PAIA Manual

1. LIST OF ACRONYMS AND ABBREVIATIONS

1.1. “CEO” Chief Executive Officer;

1.2. “DIO” Deputy Information Officer;

1.3. “IO“ Information Officer;

1.4. “Minister” Minister of Justice and Correctional Services;

1.5. “PAIA” Promotion of Access to Information Act No. 2 of 2000 (as Amended);

1.6. “POPIA” Protection of Personal Information Act No.4 of 2013;

1.7. “Regulator” Information Regulator; and

1.8. “Republic” Republic of South Africa.

 

2. PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for the public to-

2.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

2.2. have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

2.3. know the description of the records of the body which are available in accordance with any other legislation;

2.4. access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

2.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

2.6. know if the body 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;

2.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;

2.8. know the recipients or categories of recipients to whom the personal information may be supplied;

2.9. know if the body 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

2.10. know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

 

3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE YOUR CAPITAL (PTY) LTD

3.1. Chief Information Officer

• Name: Available upon request
• Email: [email protected]

3.2. Deputy Informtion Officer

• Name: N/A
• Email: N/A

3.3. Access to information general contacts

• Email: [email protected]

3.4. National Head Office

• Postal Address: Midlands Office Park West, Mount Quray Road, Midstream, 1683             
• Physical Address: Midlands Office Park West, Mount Quray Road, Midstream, 1683
• Email: [email protected]
• Website: www.yourcapital.co.za

 

4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

4.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“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 and POPIA.

4.2.The Guide is available in each of the official languages and in braille.

4.3. The aforesaid Guide contains the description of-

 4.3.1. the objects of PAIA and POPIA;

4.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-

4.3.2.1. the Information Officer of every public body, and

4.3.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];

4.3.3. the manner and form of a request for-

4.3.3.1. access to a record of a public body contemplated in section 11[3]; and

4.3.3.2. access to a record of a private body contemplated in section 50[4];

4.3.4. the assistance available from the IO of a public body in terms of PAIA and POPIA;

4.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;

4.3.6. 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-

 4.3.6.1. an internal appeal;

 4.3.6.2. a complaint to the Regulator; and

4.3.6.3. 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;

 4.3.7. the provisions of sections 14[1] and 51[2] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

 4.3.8. the provisions of sections 15[3] and 52[4] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

 4.3.9. the notices issued in terms of sections 22[5] and 54[6] regarding fees to be paid in relation to requests for access; and

 4.3.10. the regulations made in terms of section 92[7].

4.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

4.5. The Guide can also be obtained-

4.5.1. upon request to the Information Officer;

4.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).

4.6. A copy of the Guide is also available in the following official language, for public inspection during normal office hours-

4.6.1. English

[1] Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

[2] Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

[3] Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[4] Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

1. that record is required for the exercise or protection of any rights;
2. that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
3. access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[5] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

[6] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

[7] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

[8] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

(a) any matter which is required or permitted by this Act to be prescribed;

(b) any matter relating to the fees contemplated in sections 22 and 54;

(c) any notice required by this Act;

(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

5. CATEGORIES OF RECORDS OF THE YOUR CAPITAL (PTY) LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

5.1. The records reflected in the table below are available without a person having to formally request access.

Category of records	Types of the Record	Available on Website	Available upon request
Company information	Complaints policy and procedure Conflicts of interest policy and register PAIA Manual Privacy notice/statement Terms and conditions	X	X
Company information	Other policies		X
Publications	Advertising Information documents Marketing material Newsletters Presentations Press releases Social media Videos Websites and content	X	X

6. DESCRIPTION OF THE RECORDS OF YOUR CAPITAL (PTY) LTD WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

6.1. The records reflected in the table below are available, in accordance with legislation.

Category of Records	Applicable Legislation
Company information	Companies Act 71 of 2008
Collective investment schemes information	Collective Investment Schemes Control Act 45 of 2002
Communications information Information security and privacy policy Privacy notice/statement	Electronic Communications Act 36 of 2005 Electronic Communications and Transactions Act 25 of 2002 Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
Competition information	Competition Act 89 of 1998
Copyright information	Copyright Act 98 of 1978
Credit information	Credit Rating Services Act 24 of 2012 National Credit Act 34 of 2005
Employment information	Basic Conditions of Employment Act 75 of 1997 Broad-Based Black Economic Empowerment Act 53 of 2003 Compensation for Occupational Injuries and Diseases Act 130 of 1993 Employment Equity Act 55 of 1998 Labour Relations Act 66 of 1995 Skills Development Act 97 of 1998 Unemployment Insurance Act 63 of 2001
Exchange control information	Currency and Exchanges Act 9 of 1933
Financial crime information	Financial Intelligence Centre Act 38 of 2001 Prevention and Combating of Corrupt Activities Act 12 of 2004 Prevention of Organised Crime Act 121 of 1998 Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
PAIA Manual Information security information	Promotion of Access to Information Act 2 of 2000 Protected Disclosures Act 26 of 2000 Protection of Personal Information Act 4 of 2013
Complaints management policy and procedure Financial services provider information	Financial Advisory and Intermediary Services Act 37 of 2002
Financial institutions information	Financial Institutions (Protection of Funds) Act 28 of 2001 Financial Sector Regulation Act 9 of 2017
Financial markets information	Financial Markets Act 19 of 2012
Health information	Council for Medical Schemes Levies Act 58 of 2000 Medical Schemes Act 131 of 1998 Occupational Health and Safety Act 85 of 1993 Tobacco Products Control Act 83 of 1993
Insurance information	Insurance Act 18 of 2017 Long-Term Insurance Act 52 of 1998 Short-Term Insurance Act 53 of 1998
Legal information	Interpretation Act 33 of 1957 Justices of the Peace and Commissioner of Oaths Act 16 of 1963 Legal Practice Act 28 of 2014 Promotion of Administrative Justice Act 3 of 2000 Small Claims Courts Act 61 of 1984
People information	Births and Deaths Registration Act 51 of 1992 Childrens Act 38 of 2005 Civil Union Act 17 of 2006 Consumer Protection Act 68 of 2008 Constitution of the Republic of South Africa (as amended) Maintenance Act 99 of 1998 Marriage Act 99 of 1998 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Retirement fund information	Friendly Societies Act 25 of 1956 Government Employees Pension Law (1996) Pension Funds Act 24 of 1956
Tax information	Employment Tax Incentive Act 26 of 2013 Income Tax Act 58 of 1962 Organisation for Economic Co-operation and Development (OECD) Common Reporting Standard for automatic exchange of financial account information (CRS) Securities Transfer Tax Act 25 of 2007 Securities Transfer Tax Administration Act 26 of 2007 Skills Development Levies Act 9 of 1999 Tax Administration Act 28 of 2011 Tax on Retirement Funds Act 38 of 1996 Unemployment Insurance Contributions Act 4 of 2002 United States Foreign Account Tax Compliance Act (FATCA) Value Added Tax Act 89 of 1991
Trust property information	Trust Property Control Act 57 of 1988