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 IO and DIO who will assist the public with the records that 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 recipients or categories of recipients to whom the personal information may be supplied.

2.8 Know if the body has planned to transfer or process personal information outside of the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied.

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

3.1 Chief Information Officer

3.2 Deputy Information Officer

3.3 General contacts for access to information

3.4 National or Head Office

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, email address of:
  • 4.3.2.1 The IO of every public body, and
  • 4.3.2.2 Every DIO of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA¹;
• 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 11².
  • 4.3.3.2 Access to a record of a private body contemplated in section 50³.
  • 4.3.3.3 An internal appeal.
  • 4.3.3.4 A complaint to the Regulator.
  • 4.3.2.5 An application with a court against a decision by the IO 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.
• 4.3.4 The provisions of sections 14¹ and 51² requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
• 4.3.5 The provisions of sections 15³ and 52⁴ providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
• 4.3.6 The notices issued in terms of sections 22⁵ and 54⁶ regarding fees to be paid in relation to requests for access;
• 4.3.7 The regulations made in terms of section 92⁷;
• 4.3.8 The assistance available from the IO of a public body in terms of PAIA and POPIA;
• 4.3.9 The assistance available from the Regulator in terms of PAIA and POPIA; and
• 4.3.10 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.

4.4 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 IO.
• 4.5.2 From the website of the Regulator (www.inforegulator.org.za.)

4.6 A copy of the guide is also available in the following three official languages, for public inspection during normal office hours:

• 4.6.1 English.
• 4.6.2 Afrikaans.

  ¹Section 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

  ² Section 11 of PAIA – A requester must be given access to a record of a public body if the requester complies with all the procedural requirements in PAIA relating to a request for access to that record, and if access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

  ³Section 50 of PAIA – A requester must be given access to any record of a private body if:

  (a) that record is required for the exercise or protection of any rights;

  (b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and

  (c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

  ⁴Section 14 of PAIA – The Information Officer of a public body must update and publish the manual referred to in subsection (1) at intervals of not more than 12 months.

  ⁵Section 51 of PAIA – The Information Officer of a private body must update and publish the manual referred to in subsection (1) at intervals of not more than 12 months.

  ⁶Section 15 of PAIA – The Information Officer of a public body must update and publish any notice issued under subsection (2) at intervals of not more than 12 months.

  ⁷Section 52 of PAIA – The head of a private body must update and publish any notice issued under subsection (2) at intervals of not more than 12 months.

  ⁸Section 22 of PAIA – If access to a record is granted, the notice must state the access fee (if any) required to be paid by the requester.

  ⁹Section 54 of PAIA – If access to a record is granted, the notice must state the access fee (if any) required to be paid by the requester.

  ¹⁰Section 92(11) of PAIA – The Information Regulator must update and publish the guide referred to in subsection (1) at intervals of not more than two years.

5.1 A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.

5.2 The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.

5.3 Should you wish to access the guide, you may request a copy from the IO by contacting him/her using the details specified above.

5.4 You may also inspect the guide at the company’s offices during ordinary working hours.

5.5 You may also request a copy of the guide from the Information Regulator at the following details:

At this stage, no notice(s) has/have been published on the categories of records that are available without having to request access to them in terms of PAIA.

7.1 Categories of records of The Company which are available without a person having to request access:

7.2 Description of the records/subjects of The Company which are available in accordance with any other legislation:

7.3 The company holds and/or processes the following records for the purposes of PAIA and POPIA:

• 7.3.1 PAIA: PAIA Manual; PAIA guides; PAIA records; PAIA submission records; awareness training.
• 7.3.2 POPIA: Including, but not limited to, the following: IO Registration Certificate; data breach records; retention records; awareness training.
• 7.3.3 Further information which may be made available upon request.

7.4 The above-mentioned records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.

8.1 An individual who wishes to place a request must comply with all the procedures laid down in PAIA.

8.2 The requester must complete Form 02 of PAIA Forms (Request for Access to Record) herein, is attached hereto and submit it to the IO at the details specified herein.

8.3 The prescribed form as well as payment of a request fee and a deposit (if applicable) must be submitted to the IO at/via the postal or physical address, fax number or email address as is stated herein.

8.4 The prescribed form must be completed with enough particularity to enable the IO to determine:

• 8.4.1 The record(s) requested;
• 8.4.2 The identity of the requestor;
• 8.4.3 What form of access is required; and
• 8.4.4 The postal address or fax number of the requestor.

8.5 The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records are requested is required to exercise or protect the right.

8.6 The request for access will be dealt with within 30 (thirty) days from date of receipt, unless the requestor has set out special grounds that satisfies the IO that the request be dealt with sooner.

8.7 The period of 30 (thirty) days may be extended by not more than 30 (thirty) additional days, if the request is for a large quantity of information, or if the request requires a search for information held at another office of the company and the information cannot be reasonably obtained within 30 (thirty) days. The IO will notify the requestor in writing should an extension be necessary.

