PAIA Manual - Werth & Partner Inc. Attorneys

Prepared in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (as amended).

Table of Content

1. DEFINITIONS
2. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT
3. PURPOSE OF THE MANUAL
4. COMPANY INTRODUCTION
5. KEY CONTACT DETAILS (SECTION 51(1)(a))
6. THE GUIDE REFERRED TO IN SECTION 10 OF THE ACT (SECTION 51(1)(b)(i))
7. SECTION 52(2) NOTICE (SECTION 51(1)(b)(ii))
8. INFORMATION/DOCUMENTATION HELD IN ACCORDANCE WITH OTHER LEGISLATION (SECTION 51(1)(b)(iii))
9. FACILITATION OF A REQUEST FOR ACCESS (SECTION 51(1)(b)(iv))
10. RELATIONSHIP WITH THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013, AS AMENDED (‘POPIA’) (SECTIONS 51(1)(c)(i) – 51(1)(c)(iv))
11. AVAILABILITY OF THE MANUAL (SECTION 51(3))
12. UPDATING OF THE MANUAL

1. DEFINITIONS

The following expressions have the meanings assigned to them hereunder and cognate expressions bear corresponding meanings, namely –

1.1 “PAIA” Promotion of Access to Information Act No. 2 of 2000 (as amended);

1.2 “POPIA” Protection of Personal Information Act No.4 of 2013;

1.3 “REGULATOR” shall mean the Information Regulator of the REPUBLIC; and

1.4 “REPUBLIC” shall mean the REPUBLIC.

2. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT

2.1 PAIA was enacted on 3 February 2000 and aims to:

2.1.1 Foster and maintain a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information, as contained in Section 32 of the Constitution of the REPUBLIC; and

2.1.2 Actively promote a society in which the people of South Africa have effective access to information, in order to cultivate the full exercise and protection of their rights.

2.2 Pursuant to Section 51 of PAIA, all private bodies are required to compile a manual, for purposes of compliance in respect thereof.

2.3 Reference to, and inclusion of, any information herein, in addition to the information, which is specifically required in terms of Section 51 of PAIA, does not have the effect of creating any rights or entitlements to receive such information, unless it is so prescribed in terms of PAIA.

2.4 PAIA gives any person who seeks access to a record of a private or public body (hereinafter referred to as a “REQUESTER”), a right to lodge a request for access to the information officer of a public or private body.

2.5 PAIA provides that requests for access to a company’s prescribed information may be made to the company, and that the company is obliged to make such information available, subject to applicable legislative and/or regulatory requirements, unless such information is prohibited from release, in terms of PAIA.

3. PURPOSE OF THE MANUAL

This PAIA Manual is useful for the public to-

3.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

3.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

3.3 know the description of the records of the body which are available in accordance with any other legislation;

3.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

3.5 know the description of the guide on how to use PAIA, as updated by the REGULATOR and how to obtain access to it;

3.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

3.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;

3.8 know the recipients or categories of recipients to whom the personal information may be supplied;

3.9 know if the body has planned to transfer or process personal information outside the REPUBLIC and the recipients or categories of recipients to whom the personal information may be supplied; and

3.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

4. COMPANY INTRODUCTION

4.1 Werth and Partner Incorporated, with registration number 2018/260046/21 (hereinafter referred to as “Werth Legal”) is a personal liability company duly incorporated and registered in South Africa in accordance with the provisions of the Companies Act 71 of 2008, as amended, with its registered office situated at Knightsbridge Office Park, Ground Floor, Block C, 33 Sloane Street, Bryanston, 2191.

4.2 Werth Legal is a law firm which conducts business as attorneys and is involved in the provision of a range of legal services.

4.3 This manual of Werth Legal is available for viewing at its premises situated at Knightsbridge Office Park, Ground Floor, Block C, 33 Sloane Street, Bryanston, 2191, as well as on the Werth Legal’s website, which may be accessed at https://www.werthlegal.com/.

