PAIA Manual | Chanine Goosen & Ass

PAIA MANUAL

Prepared in terms of section 51 of the Promotion of Access to Information Act

2 of 2000 (As Amended)

INTERPRETATION

In this document, clause headings are for convenience only and shall not be used in its interpretation unless the context clearly indicates a contrary intention:

An expression which denotes –

any gender includes the other gender and vice versa;
a natural person includes a juristic person and vice versa;
the singular includes the plural and vice versa;

The following expressions shall bear the following meanings as assigned to them below and cognate expressions bear corresponding meanings –

Information Officer – the designated Information Officer as described in this Manual;
Manual- this document together with all of its Annexures, as amended form time to time, and published in terms of Section 51 of the PAIA Act;
PAIA – Promotion of Access to Information Act 2 of 2000, as amended from time to time, including the regulations promulgated in terms of PAIA;
POPIA – Protection of Personal Information Act 4 of 2013, as amended from time to time, including the regulations promulgated in terms of POPIA;
POPIA Regulations – the regulations relating to the Protection of Personal Information, GG 42110, GNR 1383 of 2018;
REGULATOR – the Information Regulator of South Africa, established in terms of Section 39 of POPIA; and
CHANINE GOOSEN & ASSOCIATES – Sole Proprietor Law Firm in terms of the Laws of South Africa.

PURPOSE OF THE MANUAL

This manual is published pursuant to Section 51 of the PAIA which requires organisations to compile a manual as a guide which is useful for the public to -

Indicate the types of records held by Chanine Goosen & Associates and the availability of such records from Chanine Goosen & Associates;
Provide the public with sufficient understanding of how to make a request for access to a record of Chanine Goosen & Associates, by providing a description of the subjects on which Chanine Goosen & Associates holds records and the categories of records held on each subject;
Provide a description of the records of Chanine Goosen & Associates which are available in accordance with any other legislation;
Provide access to all relevant contact details of the Information Offices who will assist the public with the records they intend to access;
Provide a description of the guide on how to use PAIA, as updated by the Regulator;
Inform the public as to the personal information Chanine Goosen & Associates processes, the purpose thereof, the categories of data subjects relating thereto, the recipients or categories of recipients to whom the personal information may be supplied, and whether or not Chanine Goosen & Associates plans to conduct transborder flows of personal information;
Describe the appropriate security measures implemented by Chanine Goosen & Associates to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

CONTACT DETAILS FOR ACCESS TO INFORMATION

Information Officer

Name : Chanine Goosen

Contact No:066 315 2473

E-mail :cgoosenassociates@gmail.com

Access to Information – General Contact Information

E-Mail :cgoosenassociates@gmail.com

Chanine Goosen & Associates – Head Office (Krugersdorp)

Physical Address:21 Longford Street, Kenmare Ext. 4,

Krugersdorp, 1739

Contact No:066 315 2473

E-mail :cgoosenassociates@gmail.com

Website: https://www.cgandassociates.net

GUIDANCE ON PAIA

The Regulator has, in terms of Section 10(1) of PAIA updated and made available the revised Guide on how to use PAIA (“Guide”). The Guide can be used in an easily comprehensible form and manner, as may be reasonably required by a person who wishes to exercise any right as contemplated in PAIA and POPIA.

The Guide is available in each of the Official Languages and in Braille.

The aforesaid Guide contains the description of –

the Objects of PAIA and POPIA;
the street address, postal address and phone number and electronic mailing address of-
The Information Officer of every public body; and
Every Deputy Information Officer of every public and private body designated in terms of Section 17(1) of PAIA[1] and Section 56 of POPIA[2]

The manner and form of a request for –

Access to a record of a public body contemplated in Section 11;[3] and
Access to a record of a private body contemplated in Section 50[4];
The assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
The assistance available from the Regulator in terms of PAIA & POPIA;
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 –

An internal appeal;
A complaint to the Regulator; and
An application with a Court against a decision by the Information Officer of a public body, a decision on internal appeal or decision by the Regulator or a decision of the head of a private body;

The provisions of Section 14 and 51 requiring a public body and a private body, respectively, to compile a manual, and how to obtain access to a manual;

The provisions of Sections 15[5]and 52[6] providing for the voluntary disclosure of categories of records a public and private body, respectively;

The notices issued in terms of Section 22[7] and 54[8] regarding fees to be paid in relation to requests for access; and

The regulations made in terms of Section 92[9].

Members of the public, can inspect or make copies of the Guide from the offices of the public or private bodies, including the office of the Regulator, during normal working hours. The Guide is available in English and in Afrikaans.

The Guide can also be obtained –

upon request to the Information Officer;
from the website of the Regulator - https://inforegulator.org.za/

RECORDS HELD BY CHANINE GOOSEN & ASSOCIATES

Records that are automatically available

At this stage no notices have been published by the Regulator on the categories of records automatically available without a person having to request access thereto in terms of PAIA.

Feel free to contact Chanine Goosen & Associates for any records by sending us an e-mail as per e-mail address provided and we will gladly assist.