8.8 The IO must communicate a response to the request for access using Form 03 of PAIA Forms (Outcome of Request and of Fees Payable) herein.This communication shall inform the requestor of:

• 8.8.1 The decision; and
• 8.8.2 Fees payable.

8.9 In the event that the IO is of the opinion that the searching and preparation of the record for disclosure would amount to more than six (6) hours, he/she shall inform the requestor to pay a deposit not exceeding one third of the amount payable.

8.10 Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the IO for assistance.

8.11 An oral request can be made to the IO should the requestor be unable to complete the form due to illiteracy or a disability. The IO will then complete the form on behalf of the requestor and provide a copy of the form to the requestor.

8.12 Form 2 of POPIA Forms (Request for Correction or Deletion) herein, is used by a data subject to request the correction of inaccurate, outdated, incomplete, irrelevant, or misleading personal information, and/or the deletion or destruction of personal information that is no longer necessary or unlawfully obtained, in accordance with Section 24(1) of POPIA. It ensures that responsible parties maintain accurate and lawful records of personal data.

8.13 Form 3 of POPIA Forms (Application for the Issue of a Code of Conduct) herein is used by an industry body, profession, or class of entities to apply for the issuance of a Code of Conduct under Section 61(1)(b) of POPIA. It allows industries to self-regulate how personal information is processed within their sector, in line with the conditions for lawful processing.

8.14 Form 4 of POPIA Forms (Request for Consent – Direct Marketing) herein enables a responsible party to formally request a data subject’s consent to receive direct marketing communications via unsolicited electronic means (e.g., SMS, email), as required under Section 69(2) of POPIA. It ensures that individuals have control over whether and how they are marketed to.

8.15 Form 5 of POPIA Forms (Complaint Regarding Interference with Personal Information) herein allows a data subject or complainant to submit a complaint to the IR concerning unlawful interference with personal information; or a determination made by an adjudicator under POPIA. It provides an avenue for recourse and investigation in cases of non-compliance with data protection obligations.

9.1 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 unreasonable.

9.2 Mandatory protection of the commercial information of a third party, if the records contain:

• 9.2.1 Trade secrets of that third party;
• 9.2.2 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
• 9.2.3 Information disclosed in confidence by a third party to the company, 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.

9.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.

9.4 Mandatory protection of the safety of individuals and the protection of property.

9.5 Mandatory protection of records that would be regarded as privileged in legal proceedings.

9.6 Protection of the commercial information of the company, which may include:

• 9.6.1 Trade secrets;
• 9.6.2 Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the company;
• 9.6.3 Information which, if disclosed, could put the company at a disadvantage in contractual or other negotiations or prejudice the company in commercial competition; and/or
• 9.6.4 Computer programs which are owned by the company, and which are protected by copyright and intellectual property laws.

9.7 Research information of the company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage.

9.8 Requests for records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

10.1 If the company does not have an internal appeal procedure in light of a denial of a request, decisions made by the IO is final.

10.2 The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 (one-hundred-and-eighty) days of notification of the decision for appropriate relief.

The following fees shall be payable upon request by a requestor:

12.1 The purposes for processing personal information include:

12.1.1. To respond to enquiries, requests, complaints, or claims received from clients, prospective investors, business partners, regulators, service providers, suppliers, or other stakeholders, including enquiries relating to investment products, asset management services, investment performance information, regulatory disclosures, governance matters, and general business operations.

12.1.2. To administer and manage financial transactions and relationships, including the processing of fees, invoicing, billing, reconciliations, distributions, refunds (where applicable), financial reporting, credit control, and other financial administration activities relating to investment management and advisory services.

12.1.3. For security, access control, risk management, compliance, and identity verification purposes, including verifying the personal information of employees, clients, investors, contractors, visitors, and service providers; managing physical and electronic access to offices, systems, and platforms; and monitoring CCTV footage at business premises where applicable.

12.1.4. To communicate with clients, investors, custodians, regulators, service providers, financial institutions, and employees, and to carry out instructions or service requests, including client onboarding, investment instructions, reporting, regulatory correspondence, operational communications, and contractual administration.

12.1.5. To conduct client and investor relationship management activities, including client servicing, feedback initiatives, satisfaction surveys, stakeholder engagement, and the provision of information relating to investment products, services, market updates, and business developments, subject to applicable consent and marketing requirements.

12.1.6. For any other related business purposes aligned with our service offering.

12.2. Description of the categories of data subjects and of the information or categories of information relating thereto:

The Company may transfer or store certain categories of personal information outside the Republic of South Africa, primarily through the use of cloud-based service providers, payment gateways, marketing platforms, and IT hosting providers. These service providers may be located in jurisdictions such as the United States of America, the European Union, and other regions where global service providers host their systems.

