1.       Introduction

1.1     PAIA gives third parties (“Requesters”) the right to approach private bodies and the government to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body is obliged to release such information unless PAIA expressly states that the records containing such information may or must not be released.

1.2     This manual informs Requesters of the procedural and other requirements which a request must meet as prescribed by the PAIA.

1.3     Should Requesters require assistance; they are requested to contact S MILLIN & ASSOCIATES’ Information Officer (details below) in respect of the use of this manual or requesting documents or information from S MILLIN & ASSOCIATES.

1.4     The manual may be amended from time to time and the latest version will be made available online.

2.       Nature of the business

          S MILLIN & ASSOCIATES is a sole proprietorship carrying on business as a legal practice dealing in the following fields of law:

Ø  Civil Litigation

Ø  Commercial Law

Ø  Law of Trusts

Ø  Family Law

Ø  Matrimonial Law

3.       Company contact information

Director	Stephan Millin
Information Officer	Stephan Millin
Physical address	28 Roundtree Crescent, Brackenfell, 7560
Postal address	28 Roundtree Crescent, Brackenfell, 7560
Tel	021 012 5706
Email address	stephan@millinlaw.co.za
Website	www.millinlaw.co.za

 

 

4.       Section 10 Guide on how to use PAIA

4.1     The Act grants a Requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest

4.2     Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

4.3     Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

4.4     Any enquiries regarding this guide and its contents should be directed to:

The South African Human Rights Commission	The information Regulator
PAIA Unit (the Research and Documentation Department) Postal address: Private Bag 2700, Houghton, 2041 33 Hoofd Street, Braampark Forum 3, Braamfontein, 2198 Telephone: +27 11 877 3600 Fax: +27 11 403 0625 Website: www.sahrc.org.za E-mail:PAIA@sahrc.org.za	SALU Building, 316 Thabo Sehume Street, Pretoria Ms. Mmamoroke Mphelo Tel: 012 406 4818 Fax: 086 500 3351 E-mail: inforeg@justice.gov.za

 

5.       Applicable Legislation

S MILLIN & ASSOCIATES keeps record/information in accordance with the following legislation:

Basic Conditions of Employment Act 75/1997

Broad Based Black Economic Empowerment Act 53/2003

Companies Act 71/2008

Competition Act 89/1998

Compensation for Occupational Injuries and Diseases Act 130/1993

Consumer Protection Act 68/2008

Copy Right Act 98/1978

Customs and Excise Act 91/1964

Electronic Communications Transactions Act 25/2002

Employment Equity Act 55/1998

Import and Export Control Act 45/1963

Income Tax Act 95/1967

Insolvency Act 24/1936

Intellectual Property Laws Amendment Act 38/1997

Labour Relations Act 66/1995

Liquor Act 59/2003

Merchandise Marks Act 17/1941

Occupational Health and Safety Act 85/1993

Price Control Amendment Act 80/1967

Promotion of Access to Information Act 2/2000

Skills Development Act 97/1998

Skills Development Levies Act 9/1999

Trade Marks Act 194/1993

Unemployment Insurance Act 63/2001

Value Added Tax Act 89/1991

 

6.       Categories of Records

 

Public Affairs	Public product information Documents of incorporation Memorandum of Incorporation Other corporate information such as minutes of board and shareholder meetings. Board resolutions
Financial	Financial statements Financial & Tax records Supplier records Policies & procedures Auditors reports Bank statements and other banking records
Human Resources	Personnel records and contracts Employment Equity plan & report Skills development plan IR disciplinary and grievance procedures & hearings CCMA records Policies & procedures
Marketing	Market information Product information Performance records Product sales records Marketing strategies
Admin & General	Trademarks Copyright & design Lease agreements Supplier records and contracts Service provider records and contracts Insurance records Asset registers
Customer	Secured Customer Database/Mailing list Personal customer information

 

 

 

7.       Access to records

7.1     To facilitate the processing of your request, kindly:

7.1.1 Use the prescribed Form C, available on the website of SAHRC at www.sahrc.org.za and https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf

7.1.2 Address your request to the Information Officer;

7.1.3  Provide sufficient detail to enable S MILLIN & ASSOCIATES to identify:

          7.1.3.1 The record/s requested;

          7.1.3.2 The requester;

          7.1.3.3 The form of access required;

                    7.1.3.4 The postal address or fax number of the requester (in the Republic) or if the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;

7.1.3.5 The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

7.1.4  All requests will be forwarded to the lnformation Officer immediately and within no more than 24 hours of receipt.

 

8.       Prescribed fees

The following applies to requests (other than personal requests):

8.1     A requester is required to pay the prescribed fees before a request will be processed;

8.2     If the preparation of the record requested requires more than the prescribed hours, a deposit shall be paid (of not more than one third of the access fee payable if the request is granted);

8.3     A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit;

8.4     Records may be withheld until the fees have been paid;

8.5     The fee structure is available on the website of the SAHRC at https://www. sahrc.org.za/home/21/_les/PAIA%20Notice%20on%20fees.pdf

 

9. Processing of Personal information

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by S MILLIN & ASSOCIATES will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. Please also refer to the S MILLIN & ASSOCIATES privacy Policy available on our website or at our offices for further information.

