PAIA Manual

This manual is published in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA). Its purpose is to inform you of:

• The categories and description of records held by Manala & Co Incorporated;
• How to request access to those records; and
• The grounds on which access may be refused.

The manual is intended to facilitate the exercise of the constitutional right of access to information held by private bodies, while also recognising the legitimate protections that apply to confidential, privileged and personal information.

Section 32 of the Constitution of the Republic of South Africa, 1996 guarantees the right of access to any information held by the State and to information held by another person that is required for the exercise or protection of any rights.

PAIA gives effect to this constitutional right by providing a statutory framework for requesting access to records held by private bodies, subject to defined grounds for refusal. This manual sets out how a request for access to records held by the firm may be made.

A request for access to a record held by Manala & Co Incorporated must be made in writing on the prescribed PAIA request form (Form C), which is available from the Information Regulator’s website at inforegulator.org.za.

The completed form must:

• Provide sufficient particulars to enable the firm to identify the requester and the record requested;
• Indicate the form of access required (inspection, copy, transcript, etc.);
• Specify a postal address or fax number in South Africa;
• Indicate the right the requester is seeking to exercise or protect; and
• Explain why the record is required for the exercise or protection of that right.

Requests should be sent to the Information Officer using the contact details in Section 4. The firm will respond to the request within the period prescribed by PAIA.

A prescribed request fee and, where applicable, an access fee, may be payable in accordance with the PAIA regulations. The Information Officer will advise the requester of any fees payable.

Requests for access to records held by the firm should be directed to:

The firm holds records in the following categories. The fact that a record is listed does not mean that access to it will automatically be granted — access remains subject to PAIA and the grounds for refusal set out below.

• Client matter records — correspondence, pleadings, opinions and other documents created in the course of mandates (subject to legal privilege and confidentiality);
• Firm records — company registration documents, statutory records, internal policies and procedures;
• Financial records — accounting records, invoices and tax-related documentation;
• Human resources records — personnel records of staff (subject to POPIA and applicable labour law);
• Operational records — IT, security and administrative records relating to the running of the practice; and
• Other records — records that may be held from time to time in the ordinary course of business.

Access to a record may be refused on mandatory or discretionary grounds set out in PAIA. Common grounds include:

• Legal privilege — records subject to legal professional privilege;
• Privacy — disclosure would constitute an unreasonable disclosure of personal information about a third party (including a natural person or a juristic person in certain respects);
• Commercial information — trade secrets, financial, commercial, scientific or technical information of a third party that would be likely to cause harm if disclosed;
• Confidential information — information supplied in confidence the disclosure of which would put the firm or a third party at a disadvantage;
• Safety and security — disclosure could endanger the safety of individuals or property; and
• Legal proceedings — records prepared for, or in contemplation of, legal proceedings.

Where access is refused, the Information Officer will inform the requester of the reasons for refusal and of the right to lodge an internal appeal or complaint with the Information Regulator.