Passer au contenu principal

PAIA Manual

Partager
  • LinkedIn

Fasken is committed to transparency and accountability in accordance with the Promotion of Access to Information Act, 2000 (PAIA).

This page provides access to the Promotion of Access to Information Manual for the Johannesburg Office. Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended), the manual is based on the revised Guide (PAIA Manual Template – Private) provided by the Regulator. It outlines the procedures for requesting information, the categories of records available, and includes contact details for the designated Information Officer.

This resource is intended to assist individuals and organizations in exercising their right to access information under South African law.

1.1 Fasken means Bell Dewar Inc, being the Johannesburg branch of the Fasken international group of lawyers (which also has offices in Canada and London);
1.2 PAIA means Promotion of Access to Information Act No. 2 of 2000 (as Amended);
1.3 POPIA means Protection of Personal Information Act No. 4 of 2013; and
1.4 Regulator means Information Regulator.

This PAIA Manual is useful for the public to:

2.1 check the categories of records held by Fasken which are available without a person having to submit a formal PAIA request;
2.2 have a sufficient understanding of how to make a request for access to a record of Fasken, by providing a description of the subjects on which Fasken holds records and the categories of records held on each subject;
2.3 know the description of the records of Fasken which are available in accordance with any other legislation;
2.4 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;
2.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.6 know if Fasken 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;
2.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8 know the recipients or categories of recipients to whom the personal information may be supplied;
2.9 know if Fasken has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.10 know whether Fasken has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
3.1 Chief Information Officer
Name: Blaize Vance
Tel: 011586 6000
Email: [email protected]
Physical address: Inanda Greens, 54 Wierda Road West, Sandton.
3.2 Deputy Information Officer
Name: To be confirmed
Tel: To be confirmed
Email: To be confirmed
3.3 Head Office
Postal Address: P O Box 652057, Benmore 2010, South Africa
Physical Address: Inanda Greens, 54 Wierda Road West, Sandton
Website: https://www.fasken.com/en/offices/johannesburg
4.1 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 understandable form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
4.2 The Guide is available in each of the official languages and in braille.
4.3 The aforesaid Guide contains the description of:
4.3.1 the objects of PAIA and POPIA;
4.3.2 the postal and street address, phone and fax number and, if available, electronic mail address of:
4.3.2.1 the Information Officer of every public body, and
4.3.2.2 every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA ;
4.3.3 the manner and form of a request for:
4.3.3.1 access to a record of a public body contemplated in section 11 ; and
4.3.3.2 access to a record of a private body contemplated in section 50 ;
4.3.4 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
4.3.5 the assistance available from the Regulator in terms of PAIA and POPIA;
4.3.6 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:
4.3.6.1 an internal appeal;
4.3.6.2 a complaint to the Regulator; and
4.3.6.3 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;
4.3.7 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;
4.3.8 the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
4.3.9 the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
4.3.10 the regulations made in terms of section 92.

 

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.
4.4 The Guide can also be obtained:
4.4.1 upon request to the Information Officer;
4.4.2 from the website of the Regulator (https://inforegulator.org.za/)
4.5 A copy of the Guide is also available at Information Regulator PAIA Manuals -https://inforegulator.org.za/information-regulator-paia-manuals/ in English, Sesotho and Afrikaans, for public inspection.
The following records of Fasken are available without a person having to request access in terms of PAIA:-
5.1 Documents which are displayed on the Fasken website:- https://www.fasken.com/en/offices/johannesburg, which includes:-
5.1.1 information about the people at Fasken, the legal solutions offered, markets in which we operate, knowledge updates (publications, blog and webinars) and the firm itself;
5.1.2 a free “guide to doing business in South Africa”;
5.1.3 B-BEE certificate;
5.1.4 News, events and an invitation to receive legal insights by email.

 