 

9.1     Purpose of Processing: S MILLIN & ASSOCIATES uses Personal Information under its care in the following ways:

9.1.1 Registering new clients.

9.1.2 Processing and considering consultation documentation.

9.1.3 Managing our relationship with clients.

9.1.4 Enabling clients to participate in matters and instructions.

9.1.5 Improving our website and overall quality of service.

9.1.6 Recommending products or services which may be of interest to our clients.

9.1.7 Detecting fraud.

9.1.8 Staff administration;

9.1.9 Keeping of accounts and records;

9.1.10 Compliance with legislation

 

9.2     Categories of data subjects and their personal information

Clients	Name and Surname Residential/employment address Email Address Telephone Number Mobile Number Date of Birth ID number / passport number;
Suppliers -Juristic Persons / Entities or Individuals	Names of contact persons; Name of Legal Entity Physical and Postal address and contact details Financial information Registration Number Founding documents Tax related information Authorised signatories
Contracted Service Providers	Names of contact persons; Name of Legal entity Physical and Postal address and contact details; Financial information Registration Number; Founding documents Tax related information Authorised signatories
Employees/ Directors	Gender, Marital Status; Age, Language Education information Financial Information Employment History ID number Physical and Postal address Contact details; Opinions Criminal behaviour; Well-being.

 

10.     Categories of recipients who receive data for processing

S MILLIN & ASSOCIATES may share information with any third parties in the following circumstances:

 

10.1   In pursuance of our mandate with our clients;

10.2   In pursuance of a matter in litigation;

10.3   With the consent of our client;

10.4   Compliance with legislation pertaining to FICA Reporting, LPC Annual Audit and other legislation

10.5   Insofar as the information relates to internal bookkeeping or digital storage on encrypted servers.

10.6   Banking institutions pertaining to payments made and received from clients or staff

 

10.7   Detecting fraud and abuse: We release account and other personal data to other companies and organizations for fraud protection and credit risk reduction, and to comply with the law.

10.8   When we share personal data with third parties, we:

10.8.1          Require them to agree to use your data in accordance with the terms of this Privacy and Cookie Notice, our Privacy Policy and in accordance with the law; and

10.8.2          Only permit them to process personal data for specified purposes and in accordance with our instructions. We do not allow our third-party service providers to use personal data for their own purposes.

 

11.     Transborder flows of personal information

 

11.1   S MILLIN & ASSOCIATES may transfer data trans-border in order to store data with third party cloud storage providers and

11.2   When processing of personal information is carried out in other countries, we will take appropriate steps to ensure the provision of the same or a better level of protection of your personal information as that which is required in terms of South African law.

 

12. General description of information security measures

S MILLIN & ASSOCIATES employs up to date technology to ensure the confidentiality, integrity and availability of the Personal Information under its care.

Measures include:

Ø  Virus protection software and update protocols

Ø  Access control

Ø  Data integrity (e.g. user authorisations are restricted to specific tasks)

Ø  Data encryption (e.g. cloud solution with encryption)

Ø  Transmission control (e.g. using SSL certificate for websites)

Ø  Confidentiality enforcement (e.g. password policies, non-disclosure agreements)

Ø  Recoverability support (e.g. backups that are regularly checked for successful recovery)

Ø  Training (e.g. privacy awareness training, information security training)

 

13. Remedies available if request for information is refused

13.1   Internal Remedies: S MILLIN & ASSOCIATES does not have an internal appeal procedure. As such, the decision made by the Information Officer pertaining to a request is final, and Requestors will have to exercise external remedies at their disposal if a request is refused, and if the Requester is not satisfied with the response provided by the Information Officer.

13.2   External Remedies: A Requester that is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision, apply to a court for relief. Likewise, a third party dissatisfied with the Information Officers decision to grant a request for information, may within 30 (thirty) days of notification of the decision, apply to a court for relief. For purposes of the Act, courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

 

14. Availability of this manual:

14.1   This Manual is available for inspection at the offices of S MILLIN & ASSOCIATES free of charge.

14.2   This Manual can be transmitted electronically upon request or from our website.

14.3   Copies of this Manual may be obtained upon payment of the prescribed fees at the offices of S MILLIN & ASSOCIATES.

 

15. POPIA forms

15.1   Objection to the processing of personal information:

15.1.1          A data subject who wishes to object to the processing of personal information in terms of section 11(3)(a) of the POPIA, must submit the objection to S MILLIN & ASSOCIATES on Form 1 available here: https://www.justice.gov.za/inforeg/docs/20181214-gg42110-rg1089 7-gon1383-POPIregister.pdf

15.1.2          S MILLIN & ASSOCIATES shall render such reasonable assistance as is necessary, free of charge, to enable the data subject to make an objection on Form 1.

15.2   Request for correction or deletion of personal information or destruction or deletion of record of personal information:

15.2.1          A data subject who wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information in terms of section 24(1) of the POPIA, must submit a request to the responsible party on Form 2.

https://www.justice.gov.za/inforeg/docs/20181214-gg42110-rg10897-gon1383-POPIregister.pdf

 

15.2.2          The responsible party, or a designated person, must render such reasonable assistance, as is necessary free of charge, to enable a data subject to complete Form 2.