Promotion of Access to Information

PAIA Manual

The Gerber Attorneys manual compiled in terms of section 51 of the Promotion of Access to Information Act, No. 2 of 2000.

Introduction

This Promotion of Access to Information Manual (“Manual”) has been compiled by Gerber Attorneys in terms of section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”), as amended by the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”).

Section 32 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right of access to information held by the State and any information held by another person where that information is required for the exercise or protection of any right. PAIA gives legislative effect to this constitutional right and applies to both public and private bodies.

Gerber Attorneys is a private body as defined in PAIA and is obliged to make records available upon a valid request, subject only to the grounds for refusal set out in PAIA.

1. Details of the Private Body

  • Name of private body: M Neale Incorporated
  • LPC number: 4084
  • Physical address: Lynnwood, Pretoria, Gauteng, Republic of South Africa (with a further office in Parkhurst, Johannesburg, Gauteng)
  • Postal address: Lynnwood, Pretoria, Gauteng, Republic of South Africa
  • Website: www.gerberattorneys.co.za
  • Email: info@gerbers.co.za

2. Information Officer

In terms of PAIA, the head of a private body is the Information Officer of that body. In terms of POPIA, each private body must designate an Information Officer responsible for ensuring compliance with both PAIA and POPIA.

  • Information Officer: James Gerber
  • Designation: Information Officer
  • Email: info@gerbers.co.za
  • POPIA registration: Registered with the Information Regulator in terms of section 55 of POPIA

At the date of this Manual, no Deputy Information Officer has been separately designated. All PAIA requests and POPIA-related queries must be addressed to the Information Officer. Should a Deputy Information Officer be designated, this Manual will be updated accordingly.

3. The Information Regulator

Effective 30 June 2021, the Information Regulator (South Africa) assumed all PAIA-related functions previously performed by the South African Human Rights Commission. The Information Regulator is the independent body mandated to monitor and enforce compliance with both PAIA and POPIA.

  • Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
  • Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
  • General email: inforeg@justice.gov.za
  • PAIA complaints: PAIAComplaints@inforegulator.org.za
  • POPIA complaints: POPIAComplaints@inforegulator.org.za
  • Website: www.inforegulator.org.za

4. Guide on How to Use PAIA

The Information Regulator has published a comprehensive guide on how to use PAIA (“the Guide”), compiled in terms of section 10 of PAIA and available in all 11 official languages of South Africa. The Guide is available from the Information Regulator’s website at www.inforegulator.org.za and by contacting the Information Regulator at inforeg@justice.gov.za.

5. Availability of this Manual

This Manual is available:

  • On the Gerber Attorneys website;
  • In hard copy upon request;
  • Upon written request to the Information Officer at info@gerbers.co.za.

A copy of this Manual has been submitted to the Information Regulator as required by section 51(3) of PAIA.

6. Records Held by Gerber Attorneys

Gerber Attorneys holds the following categories of records in the ordinary course of conducting its legal practice. Access to certain records is restricted by legal professional privilege, FICA confidentiality obligations, or grounds for refusal under PAIA. The categories below are illustrative and not exhaustive.

6.1 Client and matter records

  • Client intake forms, mandate letters and FICA/KYC documentation;
  • Correspondence with clients, advocates, courts, opposing parties and third parties;
  • Court papers, pleadings, notices, court orders and judgments;
  • Contracts, agreements, deeds, certificates and transactional documents;
  • Legal opinions, memoranda, research notes and legal advice;
  • Settlement agreements and negotiations correspondence;
  • Trust account receipts and disbursement records relating to client funds.

6.2 Conveyancing records

  • Sale agreements and offers to purchase;
  • Title deeds, Deeds Registry correspondence and CIPC records;
  • Bond registration and bond cancellation documents;
  • Transfer duty receipts and SARS correspondence;
  • Rates and levies clearance certificates;
  • Electrical, plumbing, beetle and other compliance certificates;
  • Sectional title scheme documents, where applicable.

6.3 Financial and administrative records

  • Fee invoices and billing records;
  • Trust account ledgers and reconciliations;
  • Banking records and payment receipts;
  • SARS returns and tax records;
  • Annual financial statements;
  • Supplier and creditor records.

6.4 Personnel and HR records

  • Employment contracts, payroll records and leave records;
  • LPC fidelity fund certificates and professional registrations;
  • Staff performance and disciplinary records;
  • Continuing professional development (CPD) records.

6.5 Compliance and regulatory records

  • FICA risk management and compliance programme documents;
  • AML/CFT client risk assessments and enhanced due diligence records;
  • Suspicious transaction reports filed with the FIC (these are NOT accessible under PAIA — see section 29 of FICA and section 9 of this Manual);
  • This PAIA Manual and the Gerber Attorneys Privacy Policy;
  • LPC practice rules compliance records;
  • Professional indemnity insurance records.

6.6 IT and technology records

  • Practice management system data;
  • Email server and communication records;
  • IT security policies and incident response records;
  • CCTV footage, where applicable, subject to applicable retention policies.

7. Records Available Without a PAIA Request

The following records are made available by Gerber Attorneys on a voluntary basis without a formal PAIA request:

  • This PAIA Manual (available on the website and in hard copy at our offices);
  • The Gerber Attorneys Privacy Policy (available on the website);
  • General firm and contact information on the website;
  • General marketing and promotional material.

8. Procedure for Requesting Access to Records

8.1 Who may request access

Any person may submit a request for access to records held by Gerber Attorneys. A requester may act on their own behalf or on behalf of another person, provided adequate proof of authorisation is supplied.

8.2 How to submit a request

Requests must be submitted using the prescribed PAIA request form (Form C for private bodies), published in Government Gazette No. 23119, General Notice No. 187 of 15 February 2002, as updated. The official form is available from the Information Regulator’s website at www.inforegulator.org.za.