5. KEY CONTACT DETAILS (SECTION 51(1)(a))

5.1 Information Officer

Name: Volker Werth

Tel: 071 610 3364

Email: vwerth@werthlegal.com

5.2 Deputy Information Officer

Name: Dylan Rosenberg

Tel: 071 610 3364

Email: drosenberg@werthlegal.com

5.3 National or Head Office

5.4 Postal Address: Knightsbridge Office Park, Ground Floor, Block C, 33 Sloane Street, Bryanston, 2191.

5.5 Physical Address: Knightsbridge Office Park, Ground Floor, Block C, 33 Sloane Street, Bryanston, 2191.

Telephone: 071 610 3364

Email: contact@werthlegal.com

Website: https://www.werthlegal.com/

6. THE GUIDE REFERRED TO IN SECTION 10 OF THE ACT (SECTION 51(1)(b)(i))

6.1 The REGULATOR has, in terms of section 10(1) of PAIA, as amended, updated, and made available the revised Guide on how to use PAIA (“Guide”), 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.

6.2 The Guide is available in each of the official languages and in braille.

6.3 The aforesaid Guide contains the description of-

6.3.1 the objects of PAIA and POPIA;

6.3.2 the postal and street address, phone, and fax number and, if available, electronic mail address of-

6.3.2.1 the Information Officer of every public body, and

6.3.2.2 every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

6.3.3 the manner and form of a request for-

6.3.3.1 access to a record of a public body contemplated in section 11; and

6.3.3.2 access to a record of a private body contemplated in section 50;

6.3.4 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;

6.3.5 the assistance available from the REGULATOR in terms of PAIA and POPIA;

6.3.6 all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-

6.3.6.1 an internal appeal;

6.3.6.2 a complaint to the REGULATOR; and

6.3.6.3 an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the REGULATOR or a decision of the head of a private body;

6.3.7 the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

6.3.8 the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

6.3.9 the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and

6.3.10 the regulations made in terms of section 92.

6.4 Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the REGULATOR, during normal working hours.

6.5 The Guide can also be obtained-

6.5.1 upon request to the Information Officer;

6.5.2 from the website of the REGULATOR (https://www.justice.gov.za/inforeg/).

6.6 A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

6.6.1 English and Afrikaans.

7. SECTION 52(2) NOTICE (SECTION 51(1)(b)(ii))

7.1 At this stage, no notices have been published on the categories of records that are automatically available, without a person having to request access in terms of PAIA.

7.2 However, certain information is available without having to make a formal request as follows: –

Category of records	Types of records	Available by email	Available by website	Available upon request
Publicly Available Information	Memorandum of Incorporation Director’s names Incorporation Documents			X
Personnel Records (Only available to employees concerned)	Employment contracts and terms and conditions of employment Records of disciplinary hearings Payslips Company policies and procedures			X
Financial Information (Only available to Clients)	Banking details	X		X
	Brochures Circulars and external newsletters	X	X	X
Service offerings	Information regarding Werth Legal’s areas of expertise	X	X
Contact Information	The addresses and telephone numbers of Werth Legal’s various offices		X	X
Partner Information	Information regarding the skills and expertise of the partners of Werth Legal and the members of their team		X

8. INFORMATION/DOCUMENTATION HELD IN ACCORDANCE WITH OTHER LEGISLATION (SECTION 51(1)(b)(iii))

8.1 Certain records of Werth Legal are available in terms of legislation other than PAIA.

8.2 Unless disclosure is prohibited in terms of the relevant legislation, regulations, contractual agreements or otherwise, records which are required to be made available in terms of the relevant legislation shall be made available for inspection by interested parties, subject to the requirements and conditions set out in the relevant legislation and internal policies and procedures.

8.3 Accordingly, information is available in terms of the following legislation, if and where applicable:

Item	Legislation
1.	Administration of Estates Act 66 of 1965, as amended
2.	Close Corporations Act 69 of 1984, as amended
3.	Companies Act 71 of 2008, as amended.
4.	Copyright Act 98 of 1978, as amended.
5.	Trade Marks Act 194 of 1993, as amended.
6.	Employment Equity Act 55 of 1998, as amended.
7.	Income Tax Act 95 of 1967, as amended.
8.	Immigration Act 13 of 2002, as amended.
9.	Labour Relations Act 66 of 1995, as amended.
10.	Basic Conditions of Employment Act 75 of 1997, as amended
11.	Value Added Tax Act 89 of 1991, as amended.
12.	Protection of Personal Information Act 4 of 2013, as amended.
13.	Promotion of Access to Information Act 2 of 2000, as amended.
14.	Unemployment Insurance Act 30 of 1996, as amended.
15.	Financial Intelligence Centre Act 38 of 2001, as amended
16.	Electronic Communications and Transactions Act 25 of 2002, as amended.
17.	Compensation of Occupational Injuries and Diseases Act 130 of 1993, as amended.
18.	Occupational Health and Safety Act 85 of 1993, as amended.
19.	Consumer Protection Act 68 of 2008, as amended.
20.	Tax Administration Act 28 of 2011, as amended.
21.	Competition Act 71 of 2008, as amended.

