PAIA Manual

1. About this manual

This manual explains how to request access to records held by Malata Incorporated ("the Firm"), a private body under PAIA. It also describes the personal information we process, as POPIA requires. The Constitution gives everyone the right of access to information held by another person that is needed to exercise or protect a right; PAIA sets out how that right is exercised against private bodies. This manual is meant to help you decide what to ask for and how. It is available on our website at www.malataincorporated.co.za, at our offices during business hours, and from the Information Regulator on request.

2. Who we are and how to contact us

Requests are addressed to the Information Officer at these details.

• Firm: Malata Attorneys Inc
• Head of the private body: Phoebe Malata, Director
• Physical and postal address: 133 Silverleaf Avenue, Birchleigh, Kempton Park, 1618
• Telephone: +27 64 762 6040
• Email for PAIA requests: info@malataincorporated.co.za
• Website: www.malataincorporated.co.za

3. The Information Regulator's guide

The Information Regulator has compiled a guide in each official language on how to use PAIA. It explains the rights of requesters and how to make a request, including how to complain. You can get the guide from the Information Regulator: inforegulator.org.za. Our staff can also help you find it.

4. Records held under other laws

We keep records as required by other South African legislation, where applicable to a law firm. These include:

• Legal Practice Act 28 of 2014 and the rules and Code of Conduct of the Legal Practice Council
• Companies Act 71 of 2008
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962 and Value-Added Tax Act 89 of 1991
• Basic Conditions of Employment Act 75 of 1997 and Labour Relations Act 66 of 1995
• Employment Equity Act 55 of 1998 and Skills Development Act 97 of 1998
• Unemployment Insurance Act 63 of 2001 and Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Occupational Health and Safety Act 85 of 1993
• Protection of Personal Information Act 4 of 2013
• Electronic Communications and Transactions Act 25 of 2002
• Consumer Protection Act 68 of 2008

This list is not a complete statement of every law that may apply. Records required by these laws may be available as those laws provide.

5. Categories of records we hold

This section describes records by subject. Listing a category does not mean the record will be disclosed. Access is subject to PAIA, including the grounds on which it must or may be refused.

• 5.1 Corporate records — incorporation documents, memorandum of incorporation, share and director registers, minutes and resolutions, statutory returns and registrations.
• 5.2 Financial and tax records — annual financial statements, accounting records, trust account records, audit reports, bank records, tax returns, VAT records, invoices and fee records.
• 5.3 Human resources records — employee and contractor files, employment contracts, payroll records, leave and attendance records, training records, recruitment and job application records, and health and safety records.
• 5.4 Client records — engagement letters and mandates, client identification and FICA records, matter files, correspondence, instructions, advice, court and tribunal documents, and billing records. These are protected by our duty of confidentiality and by legal professional privilege, and are generally not available to anyone other than the client.
• 5.5 Supplier and contractor records — supplier and service provider agreements, correspondence, and payment records.
• 5.6 Information technology records — systems documentation, access and security records, back-ups and website and email logs.
• 5.7 Marketing and communications records — website content, marketing material, newsletters, event records and contact lists.
• 5.8 Insurance and compliance records — professional indemnity and other insurance policies, claims records, policies and procedures, registers kept under POPIA and FICA, and records of regulator correspondence.
• 5.9 Property and assets — lease agreements, asset registers, and maintenance records.

6. Records available without a PAIA request

The following are available without a formal request, such as from our website or by asking us:

• General information about the Firm and its services
• This manual
• Our Privacy Policy and Terms of Use
• Public marketing material and published articles

7. How to request access

• You must complete the prescribed request form (currently Form 2 in the PAIA Regulations) and send it to the Information Officer at the address in section 2. We can give you the form on request, and you can also get it from the Information Regulator's website.
• Please give enough detail for us to identify the record and the requester. Say which form of access you want (for example, a copy or inspection), and whether you want to be informed of our decision in a particular way.
• If you are making the request for someone else, please provide proof of your authority to do so, to our reasonable satisfaction.
• If you cannot read or write, or have a disability, you may make the request orally, and we will help you complete the form.
• You must explain what right you are trying to exercise or protect and why the record is required for that right. This is a requirement for access to records of a private body.
• We will confirm that your request has been received, and may ask for further information to process it.

