Access to Information Manual

This Access to Information Manual is published by Mashiane Attorneys Inc. in compliance with section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA gives effect to the right of access to information entrenched in section 32 of the Constitution of the Republic of South Africa, 1996. This Manual describes who we are, the categories of records we hold, how to submit a request for access to those records, the applicable fees, and the remedies available to you if your request is refused.

Any person may request access to records held by Mashiane Attorneys Inc. where that information is required to exercise or protect any right. Requests must be made in accordance with the procedure set out in this Manual. Requests that do not comply with the prescribed procedure will not be processed until they are complete.

This Manual is available on our website at all times and is reviewed annually or whenever there is a material change to our records, applicable fees, or the regulatory framework governing access to information.

The head of Mashiane Attorneys Inc., as defined in section 1 of PAIA, is the designated Information Officer responsible for receiving, processing, and responding to all requests for access to information submitted under this Act. The Information Officer is also the firm's designated Information Officer under the Protection of Personal Information Act 4 of 2013 (POPIA) and carries overall responsibility for data governance compliance at Mashiane Attorneys Inc.

Information Officer: Jabu Mashiane
Designation: Managing Director and Founder
Firm: Mashiane Attorneys Inc.
Physical Address: Mashiane Attorneys Inc., Johannesburg, Gauteng
Postal Address: Mashiane Attorneys Inc., Johannesburg, Gauteng
Email: paia@mashianeattorneys.co.za
Website: www.mashianeattorneys.co.za

All requests for access to records must be directed to the Information Officer using the prescribed Form C, which is available in section 4 of this Manual. Requests submitted by any other means, or without the prescribed form duly completed, may be returned to the requester without processing. The Information Officer will acknowledge receipt of a valid and complete request and will respond within the timeframes prescribed in section 5 of this Manual.

Where the Information Officer is unable to locate a record, or where access is refused, the requester will be notified in writing with reasons, and informed of the right to lodge an internal appeal or approach a court as described in section 8 of this Manual.

Mashiane Attorneys Inc. holds records in the following categories in the ordinary course of its legal practice and business operations. Not all records are automatically accessible under PAIA. Access is subject to the grounds for refusal described in section 7 of this Manual, including but not limited to the protection of third-party personal information, legal professional privilege, and confidential commercial information.

Client and Matter Records

Mandate agreements, client instructions, fee arrangements, legal opinions, advice memoranda, correspondence, pleadings, court documents, settlement agreements, and all records arising from the provision of legal services to clients past and present. These records are subject to legal professional privilege and attorney-client confidentiality and are generally not accessible by third parties.

Financial and Trust Records

Trust account records, invoices, billing statements, payment confirmations, receipts, bank statements, and financial statements maintained in compliance with the Legal Practice Act 28 of 2014, the Rules of the Legal Practice Council, and applicable tax legislation.

Compliance and Regulatory Records

FICA verification records, POPIA processing records, operator agreements, data processing agreements, breach notification records, this Access to Information Manual, POPIA Privacy Policy, and all records maintained in compliance with PAIA, POPIA, the Financial Intelligence Centre Act 38 of 2001, the Companies Act 71 of 2008, and other applicable South African legislation.

Human Resources Records

Employment agreements, candidate attorney training records, payroll records, leave records, performance reviews, disciplinary records, SETA records, and training completion records relating to attorneys, candidate attorneys, and support staff. These records contain personal information protected under POPIA and are generally not accessible by third parties without the express consent of the data subject.

Business Administration Records

Service provider agreements, supplier contracts, IT system records, software licences, insurance policies and claims records, premises lease agreements, and general administrative correspondence.

Website and Digital Records

Contact form submissions, enquiry records, cookie consent logs, website analytics data, and electronic communications arising from interactions with our website at www.mashianeattorneys.co.za.

Any person wishing to access records held by Mashiane Attorneys Inc. must submit a request in accordance with the procedure prescribed by PAIA and summarised below. Failure to follow this procedure may result in the request being returned without processing.

Step 1 — Complete Form C (Prescribed Request Form)

All requests for access to records held by a private body must be made using the prescribed Form C, as set out in Regulation 6 of the Regulations Relating to the Promotion of Access to Information, 2021 (Government Notice No. R.1116 of 22 October 2021). Form C is available below and must be completed in full. Incomplete forms will not be processed.

Step 2 — Provide Proof of Identity

The requester must provide a certified copy of their identity document, passport, or other acceptable proof of identity. Where the request is submitted on behalf of another person, a written authority and proof of the identity of both the requester and the person on whose behalf the request is made must be included.