Records held by Chanine Goosen & Associates in accordance with other legislation

Chanine Goosen & Associates is required in accordance with Legislation to retain certain records. Our Offices hold records for the purpose of PAIA in accordance with the following Legislation, amongst others –

Basic Conditions of Employment Act 75 of 1997;
Companies Act 71 of 2008;
Financial Intelligence Centre Act 38 of 2001;
Deeds Registries Act 47 of 1937;
Legal Practise Act 28 of 2014;
Promotion of Access to Information Act 2 of 2000;
Protection of Personal Information Act 4 of 2013;

Other types of Records held by Chanine Goosen & Associates, which records are not automatically available without request in terms of PAIA. Please note that a request in any of the categories listed below, may be declined in accordance with any of the grounds of refusal listed in PAIA. These records include –

SUBJECT ON WHICH THE BODY HOLDS RECORDS and CATEGORIES OF RECORDS

SUBJECT -Financial Records

CATEGORY - Copies of Receipts & Payments, Asset Register, Salaries, Bank Statements, Management Accounts, Invoices etc

SUBJECT -Risk & Compliance Records

CATEGORY - Copies of Contracts, Copies of Risk Compliance Management Policies, Other Policies and Procedures, Compliance Records, Fic Reports etc

SUBJECT - Personal Records of the Firm

CATEGORY - Copy of FFC, Admissions Certificates, Records of Auditors

PROCESSING OF PERSONAL INFORMATION

POPIA

Chapter 3 of POPIA provides the minimum conditions for lawful processing of personal information. The conditions cannot be deviated from unless specifically excluded as provided for in POPIA.

Chanine Goosen & Associates process personal information according to the requirements as set out in POPIA. We strive to ensure that all processing conditions are complied with when processing personal information.

The Purpose of processing Personal Information

During the ordinary course of Business and whilst providing legal services to the public, Chanine Goosen & Associates will process personal information.
Personal information is processed for a number of reasons which included, but are not limited to providing our clients with services which they request, creating relationships with our clients and suppliers, for managing contracts and providing invoices, for accounting purposes, sending though quotations to clients and to allow our website to function properly with the content which is displayed and provided to our clients.

Categories of data subjects and the type of personal information used for processing

Personal information of our clients, services providers and visitors at our offices Personal Information is processed when interacting with the firm , Chanine Goosen & Associates. To find out more about the Information that is processed, please refer to our Privacy Policy.

Disclosure of Personal information to Third Parties

Chanine Goosen & Associates may disclose personal information to third parties, for legitimate business purposes, in accordance with the applicable laws and subject to professional regulatory requirements pertaining to Confidentiality.
Our Offices will only disclose personal information to third parties and associates pertaining to the relevant service that we are providing.
Chanine Goosen & Associates may be obliged to disclose Personal Information where we have a duty to disclose in terms of law or where we believe it may be necessary to protect our rights. This includes instances where we are required to disclose personal information due to litigation which is instituted against us.

TransBorder Flows of Personal Information

Chanine Goosen & Associates may be required to transfer Personal Information to recipients outside of the Republic of South Africa, but our Offices will ensure that full compliance with POPIA when transferring any personal information across the borders of South Africa.

Information Security Measures

Chanine Goosen & Associates is committed to taking reasonable, appropriate and adequate measures to ensure that Personal Information is protected and stored securely. Our offices also regularly review our security controls to ensure that Personal Information remains secure. Our Offices makes use of Anti-Virus and Anti-Malware Solutions to assist with the safe keeping of all personal information. In the event that Personal information has been breached, our offices will notify the Regulator.

UPDATING OF THE MANUAL

A copy of the Manual is available in English on –
- Our Firms Website - https://www.cgandassociates.net;
- At the Offices of Chanine Goosen & Associates for public inspection, during normal business hours;
- To any person upon request and upon payment of a reasonable prescribed fee; and
- To the Information Regulator upon request

A fee for a copy of the Manual, as contemplated in Annexure B of the Regulations, shall be payable per each A4-size photocopy made.

REVISION RECORD

This manual will be reviewed and updated on a regular basis or periodically as required.

FOOTNOTES:-

[1] Section 17(1) of PAIA – For the purpose of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

[2] Section 56(a) of POPIA – Each public and private body must make provision in the manner prescribed in Section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

[3] Section 11(1) of PAIA - A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA, relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[4] Section 50(1) of PAIA - A requester must be given access to a record of a private body if a) that record is required for the exercise or protection of any rights b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[5] Section 15(1) of PAIA – The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access.

[6] Section 52(1) of PAIA – the head of a private body may, on voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without having to request access.

[7] Section 22(1) of PAIA – the information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any) before further processing the request.

[8] Section 54(1) of PAIA – the head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any) before further processing the request.

[9] Section 92(1) of PAIA provides that – “The Minister may, by notice in the Gazette, make regulations regarding – a) any matter which is required or permitted by this Act to be prescribed, b) any matter relating tot eh fees contemplated in sections 22 and 54, c) any notice required by this Act, d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”