PAIA

PAIA MANUAL

1. INTRODUCTION

This Manual is made in accordance with Chapter 1 (Part 3) of the Promotion of Access to Information Act No. 2 of 2000 (hereinafter “PAIA”) which gives effect to Section 32 of the Constitution of the Republic of South, 1996 – the right of access to information held by Public or Private Bodies when such information is required for the exercise or protection of any rights.

ZI Attorneys Inc. is a personal liability company registered and incorporated under the laws of South Africa with Registration Number: 2020/119573/21 which offers a wide range of legal services. ZI Attorneys Inc. recognises that the right to information may be limited to an extent as long as limitations (including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient, and good governance) are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in Section 36 of the Constitution of the Republic of South Africa, 1996.

2. DEFINITIONS

“ZI Attorneys Inc.” means a personal liability company registered and incorporated under the laws of South Africa with Registration Number: 2020/119573/21 which offers a wide range of legal services;

“Client” means a natural or juristic person who or which receives services from ZI Attorneys Inc;

“Correspondence” means any written and/or electronic communication exchanged between two or more parties;

“Data Subject” means the natural or juristic person to whom Personal Information relates to;

“Employee” means any person who works for, or provides services to, or on behalf of ZI Attorneys Inc.;

“Information Officer” means ZI Attorneys Inc. designated information officer as per paragraph 16 of this Manual;

“Policy” means this document, together with all annexures thereto as amended and made available on our website and our offices from time to time;

“POPIA” means the Protection of Personal Information Act No. 4 of 2013, together with any regulations published from time to time;

“Personal Information” has the meaning ascribed thereto under POPIA;

“Processing” has the meaning ascribed thereto under POPIA;

“Requester” means any natural or juristic person requesting access to a record that is under the control of ZI Attorneys Inc.;

“Records” means any recorded information in relation to a private or public body, regardless of form or medium; which is possession or under the control of ZI Attorneys Inc.;

“Third Party” means any independent contractor, agent, or any other representative of ZI Attorneys Inc.

3. PURPOSE OF POLICY

The purpose of this policy is to assist natural/juristic persons who may want to access to information (documents, records, and/or Personal Information) from ZI Attorneys Inc. as contemplated under PAIA. It sets out the procedural and other requirements as prescribed by PAIA, which must be met before a Requester can access to any records and/or Personal information held by ZI Attorneys Inc.

4. PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA

This PAIA Manual complies with POPIA, which gives effect to Section 14 of the Constitution of the Republic of South Africa, 1996 which provides for the right to privacy, and regulates the manner in which personal Information may be processed. Section 9 of PAIA recognises that the right to access to information is subject to a justifiable limitation, as is with all our constitutional rights, which is the protection of privacy.

As such, ZI Attorneys Inc. shall only process a Data Subject’s Personal Information where:

• Consent of the Data Subject (or competent person where Data Subject is a child) is obtained;
• Processing is necessary to carry out the actions for the conclusion of a contract to which a Data Subject is party;
• Processing complies with an obligation imposed by law on ZI Attorneys Inc.
• Processing is necessary to pursue the legitimate interests of ZI Attorneys Inc. or of a third party to whom the information is supplied; and/or
• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in ZI Attorneys Inc.

ZI Attorneys Inc. will ensure that the manner and reason for which the Personal Information will be processed clear to the Data Subject.

Further, ZI Attorneys Inc. shall only retain such Personal Information for as long as is necessary to accomplish its legitimate business purposes or for as long as it may be permitted by applicable law.

For more information regarding how ZI Attorneys Inc. processes Personal Information in respect of its Data Subjects, please see our Privacy Policy here.

5. PAIA GUIDE COMPILED BY THE INFORMATION REGULATOR

The Information Regulator, established in terms of Section 39 of POPIA, oversees the regulatory functions relating to PAIA. The Information Regulator must, as prescribed by Section 10 of PAIA, update and make available the existing guide that was previously compiled by South African Human Rights Commission, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA. This guide is available in English, Sesotho and Afrikaans and is available on the  Information regulator website at https://inforegulator.org.za/information-regulator-paia-manuals/

6. RECORDS HELD BY ZI ATTORNEYS INC. IN TERMS OF PAIA

This section set outs the categories of information and/or records held by ZI Attorneys Inc. Please note that the inclusion of any category of records does not mean that any/all information falling underneath that specific category will be made available under PAIA. ZI Attorneys Inc. reserves the right to refuse access to certain information and/or records as set out in PAIA (Chapter 4).

