PAIA Manual

1. The private body and its Information Officer

Name

Jay Incorporated, practising as Jay Inc Attorneys

Head of the private body

Peter Jay

Information Officer

Peter Jay

Physical address

Suite 4, 42 on Ingersol, 42 Ingersol Road, Lynnwood Glen, Pretoria, 0081

Postal address

P.O. Box 35777, Menlo Park, 0102

Telephone

012 460 1500

Fax

012 460 1522

Email

peterjay@jayattorneys.com

Website

www.jayattorneys.com

2. The section 10 guide

The Information Regulator has compiled a guide, in terms of section 10 of the Act, containing information reasonably required by a person who wishes to exercise a right under the Act. The guide is available in each official language.

It may be obtained from the Information Regulator:

Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal

P.O. Box 31533, Braamfontein, Johannesburg, 2017

Email

PAIAComplaints@inforegulator.org.za

General enquiries

enquiries@inforegulator.org.za

Website

inforegulator.org.za

3. Records available without a request

The firm has not published a notice under section 52(2) of the Act listing categories of records automatically available without a request.

The following are, however, freely available on this website and require no request: the firm’s contact details and office hours, descriptions of the practice areas in which the firm acts, the profiles of its directors, its published media record, this manual, the firm’s privacy policy and its website terms of use.

4. Categories of records held

The firm holds records in the following broad categories. Listing a category here does not mean the records in it are accessible — most client records are subject to legal professional privilege and to the mandatory grounds of refusal set out in Chapter 4 of the Act.

• Client and matter records: instructions, correspondence, pleadings, court documents, briefs to counsel, opinions, advice and file notes.
• Financial records: trust and business account records, invoices, statements, receipts and records kept under the Legal Practice Act 28 of 2014 and its rules.
• Statutory and compliance records: records kept under the Financial Intelligence Centre Act 38 of 2001, including client identification and verification records.
• Human resources records: employment contracts, personnel files, payroll and leave records.
• Governance and corporate records: the firm’s incorporation documents, resolutions, insurance and professional indemnity records.
• Tax records: returns and supporting records kept under the Tax Administration Act 28 of 2011 and the Income Tax Act 58 of 1962.
• Supplier and service provider records: agreements and correspondence with the firm’s own service providers.
• Website records: enquiries submitted through the contact form, which are received and retained as email.

5. Records held under other legislation

Records are kept in accordance with, among others, the Legal Practice Act 28 of 2014 and its rules; the Attorneys’ trust account requirements; the Financial Intelligence Centre Act 38 of 2001; the Companies Act 71 of 2008; the Tax Administration Act 28 of 2011; the Income Tax Act 58 of 1962; the Value-Added Tax Act 89 of 1991; the Basic Conditions of Employment Act 75 of 1997; the Labour Relations Act 66 of 1995; the Unemployment Insurance Act 63 of 2001; and the Protection of Personal Information Act 4 of 2013.

6. How to request access

A requester must complete the form prescribed by regulation and submit it to the Information Officer at the address, fax number or email address in paragraph 1.

The request must provide sufficient particulars to enable the Information Officer to identify the record and the requester, and to determine the form of access required. Where the request is made in the public interest or for the protection of a right, the requester must identify the right in question and explain why the record is required to exercise or protect it.

Where a requester is unable to make a written request because of illiteracy or disability, the request may be made orally and the Information Officer will reduce it to writing and provide a copy to the requester.

The Information Officer will decide the request within the period prescribed by the Act and notify the requester in writing of the decision, giving reasons where access is refused.

7. Fees

The Act provides for a request fee and, where access is granted, an access fee calculated in accordance with the prescribed tariff. Fees may include the cost of reproduction, search and preparation time, and postage where applicable.

The current prescribed fees are set by regulation and are subject to change. The applicable amounts will be confirmed to a requester in writing before access is given, and the Information Officer may require a deposit where search and preparation time is expected to exceed the prescribed threshold.

VERIFY — the firm should either state the current prescribed amounts here or continue to point requesters to the current regulations.

8. Grounds on which access may or must be refused

Access will be refused where the Act requires it. The grounds in Chapter 4 of the Act include, in summary:

• Mandatory protection of the privacy of a third party who is a natural person.
• Mandatory protection of the commercial information of a third party, including trade secrets and information whose disclosure would harm commercial or financial interests.
• Mandatory protection of information supplied in confidence, where disclosure would constitute a breach of a duty of confidence.
• Mandatory protection of the safety of individuals, and of property.
• Mandatory protection of records privileged from production in legal proceedings — which covers a great deal of what a firm of attorneys holds.
• Protection of the commercial activities and the research information of the private body.
• Requests that are manifestly frivolous or vexatious, or that would involve a substantial and unreasonable diversion of resources.

9. Remedies if a request is refused

There is no internal appeal against a decision of the Information Officer of a private body.

A requester who is dissatisfied may lodge a complaint with the Information Regulator, or apply to a court with jurisdiction for appropriate relief, within the periods provided in the Act.

10. Processing of personal information (POPIA)

The firm processes personal information for the purposes of providing legal services, complying with its statutory and professional obligations, administering its practice, and employing staff.

• Categories of data subjects: clients and prospective clients; opposing parties and their representatives; witnesses; employees and prospective employees; suppliers and service providers; and persons who contact the firm through this website.
• Categories of personal information: identifying and contact details; identity and passport numbers; financial and banking details; employment information; and, where the matter requires it, special personal information including criminal behaviour, health and biometric information.
• Recipients: counsel, correspondent attorneys, sheriffs, courts and tribunals, experts, regulators, revenue and law-enforcement authorities where required, and the firm’s own professional advisers and service providers.
• Cross-border transfers: the firm does not routinely transfer personal information outside the Republic other than as necessary in a particular matter, or incidentally through email and hosting infrastructure. VERIFY — confirm and state the firm’s hosting position.
• Security safeguards: access to files and systems is restricted to persons who require it; the firm’s premises are secured; electronic systems are password protected; and this website transmits over an encrypted connection and stores no submissions.
• Retention: records are retained for the periods required by the Legal Practice Act and rules, tax and companies legislation, and thereafter destroyed.

11. Availability of this manual

This manual is available on this website, at the firm’s offices during business hours, and on request to the Information Officer. It will be updated as required.