Categories of personal information transferred may include:

• Name, surname, ID number, contact details, payroll and benefits information, employment agreements, training records, and other relevant HR data. This may be transferred to international payroll, HR, or IT service providers where applicable.
• Supplier and Service Provider Information: Name, company name, contact details, bank details, invoices, contracts, and compliance documentation. This information may be shared with approved international service providers for payment processing, ordering systems, or operational support.
• Cloud Storage and IT System Data: Personal and operational information stored or processed via cloud platforms or IT systems.

  The Company will only transfer personal information across borders where the recipient country ensures adequate levels of protection or where binding agreements provide safeguards in line with Section 72 of POPIA.

14.1 General description of information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information:

• 14.1.1. Compliance with applicable legislation, including the Protection of Personal Information Act (POPIA), the Promotion of Access to Information Act (PAIA), Companies Act, and Employment legislation, to ensure lawful and secure handling of personal information.
• 14.1.2. Operator agreements with third-party providers include confidentiality undertakings, breach notification obligations, and restrictions on further disclosure.
• 14.1.3. Access control and authentication measures, including password protection, role-based access, and multi-factor authentication to limit access to authorised personnel only.
• 14.1.4. Physical and electronic safeguards, secure storage of physical records, CCTV and security monitoring of IT infrastructure.
• 14.1.5. Organizational measures include employee POPIA training, retention and disposal schedules, incident response and data breach management plan in place to ensure timely response and reporting.
• 14.1.6. These safeguards are continuously reviewed and enhanced to address new risks, changing business processes, and advancements in technology.

15.1 A copy of the manual is available:

• 15.1.1. At (https://za.rs-online.com/web/) or any head office of The Company for public inspection during normal business hours;
• 15.1.2. To any person upon request and upon the payment of a reasonable prescribed fee; and
• 15.1.3. To the Information Regulator upon request.

15.2. A fee for a copy of the manual, as contemplated in Annexure B of the Regulations, shall be payable per each A4-size photocopy made.

16.1 A data subject who wishes to object to the processing of personal information in terms of section 11(3)(a) or section 11(3)(b) of the Act, must submit the objection to a responsible party at any time during office hours of a responsible party and free of charge.

16.2 A data subject who wishes to object to the processing of personal information must do so on a form substantially similar to Form 3 herein, free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, or WhatsApp and or in any manner expedient to a data subject in terms of section 11(3)(a) of the Act.

16.3 A responsible party must, when collecting personal information of a data subject, notify the data subject, in terms of section 18(1)(h)(iv) of the Act, of their right to object, as referred to in section 11(3) of the Act.

16.4 If an objection to the processing of personal information of a data subject is made telephonically, such an objection shall be electronically recorded by a responsible party and upon request, be made available to the data subject in any manner, including the transcription thereof.

17.1. A data subject has the right, in terms of section 24 of the Act, to request, where necessary, the correction, destruction, or deletion of his, her or its personal information.

17.2. A data subject, who wishes to request a correction or deletion of his, her, or its personal information, as provided for in section 24(1)(a) of the Act, has the right to request correction or deletion of personal information at any time and free of charge, if the personal information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

17.3. A data subject who wishes to request the destruction or deletion of a record of his, her, or its personal information in terms of section 24(1)(b) of the Act, has the right to request the destruction or deletion of a record of his, her or its personal information at any time and free of charge, if a responsible party is no longer authorised to retain such information in terms of section 14 of the Act.

17.4. A request for correction to or deletion of personal information, as referred to in sub-regulation 12.11.2 or a request for the destruction or deletion of a record of personal information, as referred to in sub-regulation 12.11.3 must be submitted to a responsible party on a form which is substantially similar to Form 2 of POPIA Forms herein free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, WhatsApp message or in any manner expedient to a data subject.

17.5. A request for a correction or deletion of personal information by telephonic means shall be recorded by a responsible party and such recording must, upon request, be made available to a data subject in any manner, including the transcription thereof which shall be free of charge.

17.6. A responsible party must, within 30 (thirty) days of receipt of the outcome of the request referred to in sub-regulation 12.11.2 or 12.11.3, notify a data subject, in writing, of the action taken as a result of the request.

The head of The Company will update this manual on a regular basis.

PAIA Forms

Form 01: Request for a Copy of the Guide from an Information Officer

Form 02: Request for Access to Record

Form 03: Outcome of Request and of Fees Payable

Form 05: Complaint Form

Form 13: PAIA Request for Compliance Assessment Form

POPIA Forms

Form 1: Objection to the Processing of Personal Information

Form 2: Request for Correction of Deletion of Personal Information or Deletion of Record of Personal Information

Form 3: Application for the Issue of a Code of Conduct

Form 4: Application for the Consent of a Data Subject for the Processing of Personal Information for the Purpose of Direct Marketing

Form 5: Complaint Regarding Interference with the Protection of Personal Information for the Purpose of Direct Marketing