ACCESS TO THE INFORMATION MANUAL OF LIZIWE NOMPUMZA ATTORNEYS IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (“PAIA”)
1. INTRODUCTION
1.1. LIZIWE NOMPUMZA ATTORNEYS (“LA Nompumza Attorneys/ the Organisation”) has determined how information is to be requested under Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) and Section 23 -25 of the Protection of Personal Information Act No.4 of 2013 (“POPIA”). This PAIA Manual (“Manual”) applies to records held by the Organisation.
1.2. PAIA gives effect to the provisions of Section 32 of the Constitution of the Republic of South Africa (“the Constitution”), which provides for the right of access to information that the State holds but also information held by any other person. A person entitled to exercise a right or who needs information to protect any right is entitled to access that information, subject to certain restraints.
1.3. Section 51 of PAIA creates a legal right to access records of a private body (both natural and juristic); however, this right may be negated in circumstances as set out under Chapter 4 of Part 3 of PAIA. In addition, in compliance with POPIA, a Responsible Party who processes Personal Information must notify the person to whom Personal Information relates of how the Data Subject can access their Personal Information held by the Responsible Party.

MANUAL PURPOSE
2.1. This manual has been prepared to assist persons requesting information and provides procedures to be followed to gain access to information and documentation as provided in PAIA.
2.2. A person or a company requesting access to records from LA Nompumza Attorneys (“the Requester”) is advised to familiarise themselves with the provisions of PAIA before making any requests to LA Nompumza Attorneys in terms of PAIA.
2.3. LA Nompumza Attorneys makes no representation and gives no undertaking or warranty that any record(s) provided to a Requester is complete or accurate or that such record is fit for any purpose. All users of such records shall use them entirely at their own risk. LA Nompumza Attorneys shall not be liable for any loss, expense, liability, or claims, however arising, resulting from the use of this Manual or any record provided by LA Nompumza Attorneys or any error therein.
2.4. LA Nompumza Attorneys encourages our clients, visitors, partners, and other interested parties to read this Policy. By using our services or submitting personal information to LA Nompumza Attorneys, you acknowledge that you understand and agree to be bound by this Policy and that LA Nompumza Attorneys may collect, process, transfer, use, and disclose your personal information as described in this Policy.

3. CONTACT DETAILS IN TERMS OF SECTION 51 (1)(a) OF PAIA
Name of Body
Liziwe Nompumza Attorneys
Registration Number
72281
Head of Body
Ms. Liziwe Nompumza
Designated Information Officer
Ms. Liziwe Nompumza
E-mail address of Information Officer
liziwe@lanompumzalaw.co.za
Postal address
28 St. Swithins Avenue, Melville, Johannesburg, 2109
Business address
28 St. Swithins Avenue, Melville, Johannesburg, 2109
Phone number
+27 (79) 950 8309
Website
www.lanompumzalaw.co.za

4. SECTION 10 GUIDE ON HOW TO USE PAIA: SECTION 51(1)(b)

4.1.
The South African Human Rights Commission (“SAHRC”) has compiled and published a “Guide on How to Use the Promotion of Access to Information Act 2 of 200”. The guide contains information that will assist a person who wishes to exercise their Constitutional Rights and understand PAIA.
The guide is available from SAHRC. To receive a copy of the guide please direct any queries to:
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700 Houghton 2041
Telephone: +27 (11) 484 8300
Fax: +27 (11) 484 0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org
5. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION – SECTION 51(1)(d)
Where applicable to our operations, information is also kept and maintained in accordance with the following legislation, including but not limited to:
5.1.1. Administration of Estates Act No. 66 of 1965
5.1.2. Arbitration Act No. 42 of 1965
5.1.3. Basic conditions of Employment No. 75 of 1997
5.1.4. Broad-Based Black Economic Empowerment Act No. 53 of 2003
5.1.5. Companies Act No. 71 of 2008
5.1.6. Compensation for Occupational Injuries and Diseases Act No. 61 1997
5.1.7. Consumer Protection Act No. 68 of 2008
5.1.8. Copyright Act No.98 of 1978
5.1.9. Debt Collectors Act No. 114 of 1998
5.1.10. Electronic Communication and Transaction Act No. 25 of 2002
5.1.11. Employment Equity Act No. 55 of 1998
5.1.12. Finance Act No. 35 of 2000
5.1.13. Financial Advisory and Intermediary Services Act No. 37 of 2002
5.1.14. Financial Intelligence Centre Act No. 38 of 2001
5.1.15. Income Tax Act No. 95 of 1967
5.1.16. Insolvency Act No. 24 of 1936
5.1.17. Intellectual Property Laws Amendments Act No. 38 of 1997
5.1.18. Labour Relations Act No. 66 of 1995
5.1.19. The National Credit Act No.34 of 2005
5.1.20. Occupational Health & Safety Act No. 85 of 1993
5.1.21. Pension Funds Act No. 24 of 1956
5.1.22. Promotion of Access to Information Act No. 2 of 2000
5.1.23. Protection of Personal Information Act No. 4 of 2013
5.1.24. Trademarks Act No. 194 of 1993
5.1.25. Unemployment Contributions Act No. 4 of 2002
5.1.26. Unemployment Insurance Act No. 63 of 2001
5.1.27. Value Added Tax Act No. 89 of 1991
Such records will be made available to only those individuals/entities authorised to request access to such records in terms of the particular legislation. Any other persons must follow the procedure for requesting access to records as outlined in this manual.

