Access to Information
PAIA Manual
Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)
Date of compilation: 18 July 2026 · Date of last revision: 18 July 2026
1. Purpose of This Manual
This manual is published by MJ Kotze Incorporated ("MJ Kotze Inc", "the firm") in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 ("PAIA"), as amended by the Protection of Personal Information Act 4 of 2013 ("POPIA"). It describes the records held by the firm, the records that are available without a formal request, how to request access to the firm's other records, the fees that apply, and how the firm processes personal information. Under section 50 of PAIA, a person must be given access to a record of a private body if the record is required for the exercise or protection of any rights, the procedural requirements of PAIA are met, and no ground of refusal applies.
2. Contact Details
MJ Kotze Incorporated is a law firm registered with the Legal Practice Council (Firm No. 17444). The head of the firm, who also acts as its Information Officer, is:
- Information Officer: Martin Kotze (Director)
- Access-to-information email: martin@mjkinc.co.za
- Telephone: +27 82 891 3029
- Website: https://mjkinc.co.za
3. The Regulator's Guide on How to Use PAIA
The Information Regulator has, in terms of section 10(1) of PAIA, published a Guide on how to use PAIA and POPIA, in an easily comprehensible form, for any person who wishes to exercise a right under either Act. The Guide describes the objects of PAIA and POPIA, the manner and form of requests, the assistance available from information officers and from the Regulator, and all remedies in law available under both Acts. It is available in all official languages and in braille, and may be obtained:
- from the website of the Information Regulator at inforegulator.org.za;
- on request from our Information Officer; and
- for inspection at the offices of the Regulator and of public and private bodies during normal working hours.
4. Records Available Without a Formal Request
The following categories of the firm's records are voluntarily made available in terms of section 52(1) of PAIA without a person having to request access under PAIA:
| Category of records | Types of record | How to access |
|---|---|---|
| Website content | Legal guides, articles, compliance hubs, practice-area pages, interactive tools | On the website |
| Legal notices and policies | Privacy Policy, Website Terms of Use, Template Licence, engagement terms, this PAIA Manual | On the website |
| Fees and services | Published fee information and service descriptions | On the website |
| Document templates and guides | Downloadable templates and practical guides | On the website (subject to the Template Licence) |
5. Records Available in Accordance With Other Legislation
The firm holds records in accordance with, among others, the following legislation. Where legislation grants a person a right of access to a record, access is given in accordance with that legislation:
| Category of records | Applicable legislation |
|---|---|
| Memorandum of incorporation, company statutory records | Companies Act 71 of 2008 |
| Attorneys' trust account and accounting records | Legal Practice Act 28 of 2014 and the Legal Practice Council Rules |
| Client identification and verification records | Financial Intelligence Centre Act 38 of 2001 |
| Tax and VAT records | Tax Administration Act 28 of 2011; Income Tax Act 58 of 1962; Value-Added Tax Act 89 of 1991 |
| Employment records | Basic Conditions of Employment Act 75 of 1997; Labour Relations Act 66 of 1995 |
| PAIA Manual; personal-information processing records | Promotion of Access to Information Act 2 of 2000; Protection of Personal Information Act 4 of 2013 |
6. Subjects on Which the Firm Holds Records
| Subject | Categories of records |
|---|---|
| Client matters | Matter files, correspondence, drafts and executed documents, court and transaction documents, file notes, instructions and mandates |
| Finance and accounting | Invoices, statements, trust and business accounting records, payment records |
| Company and statutory | Incorporation documents, resolutions, registers, regulatory correspondence |
| Personnel | Employment contracts, remuneration and related staff records |
| Marketing and enquiries | Enquiry records, consultation bookings, subscriber and consent records, website analytics |
| Information technology | System access, security and audit logs |
7. Processing of Personal Information (POPIA)
The firm processes personal information in order to provide legal services and conduct client matters; to respond to enquiries and administer bookings, invoicing and payments; to operate its website and client portals; to send legal updates where consented to; and to comply with its professional and statutory obligations. Full particulars are set out in our Privacy Policy, which forms part of this manual by reference.
