Promotion of Access to Information Manual
(SECTION 51 OF PAIA)
1. Introduction
This Manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA).
The purpose of this Manual is to provide information on the records held by Madiba & Co Attorneys and to outline the procedure for requesting access to such records in accordance with PAIA and the Protection of Personal Information Act 4 of 2013 (POPIA).
Madiba & Co Attorneys is a private body as defined in PAIA and conducts business as a law firm in the Republic of South Africa.
2. Contact details of Madiba & Co Attorneys
Physical address:
239 Bronkhorst Street
Unit 3B, The Guild House
Brooklyn
0181
South Africa
Information Officer:
Lynda Sibanda
Email:
marketing@madibainc.co.za
All PAIA and POPIA-related requests must be submitted to the Information Officer.
3. Guide on how to use PAIA
The Information Regulator has published a Guide on how to use PAIA, as contemplated in section 10 of PAIA.
The Guide is available from the Information Regulator at:
https://www.justice.gov.za
The Guide is intended to assist requesters in understanding their rights and the procedure for requesting access to records.
4. Records available without a PAIA request
The following records are available without the need to submit a formal PAIA request:
- Information published on the Madiba & Co Attorneys website, including:
- Firm profile
- Practice areas
- Attorney profiles
- Legal updates and publications
- Website policies and notices
- Marketing and promotional material
- Public statutory information, where applicable
5. Records available in terms of other legislation
Madiba & Co Attorneys maintains records in terms of various legislative requirements, including but not limited to:
- Legal Practice Act 28 of 2014
- Protection of Personal Information Act 4 of 2013
- Promotion of Access to Information Act 2 of 2000
- Basic Conditions of Employment Act 75 of 1997
- Labour Relations Act 66 of 1995
- Employment Equity Act 55 of 1998
- Income Tax Act 58 of 1962
- Value Added Tax Act 89 of 1991
- Financial Intelligence Centre Act 38 of 2001
Access to these records may be subject to PAIA and other applicable laws.
6. Categories of records held by Madiba & Co Attorneys
The following categories of records are held by Madiba & Co Attorneys.
Inclusion in this list does not guarantee that access will be granted, as grounds for refusal may apply under PAIA.
6.1 Practice and governance records
- Firm governance and operational records
- Internal policies and procedures
- Professional indemnity insurance records
6.2 Client-related records
- Engagement letters and mandates
- Client correspondence
- Legal opinions, pleadings, agreements and memoranda
- Court documents and litigation records
- Know-your-client (KYC) and due diligence records
6.3 Financial records
- Accounting records
- Invoices and payment records
- Tax-related records
6.4 Human resources records
- Employment contracts
- Personnel files
- Payroll and benefits records
- Training and disciplinary records
6.5 Information technology records
- IT systems and software agreements
- Website and digital records
6.6 Compliance and risk records
- POPIA compliance documentation
- PAIA records and request logs
- FICA compliance records
7. Personal information processing (POPIA)
Madiba & Co Attorneys processes personal information in accordance with POPIA and its Privacy Policy, which is available on the firm’s website.
The Privacy Policy addresses:
- Categories of data subjects and personal information
- Purpose of processing
- Security safeguards
- Cross-border data transfers
- Data subject rights
8. Procedure for requesting access to records
8.1 Request form
Requests for access to records must be made using Form 2 of Annexure A to the Regulations Relating to PAIA, 2021.
The form is available from:
https://www.justice.gov.za
8.2 Submission of requests
Completed request forms must be submitted to the Information Officer at:
Email: marketing@madibainc.co.za
The requester must provide sufficient detail to enable identification of:
- The requested record
- The requester
- The right sought to be exercised or protected
8.3 Proof of authority
If a request is made on behalf of another person, proof of authority must be provided.
9. Fees
- A requester (other than a personal requester) may be required to pay a request fee before the request is processed.
- Access fees may be charged for the search, reproduction and preparation of records.
- Fees are prescribed in Annexure B to the PAIA Regulations, 2021.
The requester will be notified of any applicable fees.
10. Grounds for refusal
Access to records may be refused on grounds set out in PAIA, including but not limited to:
- Protection of personal information of third parties
- Legal professional privilege
- Confidential commercial information
- Records subject to confidentiality or non-disclosure obligations
11. Availability of this Manual
This PAIA Manual is available:
- On the Madiba & Co Attorneys website
- For inspection at the firm’s offices during normal business hours
12. Amendments
This Manual may be amended from time to time to reflect changes in legislation or the firm’s operations. The latest version will be made available in accordance with PAIA.