6. SUBJECT AND CATEGORIES OF RECORDS HELD BY THE ORGANISATION: SECTION 51(1)(e)
6.1. The following is a list of subjects on which the firm holds records and categories under which it falls. Access to these records may be protected by professional privilege, confidentiality, and/or other reasonable grounds of refusal as set out in this Manual.
RECORDS TYPE
DESCRIPTION OF RECORDS
CLIENT RECORDS
● Personal information includes name, contact details, company information, work experience, educational history, race, and gender.
● Client documentations
● Correspondence with clients
● Correspondence with 3rd parties
● Agreements and advisory reports/ memorandums
● Final statement of accounts Quotations and invoices
● Banking Records
EMPLOYEE RECORDS
● Payroll records
● Leave records
● Employment contracts
● Records containing all employees’ names and occupation
● Salary Records

FINANCIAL RECORDS
● Annual Financial Statements
● Tax Returns
● Tax compliance documents
● Accounting records
● Bank statements and reconciliation
● Financial and accounting records
● Invoices
● Banking Records

COMPANY RECORDS
● Broad-Based Black Economic Empowerment Verification Certificate
● Codes of Conduct
● Memorandum of Incorporation
● Legal Compliance Records
● Policies and procedures
● Internal correspondence
● Records of appointed directors, associates, financial Managers, and officers

THIRD PARTIES
● Supplier documents and agreements
● Rental agreements
● Agreements for the trading activities of the business
● External correspondence
● Service level agreements

7. ACCESS REQUEST PROCEDURE: SECTION 51(1)(e)
7.1. Access to records held by LA Nompumza Attorneys is optional, and the Organisation can refuse it on any grounds for refusal contemplated in Chapter 4 of Part 3 of PAIA.
7.2. To request access to records held by Organisation, the Requester must not only identify the right it is seeking to exercise or protect and explain why the record requested is required for the
exercise or protection of that right but must also comply with all the procedural requirements set
out in PAIA.
7.3. A request for access to information can be made to the Information Officer at LA Nompumza Attorneys. Kindly complete the Form C, which is available on the website of the SAHRC at www.sahrc.org.za. The Requester must:
7.3.1. Completed form C;
7.3.2. Provide details of the person requesting access to record/s to enable the firm to identify the requester;
7.3.3. In the case of a request being made on behalf of a 3rd Party. Submit proof of the capacity in which the request is made;
7.3.4. Provide clear and sufficient details of the information or record/s requested,
7.3.5. Identify the right that the requester wishes to exercise or to protect;
7.3.6. Describe how you want to be informed about the decision to grant or deny the request;
7.3.7. Payment of the prescribed fee of R50 to accompany the request. (Request for personal information is exempted from the prescribed fee).
The Information Officer will give feedback to the Requester on the decision made by the Organisation
in terms of the PAIA, whether to grant access or not to the records being requested.

8. REFUSAL IN TERMS OF PAIA
8.1. LA Nompumza Attorneys may neither confirm nor deny the existence nor non-existence of the information requested to protect an interest identified as a concussive reason to withhold information or to protect trade secrets or the commercial position of the person who supplied the information or is the subject of the information.
8.2. The information may be withheld where it is reasonably believed that providing the information might prejudice the security and client relations of the organisation.
8.3. The Organisation may refuse access to the requested record of parts thereof as allowed in terms of Chapter 4, namely sections 62 to 70 (inclusive) of PAIA.
8.4. In such instances whereby a third party needs to be notified of a request in order to authorise or decline access, the Organisation undertakes to request same from the third party within 21 (twenty -one) days of receipt of the request and to include the required information provided for in terms of section 71(3) of PAIA.
8.5. In the event that the third party declines the request, the Organisation cannot be held responsible for the same.
9. REMEDIES AVAILABLE TO A REQUESTOR ON REFUSAL OF ACCESS
9.1. LA Nompumza Attorneys has no internal appeal procedures that may be followed after a request for access to information has been refused. The decision of the Organisation is final. If the Requester or 3rd party is dissatisfied with the outcome of the request, the Requester is entitled to apply to a court of competent jurisdiction to take the matter further (See Section 78 of PAIA).
10. AVAILABILITY OF THE MANUAL
10.1. The Manual is available for inspection at the Organisation’s offices at no cost. A copy of this Manual may be made available on the Organisation’s website.