CATEGORY	DESCRIPTION
Client Information	Client documentation in respect of Financial Intelligence Centre Act No. 38 of 2001;Correspondence with clients; Correspondence with third parties; Records regarding legal proceedings involving clients at ZI Attorneys Inc.; Research conducted on behalf of clients of ZI Attorneys Inc. Other information relating to or held by ZI Attorneys Inc. on behalf of its clients.
Company Records	Company name documents; Company registration documents; Memorandum of Incorporation; Share Register and other statutory registers; Minutes of meetings.
Financial Information	Annual financial statements; Tax Returns; Audit reports conducted for ZI Attorneys Inc.; Invoices in respect of creditors and debtors of ZI Attorneys Inc.; Fidelity Fund certificates; Banking facilities and account details; Formal books of account and other financial statements; Source documents; Banking records. Management reports.
Human Resources Records	List of employees; Contracts of Employment with employees of ZI Attorneys Inc. Personnel records of each employee of ZI Attorneys Inc; Disciplinary records; Employee tax information; Payroll records; Agreements with clients of ZI Attorneys Inc.; Files relating to client matters; Internal policies and procedures
Immovable and Movable Property Records	Agreements for the lease of immovable property by ZI Attorneys Inc.; Records relating to insurance in terms of movable property; Records relating to insurance in terms of immovable property; Asset register.
Information Technology	Records regarding computer systems and programmes held ZI Attorneys Inc. Precedent database.
Intellectual Property	Records relating to domain names.
Marketing	Website – Our address is https://attorneys-at-law.org.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; literature and our contact details. Marketing materials.
Miscellaneous	Security agreements, guarantees and indemnities; Internal correspondence; Correspondence with the Legal Practice Council; Agreements with suppliers of ZI Attorneys Inc. Correspondence of ZI Attorneys Inc. including internal and external memoranda.

7. INFORMATION KEPT BY ZI ATTORNEYS INC. IN RESPECT OF OTHER LEGISLATION

Records are kept in accordance with legislation applicable to ZI Attorneys Inc. which includes, but is not limited to the following:

1. Administration of Estates Act No. 66 of 1965;
2. Basic Conditions of Employment Act No. 75 of 1997;
3. Companies Act No. 71 of 2008;
4. Consumer Protection Act No.68 of 2008;
5. Debt Collectors Act No. 114 of 1998;
6. Electronic Communications and Transactions Act No.25 of 2002;
7. Financial Intelligence Centre Act No. 38 of 2001;
8. Labour Relations Act No.66 of 1995;
9. National Credit Act No.34 of 2005;
10. Protection of Personal Information Act No.4 of 2013;
11. Tax Administration Act No.28 of 2011;
12. Value Added Tax Act No.89 of 1991

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 PAIA.

8. REQUEST PROCEDURE

Records, whether specifically listed in this Manual or not, will only be made available subject to the provisions of PAIA being complied with. A Requester may be given access to any information/record if:

1. That record is required for the exercise or protection of any rights;
   1. That person complies with the procedural requirements of PAIA relating to a request for access to that record; and
   1. Access to that record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of PAIA.

Form of request

A Requester must use the prescribed form to make the request for access to a record(s) held by ZI Attorneys Inc., which form is attached hereto, marked Annexure “A“. This form must be addressed to the Information Officer, whose contact details are listed paragraph 16 of this Manual.

The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. Further, the Requester must also indicate which form of access is required and specify his/her contact details which include, but is not limited to a postal address, fax number in the Republic or email address.

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.

Should a request be made on behalf of another person and/or a minor, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the Information Officer.

Prescribed Fees

The Information Officer must by notice require the Requester to pay the prescribed request fee (if any) before proceeding to process the request for access to information.

The prescribed fee that a Requester must pay to ZI Attorneys Inc. R140.00 Should a Requester dispute the prescribed fees, he/she may lodge an application to a competent court against the tender or payment of the request fee.

Decision on request

The Information Officer shall notify the Requester of its decision using the prescribed form, which form is attached hereto and marked as Annexure “B.”

Should the request be denied, the Information Officer by notice shall provide adequate reasons for refusal, including  the provisions of PAIA relied upon. A Requester has the right to either lodge a complaint with the Information Regulator or make an application to a competent court against the refusal of the request.

Should the request be granted, the Requester shall effect payment of the prescribed fees for access, search, and preparation as well as the reproduction of the requested documents.

Access fees and fees for reproduction:

If access to a record(s) is granted by ZI Attorneys Inc., the Requester must pay an access fee for the search and preparation of the record(s) and for the reproduction of the record(s).  The access fees which apply are set out below.

