This PAIA manual ("Manual") is prepared in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000, as amended ("PAIA").
Introduction
- Carides Benjamin Inc. ("Carides Benjamin", "Us", "We") is a personal liability company, duly registered and practising as a law firm in South Africa.
- PAIA gives effect to Section 32 of the Constitution, which provides that everyone has the right to access information held by another person (private body) when such privately held information is required for the protection of rights.
- This Manual may be amended from time to time, and any new versions of the Manual will be made public.
Purpose of PAIA Manual
- This Manual aims to assist potential requesters as to the procedure to be followed when requesting access to information held by Us in terms of PAIA.
-
This Manual is useful for the public to:
- check the categories of records held by Us which are available without a person having to submit a formal PAIA request;
- have a sufficient understanding of how to make a request for access to a record of Carides Benjamin, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
- know the description of the records of Carides Benjamin which are available in accordance with any other legislation;
- access all the relevant contact details of the Information Officer who will assist the public with the records they intend to access;
- know the description of the guide on how to use PAIA, as updated by the South African Human Rights Commission and how to obtain access to it;
- know if Carides Benjamin 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;
- know the description of the categories of data subjects and of the information or categories of information relating thereto;
- know the recipients or categories of recipients to whom the personal information may be supplied;
- know if Carides Benjamin 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
- know whether We have appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
Key Contact Details for Access to Information of Carides Benjamin
Chief and Deputy Information Officers
| Chief Information Officer | Deputy Information Officer | |
|---|---|---|
| Name | Telis Carides | N/A |
| Tel | +27 10 825 5692 | N/A |
| accounts@caridesbenjamin.com | N/A |
General Contacts
| Firm Name | Carides Benjamin Inc. |
|---|---|
| accounts@caridesbenjamin.com | |
| Directors | Telis Carides Micaela Benjamin |
| Physical Address (and Postal) |
1st Floor Cradock Square, 169 Oxford Road Rosebank Johannesburg 2196 |
| Contact Number | +27 10 825 5692 |
| Website | www.caridesbenjamin.com |
How to use PAIA and How to Gain Access to the Guide
- The South African Human Rights Commission has, in terms of Section 10 of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (the "Guide"), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA as well as the Protection of Personal Information Act 4 of 2013 ("POPIA").
- The Guide is available in each of the official languages from the Human Rights Commission at the following offices or on their website: https://www.sahrc.org.za/index.php/understanding-paia.
South African Human Rights Commission
| Physical Address |
29 Princess of Wales Terrace Corner York and St Andrews Street Parktown Johannesburg |
|---|---|
| Postal Address | Private Bag 2700, Houghton, Johannesburg |
| Tel | 011 484 8300 |
| paia@sahrc.org.za | |
| Website | www.sahrc.org.za |
- The Guide is also available on the website of the Regulator: https://www.justice.gov.za/inforeg/.
-
The Guide contains the description of:
- the objects of PAIA and POPIA;
-
the postal and street address, telephone and, if
available, electronic mail address of:
- the Information Officer of every public body; and
- every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;
-
the manner and form of a request for:
- access to a record of a public body contemplated in section 11; and
- access to a record of a private body contemplated in section 50;
- the assistance available from the Information Officer of a public body in terms of PAIA and POPIA:
- the assistance available from the Regulator in terms of PAIA and POPIA;
-
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:
- an internal appeal;
- a complaint to the Regulator; and
- 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;
- 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;
- the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
- the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
- the regulations made in terms of section 92.
Categories of Records Available Without Having to Request Access
| Category of records | Types of the Record | Available on Website | Available on request |
|---|---|---|---|
| About the Firm | Electronic — Website | X | X |
| About the Directors | Electronic — Website | X | X |
| Firm Services | Electronic — Website | X | X |
| Firm Contact Details | Electronic — Website | X | X |
| Firm Resources (Articles; Editorials; Downloads) | Electronic — Website | X | X |
Records Available in Accordance with Other Legislation
- Where applicable, We hold information in terms of the following legislation:
| Category of Records | Applicable Legislation |
|---|---|
| Memorandum of Incorporation | Companies Act 71 of 2008 |
| PAIA Manual | Promotion of Access to Information Act 2 of 2000 |
| Employment | Basic Condition of Employment Act 75 of 1977 |
| Employment | Compensation for Occupation Injuries and Diseases Act 130 of 1993 |
| Employment | Employment Equality Act 55 of 1998 |
| Finance | Income Tax Act 68 of 1962 |
| Employment | Labour Relations Act 66 of 1978 |
| Employment | Occupational Health and Safety Act 85 of 1993 |
| Employment | Skills Development Act 97 of 1988 |
| Employment | Skills Development Levies Act 9 of 1999 |
| Employment | Unemployment Contribution Act 4 of 2002 |
| Communication | Electronic Communications and Transactions Act 25 of 2002 |
| Employment | Unemployment Insurance Act 30 of 1966 |
| Finance | Value Added Tax Act 89 of 1991 |
| Professional Services | Legal Practice Act 28 of 2014 |
| Professional Services | National Credit Act 34 of 2005 |
| Professional Services | Consumer Protection Act 68 of 2008 |
| Professional Services | Financial Intelligence Centre Act 38 of 2001 |
| Professional Services | Prescription Act 68 of 1969 |
Subjects and Categories of Subjects of Records Held
- Where applicable, We hold information in terms of the following records:
| Subjects on which the body holds records | Categories of records |
|---|---|
| General Records |
|
| Human Resources |
|
| Employment Records |
|
| Client Records |
|
Kindly note that the above information will only be made available subject to the provisions of PAIA, and may be refused under attorney and client privilege.
Processing of Personal Information
-
Purpose of Processing Personal Information
We may process personal information in order to carry out lawful instruction of our clients.
-
Description of categories of data subjects and of
information or categories of information relating thereto
Categories of Data Subjects Personal Information that may be processed Customers / Clients name, address, registration numbers or identity numbers, VAT numbers, address, employment status and banking details Service Providers names, registration number, vat numbers, address, trade secrets and banking details Employees address, qualifications, banking details, gender and race -
The recipients or categories of recipients to whom the
personal information may be supplied
Category of personal information Recipients or Categories of Recipients to whom the personal information may be supplied Identity number and names, for criminal checks South African Police Services Qualifications, for qualification verifications South African Qualifications Authority Credit and payment history, for credit information Credit Bureaus Identity number, names, employment status and addresses Legal and other adjudicative forums in carrying out legal proceedings Identity number, names, employment status and addresses Master and Deeds Registries -
Planned transborder flows of personal information
- Carides Benjamin has no planned transborder flows of personal information, unless otherwise under the lawful instruction of a client in carrying out its mandate.
-
General description of Information Security Measures to be
implemented by the responsible party to ensure the
confidentiality, integrity and availability of the
information
- We safeguard personal information on internal servers, which are backup in soft form, and are protected by anti-virus and anti-malware software.
Availability of Manual
-
A copy of this Manual is available—
- on www.caridesbenjamin.com;
- to any person upon request and upon the payment of a reasonable prescribed fee; and
- to the Information Regulator upon request.
- A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy/print made.
Carides Benjamin Inc.