Step 3 — Describe the Record Sought

The request must describe the record sought with sufficient particularity to enable the Information Officer to identify and locate it.

Step 4 — State the Right to Be Exercised or Protected

The requester must state the right they are seeking to exercise or protect by accessing the record, and explain why access to the record is necessary to exercise or protect that right.

Step 5 — Pay the Request Fee

A non-refundable request fee of R50.00 is payable upon submission, unless the requester is a personal requester seeking access to their own personal information. Payment details are confirmed upon receipt of a valid Form C.

Step 6 — Submit via Contact Form

Submit your completed request using our secure Contact Us page. Select PAIA Request as your inquiry type. Attach or describe the record sought, state the right you wish to exercise, and include your proof of identity. The Information Officer will acknowledge receipt within 5 business days.

Once the Information Officer has received a complete and valid request (accompanied by a duly completed Form C, proof of identity, and payment of the prescribed request fee), the following statutory timeframes apply.

Standard Response Period

The Information Officer must decide whether to grant or refuse a request within 30 days of receiving the request, as required by section 56(1) of PAIA. The Information Officer will notify the requester of the decision in writing within this period.

Extension of Time

The 30-day period may be extended by a further 30 days in terms of section 57 of PAIA where the request is for a large number of records or requires a search through a large number of records, making it impractical to respond within the original period. The Information Officer will notify the requester in writing of any extension and the reasons for it before the expiry of the original 30-day period.

Third-Party Notification

Where a record relates to a third party and the third party has not provided consent to disclosure, the Information Officer must take steps to notify the third party and allow them to make representations before a decision is made. This may affect the processing timeline. The Information Officer will keep the requester informed of any resulting delay.

Deemed Refusal

If the Information Officer fails to respond within the applicable period, the failure is deemed to be a refusal of the request in terms of section 58 of PAIA. In such circumstances, the requester may lodge an internal appeal or approach a court as described in section 8 of this Manual.

Urgency

Where a requester can demonstrate that failure to obtain access to a record imminently will cause irreparable harm, the requester may apply to a court for urgent relief. Urgent applications are governed by the court rules and applicable provisions of PAIA.

PAIA provides for a two-tier fee structure: a request fee payable when submitting Form C, and access fees payable upon granting of access. All fees are prescribed by the Minister of Justice and Constitutional Development and are updated periodically by Government Notice. The fees below are those prescribed under the PAIA Regulations 2021 (GN R.1116) and are subject to change. This Manual will be updated to reflect any regulatory amendments.

Request Fee

A non-refundable request fee of R50.00 is payable by all requesters except personal requesters seeking access to their own personal information. A personal requester is defined as a requester seeking access to a record that contains personal information about the requester themselves. Payment must accompany the submission of Form C.

Access Fees for Reproduction

Where access is granted, the following reproduction fees apply:

• Photocopy per A4 page: R1.10
• Printed copy per A4 page: R0.75
• Transcription of visual images per A4 page: R40.00
• Copy of visual images (compact disc): R70.00
• Transcription of audio records per A4 page: R20.00
• Copy of audio records (compact disc): R30.00

Search and Preparation Fees

Where the search and preparation of a record takes more than 6 hours, a fee of R30.00 per hour (or part thereof) for every hour exceeding the first 6 hours is payable in advance.

Deposit

Where the applicable access fee is likely to exceed R600.00, the Information Officer may require the requester to pay a deposit of up to one third of the estimated fee in advance before the search and preparation of the record commences.

Fee Waiver

The Information Officer may waive or reduce any access fee if the requester demonstrates that they are unable to pay the fee and that the record is required to exercise or protect a right.

Payment Method

Payment details will be communicated to the requester upon acknowledgement of a valid Form C submission. Proof of payment must be submitted before access is granted.

The Information Officer is entitled, and in some cases obliged, to refuse access to records on the grounds set out in sections 63 to 70 of PAIA. Where access is refused, the Information Officer will notify the requester in writing, state the ground(s) for refusal, and inform the requester of their right to lodge an internal appeal or approach a court. The grounds for refusal applicable to private bodies are summarised below.

Mandatory Protection of Privacy (s.63)

Access must be refused where the record contains personal information about a third party (other than the requester) and disclosure would constitute an unreasonable invasion of that person's privacy. This ground is mandatory and cannot be waived by the Information Officer.

Commercial Information (s.64)

Access may be refused where the record contains trade secrets, financial, commercial, scientific, or technical information belonging to a third party, the disclosure of which would likely cause harm to the commercial or financial interests of that third party.