Requests must be submitted as follows:

  • Step 1: Complete the prescribed PAIA request form in full.
  • Step 2: Attach a clear copy of your identity document, passport or other proof of identity.
  • Step 3: If acting on behalf of another person or entity, attach written proof of authorisation (for example, a power of attorney, board resolution or court order).
  • Step 4: Describe the record(s) requested with sufficient particularity to enable the Information Officer to identify the relevant records.
  • Step 5: Pay the non-refundable request fee of R50.00 by electronic transfer to the Gerber Attorneys business account. Banking details are available from the Information Officer.
  • Step 6: Submit the completed form, proof of identity and proof of payment by email to info@gerbers.co.za with the subject line: “For Attention: Information Officer - PAIA Request”.

9. Fees

The following fees apply in terms of PAIA and the applicable Ministerial regulations. All fees are subject to VAT at the prevailing rate.

  • Request fee (non-refundable): R50.00
  • Photocopy or printout (A4): R1.10 per page
  • Computer-printed copy: R0.75 per page
  • Search and preparation fee: R30.00 per hour or part thereof
  • Deposit (where search exceeds 6 hours): One third of the anticipated access fee, payable in advance
  • Requests for your own personal information: No request fee is payable; reproduction and access fees still apply

Fees may be updated by the Minister of Justice and Correctional Services by regulation. Requesters who are unable to pay may apply for a fee waiver on grounds of financial hardship.

10. Timelines for Response

The Information Officer will process requests in accordance with the following timelines:

  • Acknowledgement of receipt: Within 5 business days of receiving a valid request
  • Decision (grant or refuse): Within 30 days of receipt of the request
  • Extension of time: Up to 30 additional days in complex cases or where third-party consultation is required; written notice will be provided
  • Third-party consultation: Up to 21 days for the affected third party to respond
  • Deemed refusal: Where no decision is communicated within 30 days (or 60 days if extended), the request is deemed to have been refused

11. Grounds for Refusal of Access

11.1 Mandatory grounds for refusal

The Information Officer must refuse a request for access where:

  • The record contains the personal information of a third party, and its disclosure would constitute an unreasonable invasion of that person’s privacy;
  • The record is protected by legal professional privilege (attorney-client privilege);
  • The record contains confidential commercial information of a third party (including trade secrets, financial information or proprietary methodologies) whose disclosure would cause harm.

11.2 Discretionary grounds for refusal

The Information Officer may refuse a request for access where disclosure would:

  • Prejudice the defence, security or international relations of the Republic of South Africa;
  • Jeopardise the economic interests or financial welfare of the Republic;
  • Prejudice ongoing research or investigations;
  • Endanger the life, physical safety or wellbeing of any person;
  • Adversely affect the commercial activities or operations of Gerber Attorneys in a material way (section 64 of PAIA);
  • Relate to records that cannot be found or that do not exist.

Requests that are manifestly frivolous, vexatious or made in bad faith may also be refused. Records subject to statutory prohibitions on disclosure — including suspicious transaction reports and cash threshold reports filed with the FIC in terms of section 29 of FICA — are excluded from the scope of PAIA.

11.3 Severability

Where only part of a record is subject to a ground for refusal, Gerber Attorneys will grant access to the remainder of the record, to the extent that it is reasonable and practicable to do so, after redacting the protected portions.

12. Remedies on Refusal

12.1 Complaint to the Information Regulator

Any person who is dissatisfied with the decision of the Information Officer, or who has not received a decision within the prescribed timeframes, may lodge a complaint with the Information Regulator at PAIAComplaints@inforegulator.org.za or via the Information Regulator’s website at www.inforegulator.org.za.

12.2 Application to court

A requester who has been refused access (or who has not received a decision within the prescribed timeframes) may approach a court with jurisdiction for appropriate relief. The application must be made within 180 days of the refusal or deemed refusal.

13. Rights of Data Subjects Under POPIA

In addition to your rights under PAIA, POPIA affords you the following rights in respect of personal information held by Gerber Attorneys:

  • Access: Request a description and copy of the personal information we hold about you (POPIA section 23, read with PAIA section 50). Submit a PAIA request form to the Information Officer.
  • Correction or deletion: Request correction or deletion of personal information that is inaccurate, out of date, incomplete, irrelevant or excessive (POPIA section 24). Submit a written request to info@gerbers.co.za using prescribed Form 2 under the POPIA Regulations.
  • Objection to processing: Object to the processing of your personal information in circumstances permitted by POPIA section 11(3). Submit a written objection to the Information Officer using prescribed Form 1 under the POPIA Regulations.
  • Objection to direct marketing: Object at any time to the use of your personal information for direct marketing purposes (POPIA section 69). Send an email to info@gerbers.co.za with the subject line “OPT-OUT”.
  • Complaint to the Information Regulator: Lodge a POPIA complaint with the Information Regulator at POPIAComplaints@inforegulator.org.za.

14. Legal Professional Privilege

Records subject to legal professional privilege — including all communications between Gerber Attorneys and its clients made for the purpose of giving or receiving legal advice, and documents prepared for the dominant purpose of anticipated or actual litigation — are not accessible via PAIA. The Information Officer will refuse access to such records on the mandatory ground of legal professional privilege.

15. FICA Confidentiality

In terms of section 29 of the Financial Intelligence Centre Act, No. 38 of 2001 (“FICA”), Gerber Attorneys is prohibited from disclosing the existence or content of any suspicious transaction report (“STR”) or cash threshold report (“CTR”) filed with the Financial Intelligence Centre. Such records are excluded from the scope of PAIA in terms of section 4(1)(d) of PAIA read with section 29 of FICA.

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