| Categories of data subjects | Personal information that may be processed |
|---|---|
| Clients and prospective clients | Names, identity and registration numbers, contact details, addresses, FICA verification information, matter information, billing and payment information |
| Counterparties and related parties to matters | Names, contact details, and information necessary for the conduct of the matter |
| Website visitors | Pseudonymous visitor identifier, IP address, browser information, pages visited, enquiry and chat messages, and contact details where provided |
| Service providers | Names, registration and VAT numbers, contact details, bank details |
| Employees | Contact details, identity numbers, qualifications, remuneration and employment records |
Recipients: personal information may be supplied, where necessary and lawful, to courts, regulators and authorities (including the Legal Practice Council, the Financial Intelligence Centre, the Deeds Office, CIPC and SARS), to counsel and correspondent attorneys, to the firm's auditors, and to service providers who process information on the firm's behalf under written agreements.
Transborder flows: some service providers store or process personal information outside South Africa — including cloud hosting and file storage, email delivery, scheduling, electronic signature and accounting providers, and the AI provider (located in the United States) that powers the website assistant. Transfers take place under section 72 of POPIA as described in the Privacy Policy.
Security measures: the firm implements reasonable technical and organisational measures to secure personal information, including encrypted connections and storage, access controls and role-based permissions, malware scanning of uploaded files, audit logging, and periodic review of safeguards.
8. How to Request Access to a Record
To request access to a record of the firm under PAIA:
- Complete Form 2 (Request for Access to Record of a Private Body), available from the Information Regulator's website at inforegulator.org.za/paia-forms, and submit it to the Information Officer at martin@mjkinc.co.za.
- Identify the record sufficiently, indicate which right you seek to exercise or protect and why the record is required for that purpose (section 50(1)(a) of PAIA), and state the form of access you require.
- Provide proof of identity, and, if you act on behalf of another person, proof of your authority to do so.
- Pay the prescribed request fee (section 9 below) when notified to do so.
The firm will decide on a request within 30 days of receipt, which period may be extended once by up to 30 days where permitted by PAIA. Where a request involves a third party's information, the third-party notification procedures in PAIA apply and may affect the timeline. If the firm refuses access, it will provide written reasons with reference to the applicable grounds of refusal.
9. Prescribed Fees
The fees for a request to a private body are prescribed in Annexure B to the PAIA Regulations, 2021 (GN R.757, Government Gazette 45057 of 27 August 2021), and are summarised below. The current fee structure is published by the Information Regulator and may be amended from time to time:
| Item | Fee |
|---|---|
| Request fee | R140,00 |
| Photocopy or printed copy, per A4 page or part thereof | R2,00 |
| Search for and preparation of the record, per hour or part of an hour (excluding the first hour) | R145,00 (not exceeding R435,00 in total) |
| Deposit, where the search and preparation is expected to exceed six hours | Not more than one third of the access fee that would be payable if the request were granted |
| Postage, email or other electronic transfer | Actual expense, if any |
Fees for other forms of reproduction (such as copies in computer-readable form or transcriptions) are charged as prescribed in Annexure B.
10. Grounds on Which Access May or Must Be Refused
Chapter 4 of Part 3 of PAIA (sections 62 to 70) sets out the grounds on which a private body must or may refuse access to a record. Of particular relevance to a law firm, the firm must refuse access to a record that is privileged from production in legal proceedings (section 67 — legal professional privilege), and must protect the privacy of third parties (section 63) and the confidential and commercial information of third parties (sections 64 and 65). Where a ground of refusal applies to part of a record only, the remainder is severed and disclosed in accordance with section 28 read with section 57 of PAIA.
11. Remedies If a Request Is Refused
There is no internal appeal against a decision of the head of a private body. If your request is refused, or the firm fails to respond within the prescribed period, you may:
- lodge a complaint with the Information Regulator within 180 days of the decision, on the complaint form available at inforegulator.org.za/paia-forms (Information Regulator: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001; PAIAComplaints@inforegulator.org.za; 010 023 5200); or
- apply to a court with jurisdiction in terms of section 78 of PAIA.
12. Availability and Updating of This Manual
A copy of this manual is available:
- on this website at mjkinc.co.za/paia-manual;
- at the firm's offices, for public inspection during normal business hours;
- to any person on request, on payment of the prescribed fee (if any); and
- to the Information Regulator on request.
The head of the firm will update this manual whenever material changes occur, and will review it on a regular basis.
Issued by: Martin Kotze, Director and Information Officer, MJ Kotze Incorporated.