8.4 The above is not an exhaustive list of Werth Legal’s applicable statutes, which may require the keeping of records.

9. FACILITATION OF A REQUEST FOR ACCESS (SECTION 51(1)(b)(iv))

9.1 To facilitate the processing of your request for access to a record, kindly:

9.2 Use the prescribed form (Form 2), accessible at https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf, a copy of which is annexed hereto marked Appendix 1.

9.3 Address your request to Werth Legal.

9.4 Provide sufficient details to enable Werth Legal to identify:

9.4.1 The record(s) requested;

9.4.2 The REQUESTER (and if an agent is lodging the request, proof of capacity);

9.4.3 The form of access which is required;

9.4.4 The postal address, fax number, email address or other relevant information of the REQUESTER in the REPUBLIC;

9.4.5 The right, which the REQUESTER is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right;

9.4.6 If the REQUESTER wishes to be informed of the decision in any manner (in addition to the written decision), the manner and particulars thereof;

9.4.7 If the request is made on behalf of a person, to furnish proof of the capacity in which the REQUESTER makes such request, to the satisfaction of Werth Legal’s Head.

9.5 Werth Legal may, and must in certain instances, refuse access to records on any of the grounds set out in Part 3 of Chapter 4 of PAIA, which instances include, but are not limited to, the following:

9.5.1 That access would have the effect of unreasonably disclosing PERSONAL INFORMATION about a third party;

9.5.2 The necessity of protecting the confidential information of a third party;

9.5.3 The necessity of protecting the safety of individuals and protecting property;

9.5.4 That the record constitutes privileged information of a third party, or Werth Legal itself; and

9.5.5 Professional privilege.

9.6 Werth Legal will make a decision in relation to a request for a record within 30 (Thirty) days from the date of receipt of the request, unless third parties are required to be notified or the 30 (Thirty) day period is extended as provided for in PAIA. Werth Legal will notify the REQUESTER using the prescribed form (Form 3), accessible at https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf, a copy of which is annexed hereto marked

9.7 The following applies to requests:

9.7.1 A REQUESTER is required to pay the prescribed fees (R140.00) before a request will be processed;

9.7.2 If the search and preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

9.7.3 A REQUESTER may lodge an application with a court against the tender/payment of the request fee and/or deposit;

9.7.4 Records may be withheld until the fees have been paid.

9.7.5 Payments should be made to Werth Legal.

9.8 The fee structure is available on the website of the South African Information Regulator at https://www.justice.gov.za/inforeg/legal/20210827-gg45057gon757-PAIAregulations.pdf, an excerpt of which is annexed hereto marked Appendix 2.

9.9 Werth Legal holds records pertaining to certain subjects. The below table provides an indication of the subjects, on which Werth Legal holds records, as well as the categories of records held on each subject.