Confidential Information and Third Parties (s.65)

Access may be refused where the record was supplied in confidence by a third party and disclosure would prejudice the third party's future supply of similar information or would not be in the public interest.

Research Information (s.66)

Access may be refused where the record contains information relating to the research of a third party, and disclosure would expose the research before publication or otherwise prejudice the third party.

Records Privileged from Production in Legal Proceedings (s.67)

Access must be refused where the record is privileged from production in legal proceedings, including records subject to legal professional privilege (attorney-client privilege) or litigation privilege. This mandatory ground applies to the majority of client matter files held by Mashiane Attorneys Inc.

Commercial Activities of the Private Body (s.68)

Access may be refused where the record contains trade secrets, financial projections, or commercially sensitive information belonging to Mashiane Attorneys Inc., the disclosure of which could reasonably be expected to harm the firm's competitive position or commercial interests.

Operations of the Private Body (s.69)

Access may be refused where the record contains information about internal processes, personnel matters, or operational methods that could prejudice the firm's ability to carry out its functions, or where disclosure would amount to contempt of court or breach of professional conduct rules.

Severability

In terms of section 71 of PAIA, where only part of a record is subject to a ground of refusal, the Information Officer must grant access to the remainder of the record after severing the parts to which the ground applies, where it is reasonably practicable to do so.

Where a requester is aggrieved by a decision of the Information Officer — including a refusal of access, a deemed refusal arising from failure to respond within the statutory period, a decision regarding fees, or a decision on the form of access granted — the requester has the following remedies available under PAIA.

Internal Appeal (s.74 of PAIA)

A requester who is aggrieved by a decision of the Information Officer of a private body may lodge an internal appeal with the head of the private body within 60 days of receiving notification of the decision (or of the deemed refusal). The head of the private body is Jabu Mashiane, Managing Director and Founder of Mashiane Attorneys Inc.

The internal appeal must set out the grounds of appeal in full and be accompanied by a copy of the original Form C and the decision being appealed. The head of the private body must decide the appeal within 30 days of receiving it and notify the appellant in writing.

How to Submit a Form D Internal Appeal

Submit your appeal using our secure Contact Us page. Select PAIA Request as your inquiry type and clearly state that your submission is a Form D internal appeal. Include the grounds of appeal, a copy of your original Form C, and the decision being appealed. All appeals route directly to paia@mashianeattorneys.co.za.

Application to Court (s.78 of PAIA)

Where an internal appeal has been decided against the requester, or the head of the private body fails to decide the internal appeal within the prescribed 30-day period (a deemed refusal), the requester may apply to the applicable High Court for relief in terms of section 78 of PAIA. The court may make any order it deems appropriate, including granting access to the record and making an order as to costs.

Assistance from the Information Regulator

A requester may also refer a complaint about non-compliance with PAIA to the Information Regulator of South Africa. The Information Regulator has the power to investigate complaints and take enforcement action.

Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Email: inforeg@justice.gov.za
Website: www.inforegulator.org.za
Tel: 010 023 5207

This Access to Information Manual is reviewed annually in compliance with the requirements of PAIA and the guidance issued by the Information Regulator of South Africa. Reviews are conducted to ensure the Manual remains accurate, reflects any changes to the records held by Mashiane Attorneys Inc., and incorporates any amendments to PAIA, its Regulations, or prescribed fees.

In addition to the annual review, this Manual will be updated promptly whenever there is a material change to the firm's record holdings, the prescribed fees schedule, the prescribed forms issued by the Information Regulator, or the applicable legislative framework.

Version History

• Version 1.0 — March 2026: Initial publication. Manual restructured from monolithic format to section-based Access to Information Manual. Prescribed forms (Form C, Form D) embedded as interactive web forms. Annual review date: March 2027.

Prescribed Forms Currently Embedded in This Manual

• Form C — Request for Access to Records of a Private Body (Regulation 6(1), GN R.1116 of 2021) — available in section 4
• Form D — Internal Appeal Against Decision of Information Officer of a Private Body (Regulation 8, GN R.1116 of 2021) — available in section 8

When the Information Regulator issues updated or additional prescribed forms, those forms will be added to the relevant sections of this Manual and the version history updated accordingly. Users completing embedded forms on this website are always completing the current version held in our form management system, independent of PDF downloads from the Information Regulator's website.

Contact for Manual Enquiries

Enquiries about this Manual, requests for a printed copy, or notifications of any inaccuracies may be directed to the Information Officer through the Contact Us page on this website, or in writing to the physical address set out in section 2.