Please note that the Johannesburg office of Fasken is part of the premier international Fasken group with over 950 lawyers worldwide For easy access to information on the Johannesburg office, please use the link: - https://www.fasken.com/en/offices/johannesburg.
Category of Records Applicable Legislation
Memorandum of incorporation Companies Act 71 of 2008
PAIA Manual Promotion of Access to Information Act 2 of 2000
Privacy Policy/Notice The Protection of Personal Information Act of South Africa 4 of 2013
Subjects on which the body holds records Categories of records
Client records
  • Records provided by clients
  • Contact information
  • Correspondence
  • Service rendered to clients and records created for clients
  • Advice given
  • Statements of account
  • Briefs to Advocates and replies from them
  • Notes on consultation and in rendering legal services
Business records (relating to Fasken in Johannesburg and the group)
  • Financial information and documents relating to all forms of taxation, to banking and finance, to the pension and provident funds and the business generally
  • Strategic plans, procedures and operations
  • ISO 9001 and other policies and related records
  • Marketing documents and plans,
  • Legal precedents and checklists
  • Management and compliance documents and records
  • Emails and communications
  • Copyright and other intellectual property
  • Minutes and records of meetings
Strategic documents (relating to Fasken in Johannesburg and the group)
  • Strategic documents and plan
  • Marketing activates and plans
  • Minutes of meetings
  • Employment equity plans
  • Budgets and forecasts
Human Resources and employment
  • HR policies and procedures
  • Advertised posts
  • Employees records and contracts
  • Directors’ records and contracts
  • Pension Fund and provident funds
  • Training records and plans
  • Job applications
  • Performance reviews and disciplinary proceedings
Supplier records
  • Supplier information, such as company details
  • Contracts concluded
  • Correspondence
  • Dealings with Counsel
8.1 Purpose of processing personal information

Data Subjects Purpose of processing personal information
Clients (both natural and juristic persons)
  • Provide legal services to clients
  • Account to clients for services rendered
  • Use in litigation and dispute resolution
  • Market our services
  • Advice given
Service providers
  • Manage relationships with suppliers of service, including advocates, landlords and other providers of service
  • Placing orders and paying accounts
Employees
  • Manage relationships and pay salaries
  • Recruitment S
  • kill development and training
  • Legislative compliance
Others
  • Information on adverse parties in litigation and commercial transactions
  • Visitors to our premises, whose information and image is captured electronically

8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto

Data Subjects Personal information that may be processed
Clients
  • name, address, registration numbers or identity numbers, bank details, VAT number
  • information relevant to the legal services we provide
Service providers
  • names, registration number, vat numbers, address and bank details
  • details related to orders placed and goods or services provided
Employees
  • address, qualifications, gender and race

8.3 The recipients or categories of recipients to whom the personal information may be supplied

Categories of personal information Recipients or categories of Recipients to whom the personal information may be supplied
Tax and VAT information of clients, employees and service providers South African Revenue Services
Employee information Payroll service providers
Pension funds
Medical Aid Schemes
Client information Advocates and other service providers (such as experts) in the course of rendering our legal services

Official bodies (where disclosure is required while providing legal services ) such as the Competition Commission, courts, taxation bodies, arbitrators and administrators of arbitrations.

Third party service providers and/or vendors who provide website, application development, hosting, maintenance and other technological services to Fasken

If required by law, such as to law enforcement agencies and governmental entities when required by law or in the good faith belief that such action is necessary to company with applicable laws, court order, subpoenas or warrant

8.4 Planned transborder flows of personal information
8.4.1 As a global law firm, personal information may be stored and processed in any country where we have facilities or in which we engage third party service providers (i.e. Canada, United States, United Kingdom, Ireland and South Africa). The consent to the transfer of information to countries outside a country of residence, which may have different data protection rules than in a data subject’s country of residence, is mentioned in our Privacy Policy which is available on the Fasken website.

https://www.fasken.com/en/offices/johannesburg;

Fasken’s practices regarding a data subject’s personal information will at all times continue to be governed by our Privacy Policy and, if applicable, we will comply with, where applicable, the GDPR and/or the South African Protection of Personal Information Act requirements providing adequate protection for the transfer of personal information from the EU/EEA/South Africa to third country, notably by implementing appropriate safeguards such as standard contractual clauses.
8.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

Fasken follows generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate physical, technical and administrative safeguards to protect personal information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal information in our possession.

Fasken has the ISO 27001 certification to provide clients with this level of confidence. The ISO 27001 certification is an international standard for information security management systems (ISMS). It provides a framework for organizations to establish, implement, maintain, and continually improve their information security management system, ensuring the confidentiality, integrity, and availability of their information assets. This certification demonstrates a commitment to information security and provides assurance to stakeholders.
9.1 A copy of the Manual is available:
9.1.1 on our website
9.1.2 on Download
9.1.3 at Fasken’s head office of Fasken for inspection during normal business hours;
9.1.4 to any person upon request and upon the payment of a reasonable prescribed fee; and
9.1.5 to the Information Regulator upon request.
9.2 A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable for each A4-size photocopy made.
Date Version Author/Reviewer Approver Summary of changes
2020-FEB-04 V1 C. Brady B. Vance New Manual
2023-FEB-16 V2 C. Brady B. Vance Review
2024-FEB-16 V3 C. Brady B. Vance Review
2025-MAY-01 V4 F Tshiluvhu B. Vance Review
Document Owner: Compliance Next Review Date: May 2026