SUBJECTS ON WHICH Werth Legal HOLDS RECORDS.	CATEGORIES OF RECORDS HELD ON EACH SUBJECT.
Incorporation Documents and documents pertaining to Werth Legal	Memorandum of Incorporation, share register, shareholders agreements, minutes of general meetings, lists of directors, special and ordinary resolutions.
Property	Asset registers, Title Deeds and Lease agreements in respect of immovable property, insurance records in respect of moveable and immovable property.
Financial and Accounting Records	Accounting records, debtors’ records, creditors records, insurance reports, Auditors reports, invoices of suppliers and customers, billing information, reconciliations, credit/debit notes, journals, interim and annual financial statements, ledgers, balance sheets, income statements, trial balances, payment schedules, cash flow statements, management accounts, banks statements, in-out funds transfers records, correspondence, details of auditors and audit reports, electronic payment records.
Publications	Updates, newsletters, company information, service information and other publications prepared by Werth Legal.
Taxation Records	Company Tax Returns, Company VAT records.
Administration Records	Minutes of meetings of Werth Legal, general correspondence, copies and correspondence relating to various insurance policies, salary work-papers, security systems and operational records.
Human Resources Records	Contracts of employment, list of employees, conditions of employment, payroll records, disciplinary records, leave records, remuneration records, job specifications, performance evaluations, health and safety records, personnel files, records provided by third parties relating to personnel, information relating to prospective employees including curricula vitae and application forms, employee tax information, insurance, pension and/or provident fund contributions and claims, documents relating to disciplinary and grievance procedures and all employment applications, remuneration policy, next of kin contact details, personal vehicle information, personnel training records, professional accreditations/certifications, expense claims and reimbursement information
Marketing	Content for Werth Legal’s website, customer records, databases, product records, mailing lists for clients and potential clients and general correspondence
Members of the public	Names, telephone, or email addresses, Company name, designation, address (where applicable).
Clients (Juristic Person)	Registered name, Registration number, Registered Address and places of business for branches (if any), Postal Address, Head office Address, Names of all Shareholders, Holders of Members Interest, Directors, Members, Income tax registration numbers, VAT registration numbers (where applicable), Email Address, Telephone number, names and details of company representatives including (where applicable) dates of birth, country of citizenship/nationality, Identity/Passport Numbers, residential addresses, contact information and income tax registration numbers (where applicable), files including pleadings, orders, judgements and the like, Trust Deeds, Trust documents, Letters of Authority Trust Addresses, details of trustees and beneficiaries.
Clients (Individuals)	Full names, Country of Citizenship/Nationality, Identity/Passport Numbers; Date of Birth, Residential Address, Income tax registration number (where applicable) and contact details including telephone and email contact information, files including pleadings, orders, judgements and the like, wills.
Vendors	Vendor lists, Vendor names, Vendor Addresses, Vendor Contact Information, agreements with Vendors, correspondence with Vendors, transaction history and financial records, names and contact details of Vendor representatives.
Information Technology	The network and the systems on it, Information technology computer software, records relating to computer systems.

10. RELATIONSHIP WITH THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013, AS AMENDED (‘POPIA’) (SECTIONS 51(1)(c)(i) – 51(1)(c)(iv))

10.1 Purpose of Processing Personal Information (Section 51(1)(c)(i))

10.1.1 Werth Legal processes personal information for various reasons, such as: –

10.1.1.1 To enable use of the Werth Legal website(s);

10.1.1.2 To enable Werth Legal to identify Clients, vendors and/or employees and any accounts they hold with Werth Legal where applicable;

10.1.1.3 To provide clients, vendors and employees with customer service and organisational support (where applicable);

10.1.1.4 For billing and payment purposes;

10.1.1.5 To manage transactions and to retain information concerning transaction history;

10.1.1.6 To contact Clients, Vendors or employees in relation to any inquiries, or to deal with any correspondence concerns, or complaints;

10.1.1.7 To send newsletters or marketing communications about offers or events;

10.1.1.8 To correspond with Clients, Vendors, employees and/or members of the public;

10.1.1.9 To take the steps which are necessary to conclude a contract with a Client, Vendor, employee and/or a member of the public as the case may be;

10.1.1.10 To comply with contractual obligations towards Clients, Vendors and/or employees;

10.1.1.11 To comply with obligations imposed by the laws of the REPUBLIC;

10.1.1.12 Where processing is intended to protect the legitimate interests of Clients, Vendors, and/or employees; and/or

10.1.1.13 Where processing is necessary to pursue to the Werth Legal’ legitimate interests or that of a third party to whom information is supplied.

10.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto (Section 51(1)(c)(ii))