DESCRIPTION	FEES(ZAR)
The request fee payable by a Requester	R140.00
Photocopy of an A4-size page or part thereof  page provided in hard copy or via scanned copy sent by email	R2.00 per page
Printed copy of an A4-size page or part thereof  page	R2.00 per page
For a copy in a computer-readable format on: Flash drive (which must be provided by the Requester)Compact disc: If provided by Requester If provided to the Requester	R40.00   R40.00 R60.00
Transcription of visual images on an A4-sized page or part thereof   Copies of visual images	Services are outsourced therefore will depend on the quotation from the Service Provider
Transcription of an audio record on a A4-sized page or part thereof	R24.00
Copy of an audio record on: Flash drive (which must be provided by the Requester)Compact disc: If provided by Requester If provided to the Requester	R40.00   R40.00 R60.00
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.	R200.00
Postage, e-mail, or any other electronic transfer	R70.00

ZI Attorneys Inc. reserves its right to refuse access should the Requester not pay the prescribed fees up front.

9. RECORDS THAT CANNOT BE FOUND OR DO NOT EXIST

The Information Officer shall conduct a diligent search for all records requested by a Requester.

Should all reasonable steps have been taken to find the records requested  and there are reasonable grounds to believe that the records are lost or do not exist anymore, the Information Officer shall notify the Requester that it is not possible to give access to the requested record and an affidavit shall accompany this notice which shall include a full account of all steps taken to find the record and/or to determine whether it exists or not.

This notice shall be regarded as a decision to refuse access to the record concerned.

10. DEEMED REFUSAL OF REQUEST

Should an Information Officer fail to communicate a decision on a request, such request shall then be deemed to have been refused.

11. TIME PERIODS

All requests made to the Information officer shall be processed within 30 days, unless the request is of such a nature that requires an extension of the prescribed 30-day limit.

An extension of the 30-day limit is required in instances where:

1. The request is for a large number of records or requires a search through a large number of records which have been archived;
2. Consultation with third parties is necessary to decide upon the request
3. The requester consents in writing to such an extension

Should an extension be necessary, the requester shall be notified in writing and the Information Officer shall provide reasons for such an extension.

12. GROUNDS OF REFUSAL FOR ACCESS TO RECORDS

The Information Officer may deny access to records if:

1. the disclosure would involve the unreasonable disclosure of personal information about a third party (natural person), including a deceased individual;
2. the record contains (a) trade secrets of a third party, (b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party, or (c) information supplied in confidence by a third party the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations; or to prejudice that third party in commercial competition;
3. the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement;
4. the disclosure could reasonably be expected to endanger the life or physical safety of an individual;
5. the disclosure would likely prejudice or impair the security of (aa) a building, structure, or system, but not limited to, a computer or communication system; (bb) a means of transport; or (cc) any other property;
6. the disclosure would likely prejudicial or impair methods systems, plans or procedures for the protection of: (aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property
7. the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege; or
8. the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose: (a) the third party; (b) a person that is or will be carrying out the research on behalf of the third party; or (c) the subject matter of the research, to serious disadvantage.

Further, Information Officer may deny access to records if it:

1. contains trade secrets of ZI Attorneys Inc.;
2. contains financial, commercial, scientific, or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests Of ZI Attorneys Inc.;
3. contains information, the disclosure of which could reasonably be expected to (aa) put ZI Attorneys Inc. at a disadvantage in contractual or other negotiations; or to (bb) prejudice ZI Attorneys Inc. in commercial competition; or (cc) or if the record contains information about research being or to be carried out by or on behalf of ZI Attorneys Inc., whereby the disclosure of which would be likely to expose ZI Attorneys Inc., the person that is or will be carrying out the research on behalf of ZI Attorneys Inc. or the subject matter of the research, to serious disadvantage.

13. REMEDIES AVAILABLE ON REFUSAL OF ACCESS

ZI Attorneys Inc. does not have internal appeal procedures available should a request to access information be denied as the decision of the Information Officer is final and binding.

Should you not be satisfied with the outcome of your request, you are entitled to approach a court with competent jurisdiction to take the matter further.

14. AVAILABILITY OF MANUAL

This Manual shall be made available on our Website and at our offices for inspection during normal business hours, free of charge. Copies of this Manual may be made upon request and payment of the prescribed fees.

15. AMENDMENT OF THIS MANUAL

This manual shall be amended from time to time in accordance with any regulations under PAIA and it is your responsibility to check our Manual for any changes herein.

16. CONTACT DETAILS

Name of Firm:                     ZI Attorneys Inc.
Physical Address:                Unit 2, Block A, Cedar Tree Office Park, Fourways, Johannesburg
Director:                              Mr. Ziyaad Ismail
Information Officer:            Miss Sharon Kutukwa
Phone:                                 010 025 6000
Email:                                   info@attorneys-at-law.org.za