8. Fees

• PAIA allows a private body to charge a request fee and an access fee. The amounts are set by regulation and change from time to time. We will tell you what applies, using the current schedule published by the Minister of Justice or the Information Regulator.
• The request fee is payable before we start processing the request, unless you are a personal requester (someone asking for records about themselves), who does not pay it.
• If the access fee is expected to be significant, we may ask you for a deposit before we process the request. A deposit is refunded if your request is refused.
• The access fee covers reproduction, search and preparation costs, and postage where relevant.

9. Our decision

• We will decide within 30 days of receiving your request, and tell you of our decision in writing. We may extend this period once by up to 30 days, in the circumstances PAIA allows, and we will tell you if we do.
• If we refuse access, we will give you reasons, refer to the provision of PAIA we rely on, and tell you how to complain or go to court.
• If we cannot find a record, or it does not exist, we will tell you in an affidavit or affirmation explaining what we did to look for it.
• Where part of a record can be disclosed without revealing information that must be refused, we will give you that part.

10. Grounds for refusal

PAIA requires or allows us to refuse access in some cases. Those grounds include:

• Protecting the privacy of a natural person, including a deceased person, in a way that would be unreasonable
• Protecting the commercial information of a third party or of the Firm
• Protecting confidential information that we owe a duty of confidence to others to keep
• Protecting the safety of individuals and property
• Records that are privileged from production in legal proceedings, including client records covered by legal professional privilege, unless the privilege has been waived
• Protecting research information
• Requests that are manifestly frivolous or would substantially and unreasonably divert our resources
• Any other ground in PAIA

11. Remedies

If you are unhappy with our decision, you may complain to the Information Regulator (inforegulator.org.za), or apply to a court with jurisdiction. A complaint to the Information Regulator should generally be made within the period PAIA sets. Please check the current timeline with the Regulator.

12. Processing of personal information

This section is provided under section 51 of POPIA.

• 12.1 Purpose of processing — we process personal information to provide legal services, comply with legal and professional obligations including FICA, manage billing and trust accounts, communicate with clients and others, recruit and manage staff, manage suppliers, run and secure our systems and website, protect our rights, and conduct lawful marketing. Our Privacy Policy gives more detail.
• 12.2 Categories of data subjects — clients and prospective clients, the people and entities connected to them (such as directors, shareholders and beneficial owners), counterparties and their representatives, witnesses, suppliers and service providers, job applicants and employees, and visitors to our website.
• 12.3 Categories of personal information — identity and contact details, financial and tax information, information in matter files, FICA verification information, employment information, communication records and website usage data. In limited circumstances we also process special personal information, such as health or criminal record information, where the law allows.
• 12.4 Recipients — courts, tribunals and regulators, counsel, experts, correspondent attorneys, our insurers, auditors and professional advisers, banks, SARS and other authorities where the law requires, and service providers acting as operators on our behalf, such as IT, cloud and communication providers.
• 12.5 Planned transfers outside South Africa — some of our service providers may store or process information on servers outside South Africa. We transfer personal information abroad only where POPIA allows.
• 12.6 Security measures — we use access controls, encryption, secure backups, confidentiality undertakings for staff, supplier screening and written operator agreements. We review our measures periodically and will notify affected persons and the Information Regulator of a breach as POPIA requires.
• 12.7 Your rights — you may ask us to confirm whether we hold your personal information, to correct or delete it, and to object to processing. Forms for objections and for correction or deletion requests are available from the Information Regulator. Requests can be sent to our Information Officer.

13. Availability and updates

We will review this manual from time to time, and publish updated versions on our website. The version on our website is the current version.