Categories of Data Subjects	Personal Information that may be processed
Members of the public	Names, telephone, or email addresses, Company name, designation, address (where applicable).
Clients (Juristic Person)	Registered name, Registration number, Registered Address and places of business for branches (if any), Postal Address, Head office Address, Names of all Shareholders, Holders of Members Interest, Directors, Members, Income tax registration numbers, VAT registration numbers (where applicable), Email Address, Telephone number, names and details of company representatives including (where applicable) dates of birth, country of citizenship/nationality, Identity/Passport Numbers, residential addresses, contact information and income tax registration numbers (where applicable).
Vendors	Names, addresses, registration numbers or identity numbers, bank details, contact information, details of customer representatives (where applicable), financial information and VAT numbers.
Employees	Name and surname, gender, nationality, race, marital status, date of birth, age, personal contact details, emergency contact details, ID number or passport number, as well as the personal information of employees family members for the purposes of medical aid and pension, driver’s license details, languages spoken and/or details of your health, possible disability and/or criminal or credit related information , as well as your financial and tax related information, Contract of Employment or engagement, work contact details, employee or payroll number, work location, your worker and/or systems ID, your work biography, the department in which you render services, the person to whom you are to report to, your termination/contract end date (if any), the reason for termination, your last day of work and/or the content of any interviews conducted when you leave the company, Documentation in respect of your registration with any applicable authority (i.e. SARS and/or the Department of Labour), your status in respect of such registration, any registration certificates or references in respect thereof, Information in respect of your remuneration, whether hourly, contractually, or in terms of salary, information regarding allowances, overtime, bonuses and/or commission, leave payment, bank account information, income tax information, expense claims and any information of a similar nature, Information regarding statutory or contractual leave accrued and/or taken, requests and approval therefore (if any), attendance or absence information, manager and/or HR communications, Appraisals and performance review information, performance objectives and/or outcomes and any records which are kept in respect thereof, Appraisals and performance review information, performance objectives and/or outcomes and any records which are kept in respect thereof, Records and documentation regarding any training courses which have been attended, agreements in respect of such training and any certifications in respect thereof, documentation and records in respect of any claims or legal proceedings brought by the employee, mediation, conciliation or arbitration proceedings, settlement negotiations, records of any employee grievances or complaints and documentation pertaining to the resolution thereof, Records of any electronic communications sent or received using company equipment or company provided internet access, login and access records of on any systems or buildings, download and printing records on company equipment, call or meeting recordings, information captured by IT security and information on any closed-circuit television footage which are used for health safety and security and specifically the protection of our assets and any guests on our premises, as well as health information collected in terms of the Occupational Health and Safety Act, records provided by third parties relating to employees, and information relating to prospective employees including curricula vitae and application forms.

10.3 Recipients or categories of recipients to whom the personal information may be supplied (Section 51(1)(c)(iii))

Category of personal information	Recipients or Categories of Recipients to whom the personal information may be supplied
Names and contact information for members of the public who contact Werth Legal.	Various departments of Werth Legal, who are able to respond to questions and provide necessary information to members of the public.
Employee names and contact information.	Customers, service providers, suppliers, and members of the public to the extent that such sharing is necessary to allow such customers and/or subcontractors to contact Werth Legal and/or its relevant employees.
Employee personal and financial information.	Governmental organisations (i.e. SARS, the Department of Labour, the Unemployment Insurance Fund etc) for purposes of compliance with legal obligations.
Customer names, vat number, postal address, physical address, and financial and transaction information.	Employees of Werth Legal to enable them to perform their functions and/or who are responsible for performing accounting functions; Auditors of Werth Legal.
Client name, Account Number, Account Name, Reference, Industry Type, Identity/Registration number, Cellphone number, Landline Number Fax Number, Email Address, Address, Representative Contact name, Invoice Address,	Werth Legal’s Accounting Service Provider.
Vendor names, contact information and financial information.	Employees of Werth Legal to facilitate the rendering of required services.
Vendor representatives’ names and contact information.	Employees of Werth Legal to enable them to perform their functions and/or who are responsible for performing accounting functions.
Vendor names, contact information and financial information.	Employees of Werth Legal to facilitate the rendering of required services.
Vendor representatives’ names and contact information.	Employees of Werth Legal to enable them to perform their functions and/or who are responsible for performing accounting functions.

10.4 Planned transborder flows of personal information (Section 51(1)(c)(iv))

10.4.1 From time to time, Werth Legal may transfer personal information outside of the Republic of South Africa.

10.4.2 In such cases, Werth Legal ensures compliance with the provisions of the Protection of Personal Information Act 4 of 2013.

10.5 Security measures to be implemented to ensure confidentiality, integrity and availability of personal information (Section 51(1)(c)(v))

10.5.1 Werth Legal ensures the confidentiality, integrity, and availability of the personal information it processes by placing same onto secure servers, which are only accessible: –

10.5.1.1 from password protected computers; and

10.5.1.2 by designated members of staff with separate access permissions, as defined by management and implemented strictly on a specific need to access basis, on server shares applying only to their department.

10.5.2 Up to date Anti-virus software is installed on all machines and regular patches and updates of software is performed to keep systems secure.

10.5.3 Werth Legal regularly backs up and stores the personal information is holds onto separate secured hard drives.

10.5.4 Werth Legal has a dedicated hardware firewall, to protect the corporate network from external attacks.

10.5.5 In addition, Werth Legal’s website uses Secure Socket Layer (SSL) encryption to ensure privacy, authentication, and data integrity in internet communications.