POPI & PAIA POLICY

1.      Introduction

This Paia Policy was prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 and to address requirements of the Protection of Personal Information Act, 2013.

Nature of Business

Alida Hartzenberg Attorney is a legal practice providing legal services.

Contact details

Alidaa Hartzenberg Attorney                                                                  305 Millborough, 70 Upper Mill Street

Sole Proprietor                                                                                             Vredehoek, 8001

Tel: (+27) 83 287 2401                                                                              Email: alida@hmalaw.co.za

2.      Who can make a PAIA request?

Records held by Alida Hartzenberg Attorney may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of the Company and in this regard, the Act distinguishes between two types of requesters:

• Personal Requester: is a requester who is seeking access to a record containing personal information about the requester. Alida Hartzenberg Attorney will provide the requested information or give access to any record about the requester’s personal information, subject to the provisions of the Act and applicable law. The prescribed fee for reproduction of the information requested will be charged by the
• Other Requester: is a requester (other than a personal requester) entitled to request access to information pertainingto third However, Alida Hartzenberg Attorney is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged by the Company.

3.      Request Procedure to be followed

A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. A requester must complete a request form available from Aldia Hartzenberg Attorney and submit it together with proof of payment of a request fee (if applicable) to the information officer at the physical address or email address as stated above. The request form must be completed with sufficient information to enable the information officer to identify the following:

• the record/s requested
• the identity of the requester
• what form of access is required
• the postal address or email of the requester

A requester must state that he/she requires the information to exercise or protect a right and clearly set out what the nature of the right is, so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right.

Alida Hartzenberg Attorney will process a request within 30 days, unless the requestor has stated special reasons which wouldsatisfy the information officer that circumstances dictate that this period need not be complied with.

The requester shall be informed in writing whether access has been granted or denied. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer.

Decision

Alida Hartzenberg Attorney will decide whether to grant or decline a request and will give notice with reasons (if required) to that effect. The 30 day period within which Alida Hartzenberg Attorney has to decide whether to grant or refuse a request, may be extended for a further period of not more than 30 days if the request is for a large quantity of information, or the request requires a search for information that has been backed up and stored offsite and the information cannot reasonably be obtained within the original 30 day period. The information officer will notify the requester in writing should an extension be necessary.

4.      Grounds for refusal of access to records in terms of PAIA

The following are the grounds on which Alida Hartzenberg Attorney may refuse a request for access in accordance with Chapter 4 of PAIA:

• Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of personal information would be
• Mandatory protection of the commercial information of a third party, if the records contain:

1. Trade secrets of that third party
2. Financial, commercial, scientific, or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
3. Information disclosed in confidence by a third party to Alida Hartzenberg Attorney, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition
   • Mandatory protection of confidential information of third parties if it is protected in terms of any
   • Mandatory protection of the safety of individuals and the protection of
   • Mandatory protection of records that would be regarded as privileged in legal
   • Protection of the commercial information of Alida Hartzenberg Attorney, which may Include:
4. Trade secrets
5. Financial/commercial, scientific, or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of Alida Hartzenberg Attorney.
6. Information which, if disclosed, could put Alida Hartzenberg Attorney at a disadvantage in contractual or other negotiations or prejudice Alida Hartzenberg Attorney in commercial competition.

5.      Remedies available to the requester upon refusal of a request for access in terms of PAIA

In accordance with sections 56(3)(c) and 78 of PAIA, a requestor may apply to a court for relief within 180 days of notification of the decision for appropriate relief.

6.      Fees

The Act provides for two types of fees:

• A request fee: which will be a standard fee of R50. This fee is waived if requesting access to your own personalinformation
• An access fee: to be calculated according to the reproduction costs, search and preparation time and cost, including postal costs where
  
  

When a request is received by the information officer of Alida Hartzenberg Attorney, the information officer shall by notice require the requester (other than a personal requester) to pay the prescribed request fee before further processing of the request can take place. If a search for the information is necessary and the preparation and disclosure of the information for disclosure requires more time than prescribed in the regulations for this purpose, the information officer shall notify the requester to pay as a deposit if the request is granted.

The information officer shall withhold information until the requester has paid the fee/s indicated. If a deposit has been paid in respect of a request for access which is refused, then the information officer shall repay the deposit to the requester.

7.      Changes to this Policy

Any changes to this policy will be updated on our website. Your continued use of our services following the update means that you accept Alida Hartzenberg Attorney’s updated PAIA Policy.

July 2025