the Act will be available from the South African Human Rights Commission as at the end of August 2003.

Please direct any queries to:

The South African Human Rights Commission
PAIA UNIT
The Research and Documentation Department
Private Bag 2700
HOUGHTON
2041

Telephone: 011  484 8300
Fax : 011  484 0582
Website : http://www.sahrc.org.za/
E-Mail : paia@sahrc.org.za

Voluntary Disclosure In Terms Of Section 52 (2) of the Act

The Attorneys Fidelity Fund has not published a notice in terms of section 52(2) of the Act, however, it should be noted that the information relating to the operations of the Attorneys Fidelity Fund, is freely available on the website. Further information in the form of marketing brochures, advertising material and other public communications is made available from time to time.

Records Available In Terms Of Other Legislation

Information is available in terms of the following legislation to the persons or entities specified in such legislation:
Labour Relations Act 66 Of 1995
Basic Conditions Of Employment Act 75 Of 1997
Employment Equity Act 55 Of 1998
Skills Development Levies Act 9 Of 1999
Unemployment Insurance Act 30 Of 1966
Electronic Communications And Transactions Act 25 Of 2002
Occupational Health And Safety Act 85 Of 1993

Records Held By The Attorneys Fidelity Fund

The Attorneys Fidelity Fund maintains records under the following categories.  Please note that recording a category or subject matter in this manual does not imply that a request for access to such records will be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

8.1 Financial Records

  • Investment Records
  • Payroll Records
  • Financial Management Reports
  • Honoraria Records
  • Records Relating To Negotiations With The Banking Industry
  • General Financial Correspondence And Minutes

8.2 Internal Records

  • Administration Records
  • Building Administration Records
  • Business Development Program
  • Minutes of Meetings of the Board of Control and its Executive

Committee

  • Professional Indemnity Insurance Scheme
  • Statistics
  • Internal Records of communications with the Board Of Control
  • Corporate Governance
  • Liaison with The Law Society Of South Africa
  • Liaison with Statutory Law Societies
  • Legislation
  • Professional Affairs
  • Risk Management
  • Certificates To Practitioners
  • Contributions
  • Lease Agreements
  • Funding Requests and Reports related to the funding of

University Law Faculties and Law Clinics

  • Bursary Applications
  • IT Acquisitions and Maintenance Records and Minutes
  • Minutes of Internal Committee Meetings

8.3 Personnel Records

Personnel refers to any person who works for or provides a service to or on behalf of the Attorneys Fidelity Fund and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the Attorneys Fidelity Fund. This includes, without limitation, Directors, non-Directors or permanent, temporary and part-time staff as well as contract workers.

Personnel Records Include The Following:

  • Any personal records provided to the Attorneys Fidelity Fund by their Personnel
  • Any records a third party has provided to the Attorneys Fidelity Fund about any of their personnel
  • Contracts of Employment and salary particulars as well as all other personnel related contractual records
  • Internal Performance Evaluation Records
  • Other Internal Records and Correspondence

8.4 Claims Records

  • Claim Files
  • General Files
  • Brief To Counsel
  • Claims Department Templates
  • Claims Department Statistics
  • Correspondence and Reports related to Criminal Cases
  • Correspondence and Records relating to Excussion
  • Correspondence and Records relating to the Asset Forfeiture Unit
  • Correspondence and Records related to Excussion Panel Attorneys
  • Field Guide
  • Minutes of Claims Department Meetings
  • Correspondence and records related to MVA Claims
  • Records related to Regulation 8(Bis) Enquiries
  • Correspondence and records related to Striking Off Orders

Correspondence and records related to Striking Off Costs