PAIA Manual

Promotion of Access to Information Act Manual

1. Introduction

This Manual is prepared in accordance with Section 51 of the Promotion of Access to Information Act No. 2 of 2000 ("PAIA"). The purpose of PAIA is to promote the right of access to information, to foster a culture of transparency and accountability in South Africa, and to encourage an open and democratic society.

Chauke & Mazibuko Attorneys Inc. ("the Firm") is a private body as defined in PAIA, and this Manual details the procedure to be followed by a Requester when requesting access to information held by the Firm.

2. Company Contact Details

Name of Body: Chauke & Mazibuko Attorneys Inc.

Head of Body: [Insert Director Name]

Information Officer: [Insert Information Officer Name]

Physical Address: [Insert Physical Address]

Postal Address: [Insert Postal Address]

Telephone: +27 12 345 6789

Email: info@chaukemazibuko.co.za

3. The PAIA Guide

The Information Regulator has compiled a Guide on how to use PAIA. This Guide is available in each of the official languages of South Africa and can be obtained from the Information Regulator.

The Information Regulator (South Africa)
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Email: inforeg@justice.gov.za
Website: https://www.justice.gov.za/inforeg/

4. Records Available Without a Request

The following records are automatically available without a person having to request access in terms of PAIA:

  • Newsletters and marketing material;
  • Pamphlets and brochures;
  • Information available on the Firm's website.

5. Records Available in Accordance with Legislation

Records are kept in accordance with the following legislation (where applicable):

  • Basic Conditions of Employment Act No. 75 of 1997
  • Companies Act No. 71 of 2008
  • Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
  • Consumer Protection Act No. 68 of 2008
  • 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
  • Labour Relations Act No. 66 of 1995
  • Legal Practice Act No. 28 of 2014
  • Occupational Health and Safety Act No. 85 of 1993
  • Protection of Personal Information Act No. 4 of 2013
  • Unemployment Insurance Act No. 63 of 2001
  • Value Added Tax Act No. 89 of 1991

6. Schedule of Records Held

The Firm holds the following categories of records. Please note that access to these records may be subject to the grounds of refusal set out in PAIA.

Human Resources

  • Employment contracts
  • Disciplinary records
  • Salary records
  • Leave records
  • Training records

Client Records

  • Client correspondence
  • Legal opinions and advice
  • Court documents and pleadings
  • Fee agreements and mandates
  • FICA documents

Financial Records

  • Annual financial statements
  • Tax returns
  • Accounting records
  • Bank statements
  • Invoices

Company Records

  • Memorandum of Incorporation
  • Minutes of meetings
  • Share registers
  • Director registers

7. Request Procedure

To request access to a record, please follow these steps:

  1. Complete the Form: The Requester must complete the prescribed form (Form C) available on the Information Regulator's website.
  2. Submit the Request: Submit the completed form to the Information Officer at the email or physical address provided in Section 2 above.
  3. Pay the Fees:
    • Request Fee: A non-refundable request fee of R50.00 is payable upon submission.
    • Access Fee: If the request is granted, an access fee is payable for the reproduction, search, and preparation of the records.
  4. Provide Details: 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 or fax number in the Republic.
  5. Right to Access: 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.

8. Grounds for Refusal of Access

The Firm may refuse access to records on the following grounds:

  • Mandatory protection of the privacy of a third party who is a natural person.
  • Mandatory protection of commercial information of a third party.
  • Mandatory protection of certain confidential information of a third party.
  • Mandatory protection of the safety of individuals and the protection of property.
  • Mandatory protection of records privileged from production in legal proceedings.
  • Commercial information of the Firm.
  • Mandatory protection of research information of a third party and of the Firm.

9. Remedies Available Upon Refusal

If a request for access is refused, the Requester may:

  • Apply to the Information Regulator for relief.
  • Apply to a court with appropriate jurisdiction for relief.

10. Availability of the Manual

This Manual is available for inspection at the offices of the Firm free of charge. Copies are also available on our website and from the Information Regulator.