PAIA Manual

Manual prepared in accordance with section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (as amended) (“PAIA”)

  1. Definitions
    • “Information Regulator” means the Information Regulator established in terms of section 39 of POPI;
    • “PAIA” means the Promotion of Access to Information Act, No. 2 of 2000 (as amended);
    • “POPI” means the Protection of Personal Information Act, No.4 of 2013 (as amended);
    • “PJ Legal”, “us”, “our” or “we” means Potgieter Joubert Inc.

 

  1. PAIA and POPI
    • Potgieter Joubert Incorporated (“PJ Legal”) is a private body for purposes of PAIA.
    • This Manual has been prepared in accordance with section 51 of PAIA.
    • The purpose of this Manual is to facilitate requests for access to information and records held by PJ Legal and deal with the relevant matters prescribed by PAIA.
    • This Manual will be updated from time to time as necessary.

 

  1. Our Contact Details

Postal address:      PostNet Suite #2017, Private Bag X2, Century City, 7446

Street Address:       Office SL201 (South Lobby), 4th Floor, Boulevard Place, Heron Close, Century City, 7441

Phone number:      +27 21 300 4045

Fax number:            N/A

Electronic mail address of the head of the body: info@pjlegal.co.za

 

  1. Section 10 - The Official Guide on how to use PAIA
    • Section 51(1)(b) of PAIA requires the manual of a private body to contain a description of the guide referred to in section 10 of PAIA, if available (“PAIA Guide”), and how to obtain access to it.
    • The Information Regulator has updated and made available the PAIA Guide in fulfilment of this obligation under section 10 of PAIA.
    • The purpose of the PAIA Guide is to contain such information as may reasonably be required by a person who wishes to exercise any rights contemplated in PAIA and POPI.
    • The PAIA Guide, which is available in all of South Africa’s official languages, may be accessed on the Information Regulator’s website (https://inforegulator.org.za/paia-guidelines/).
    • Queries regarding the PAIA Guide can be addressed to the Information Regulator:

Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017

Telephone: 010 023 5200

Website: https://inforegulator.org.za/

Email: enquiries@inforegulator.org.za

 

  1. The Latest Notice in terms of Section 52(2)
    • Section 51(1)(c) of PAIA requires the manual of a private body to contain the latest notice in terms of section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of PAIA.
    • Currently, no such notice has been published.

 

  1. Information Available in terms of PAIA
    • Categories of Information

We hold the following categories of information:

  • Accounting records and financial information.
  • Employee records.
  • Communication, including website content, internal and external correspondence, news and publications.
  • Client records.
  • Information technology.
  • Information relating to legal proceedings.
  • General records.
  • Client documents and records relevant to legal services being rendered.
  • Insurance policies and correspondence with insurers.
  • Information technology. Software packages, licences.
  • Intellectual Property.
  • Company records.

 

  • Procedure for Requesting Information
    • If you wish to request access to any of the above categories of information, you are required to complete a request form, and pay the prescribed fees. Details of the fees are contained in the request form.
    • The forms are available from our information officer, as well as the website of the Information Regulator (https://inforegulator.org.za/paia-forms/) or the Department of Justice and Constitutional Development (doj.gov.za).
    • It is important to note that access to any information or document is not automatic. You are required to identify the right you are seeking to exercise or protect, and explain why the record you are requesting is required by you for the exercise or protection of that right.
    • You will be notified in the manner indicated by you on the request form whether or not your request has been approved.

 

  1. Information available in terms of other legislation

We may keep records in terms of certain provisions of the following legislation (as applicable) as each may be amended from time to time:

  • Administration of Estates Act, No. 66 of 1965
  • Arbitration Act, No. 42 of 1965
  • 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 Act, No. 36 of 2006
  • Electronic Communications and Transactions Act, No. 25 of 2022
  • Financial Intelligence Centre Act, No. 38 of 2001
  • Income Tax Act, No. 58 of 1962
  • Insurance Act, No. 27 of 1943
  • Labour Relations Act, No. 66 of 1995
  • Legal Practice Act, No. 28 of 2014
  • Occupational Health and Safety Act, No. 85 of 1993
  • Prescription Act, No. 68 of 1969
  • Prevention and Combatting of Corrupt Activities Act, No. 12 of 2004
  • Prevention of Organised Crime Act, No. 121 of 1998
  • Promotion of Access to Information Act, No. 2 of 2000
  • Protection of Personal Information Act, No. 4 of 2013
  • Unemployment Contribution Act, No. 4 of 2002
  • Unemployment Insurance Act, No. 30 of 1996
  • Value Added Tax Act, No. 89 of 1991

 

  1. POPI
    • This PAIA manual is to be read together with our Data Privacy Policy in terms of POPI (“POPI Manual”).
    • The POPI Manual is published together with this PAIA manual and is available via our website (https://pjlegal.co.za/) or upon request from our information officer.
    • The POPI Manual contains, among other things, information that relates to:
      • the purposes for which personal information is processed;
      • the categories of data subjects in respect of which we process personal information, and the categories of information relating thereto;
      • the categories of recipients to whom we supply personal information;
      • any planned transborder flows of personal information; and
      • a description of the information security measures which we implement to ensure the confidentiality, integrity and availability of the personal information which we process.

 

  1. Availability of Manual

Our Manual, and any updated versions thereof from time to time, is available as follows, as required in terms of section 51(3) of PAIA:

  • on our website;
  • for inspection at our physical address as recorded above, during normal business hours;
  • to any person upon request and upon payment of a reasonable amount.

 

  1. General
    • Nothing in this Manual is intended, or should be construed, to be a waiver of the right to confidentiality of any document or any legal privilege or right of non-disclosure attaching to any document mentioned in this Manual, whether in terms of any legislation or in terms of common law. All rights in this regard are reserved.
    • Insofar as there is a conflict in the interpretation of or application of this Manual and PAIA or POPI, PAIA or the POPI Act (as the case may be) shall prevail.
    • This Manual does not purport to be exhaustive of or comprehensively deal with every procedure provided for in PAIA or all rights listed under POPI. The reader relying on any provisions of this Manual is advised to familiarise his/her/itself with the provisions of PAIA and POPI.