PAIA Manual & POPIA
Privacy Notice

This manual is published by Clark & Johnston Attorneys ("the Firm", "we", "us") in accordance with section 51 of PAIA, and incorporates our POPIA privacy notice in line with the Information Regulator's guidance permitting these disclosures to be combined into a single document. It explains what records we hold, how to request access to them, and how we collect, use and protect personal information.

Clark & Johnston Attorneys is a corporate and commercial law practice led by co-founder and attorney Angela Clark (LPC Enrolment No. F75989), an admitted attorney of the High Court of South Africa, with corporate and commercial law, tax advisory, dispute resolution and supporting property services, with a presence in Johannesburg, Cape Town and Durban.

Section 10 of PAIA requires the Information Regulator to make available a guide containing information to assist any person wishing to exercise a right of access to records under PAIA. The guide is available in each official language on the Information Regulator's website at www.inforegulator.org.za, or on request from the Information Regulator. This manual should be read together with that guide.

Access to some of these records may be limited or refused on the grounds set out in Chapter 4 of PAIA, which include, among others, legal professional privilege, the protection of a third party's personal information, and commercially sensitive or confidential information.

A request must be made on the prescribed form (Form 2 under PAIA), addressed to the Information Officer at the contact details in section 3, and must provide sufficient detail to enable the record to be located, together with proof of identity.

The following fees currently apply to a request made to a private body, as prescribed by the Regulations to PAIA (correct as at the date of this manual and subject to change - please confirm current amounts with us or the Information Regulator before relying on them):

We will respond to a valid request within 30 calendar days, extendable by a further period in the circumstances permitted by PAIA, and will notify you in writing of the outcome.

If a request is refused, if you are unhappy with how your request was handled, or with how your personal information has been processed, you may lodge a complaint with the Information Regulator:

Clark & Johnston Attorneys is the responsible party for personal information processed in connection with our services and our website.

Client and matter information. We collect personal information necessary to open and conduct a client matter (such as identity, contact, financial and property details), including information required to comply with FICA and other regulatory obligations. This is necessary to perform our mandate and to comply with our legal obligations.

Enquiries. If you contact us by email or telephone, we collect the name, contact details and message content you choose to provide, in order to respond to your enquiry.

Depending on the matter, we may need to share relevant personal information with third parties such as the Deeds Office, SARS, financial institutions, correspondent attorneys, other parties to a transaction and their representatives, and the consulting attorneys within our network who are engaged on a matter - always limited to what is necessary for that matter.

We do not routinely transfer personal information outside South Africa. Where a specific matter requires this, we will only do so in accordance with the conditions set out in section 72 of POPIA.

We retain client and matter records for the period required by our professional and statutory obligations as attorneys, and enquiry information for no longer than is necessary to respond to and resolve the enquiry.

We take appropriate technical and organisational measures to protect the personal information in our possession against loss, unauthorised access and misuse.

Subject to POPIA, you have the right to: be notified of the processing of your personal information; access the personal information we hold about you; request correction or deletion of your personal information; object to the processing of your personal information in certain circumstances; and lodge a complaint with the Information Regulator (contact details in section 7).

To exercise any of these rights, please contact our Information Officer using the details in section 3.

This manual is available on our website and at our principal place of business. It is reviewed and updated periodically.