PAIA Manual
in terms of Section 51 of the PROMOTION OF ACCESS TO INFORMATION ACT 2/2000 (the “Act”) (“PAIA Manual”)
Introduction, Purpose and Scope
This manual applies to Intembeko. The purpose of this manual is to outline the procedure for requesting access to the records held by Intembeko in terms of the PAIA.
Intembeko is an authorised Financial Services Provider in terms section 8 of the Financial Advisory and Intermediary Service Act with FSP number 49186 and an administrator in terms of section 13B of the Pension Funds Act with licence number 24/788.
Intembeko provides transfer agency administration services in full compliance with governing legislation.
Intembeko was incorporated in September 2017 to efficiently maintain and operate as one of the first black owned and managed transfer agency service providers in South Africa.
Transfer agency administration involves the processing of transactions and maintenance of investor records and balances. It includes the resultant cash flows through the banking systems, ancillary functions including fund accounting, unit and bank reconciliations as well as associated reporting.
The PAIA was enacted to give effect to the right of access to information by detailing the ways in which information from public and private bodies can be accessed, and by providing grounds on which a public and private body can refuse such access.
Access to the records may be requested from the Information Officer via the contact details contained in this manual.
Contact Details
Information Officer: Mr Timothy Molteno (Managing Director)
Street/physical address: 5th Floor Newlands Terraces 8 Boundary Road Newlands 7700
Telephone Number: 021 541 0222 Email Address: TMolteno@intembeko.com
The Act and Section 10 Guide
3.1 The Act grants a requester access to records of a private body if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2 Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The form and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the SOUTH AFRICAN HUMAN RIGHTS COMMISSION (“SAHRC”), which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
3.4 The contact details of the SAHRC are:
Postal address:
Private Bag 2700 Houghton 2041
Telephone Number: +27-11-877 3600 Fax Number: +27-11-403 0625 Website: www.sahrc.org.za
4. Applicable Legislation
Intembeko maintains statutory records and information in terms of the following legislation.
Core | Secondary | Topical |
Tax | ||
Income tax ActValue Added Tax ActUnemployment Insurance Act |
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Human Resources | ||
Basic Conditions of Employment ActLabour Relations ActEmployment Equity ActOccupational Health and Safety ActSkills Development ActCOVID 19 RegulationsCompensation for Occupational Injuries and Diseases Act | National Credit ActPromotion of Equality and Prevention of Unfair Discrimination ActBroad-Based Black Economic Empowerment Act | Tobacco Products Control ActNational Minimum Wage Act |
Operations | ||
Financial Advisory and Intermediary Services ActFinancial Intelligence Centre ActProtection of Personal Information ActPOCAPOCDATARAFinancial Sector Regulation ActDisaster Management Act | Promotion of Access to Information ActProtected Disclosures ActCompanies ActCompetition ActCompetition Amendment ActECTA |
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5. Access to Records and Availability
All requests for access to records will be evaluated in accordance with the provisions of the Act on a case-by-case basis. Recording of the category of record in the manual does not imply that a request for access to such records will be granted. Records held by Intembeko:
Category | Record | Availability |
Human Resources | Employment Applications (includes personal information) Employment Contracts Employment Equity Plan Personal Information of Employees Medical Aid Records Pension Fund Records Disciplinary Records Salary Records Employee Benefit Records PAYE Records SETA Records Leave Records Training Records | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Financial | Annual Financial Statements Financial and Tax Records Management Accounts and Reports Banking Records and Statements Cashbooks and Ledgers Asset Register Budgets | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Information Technology | IT Policies and Procedures User Manuals | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Regulatory and Administrative | Licences and Authorities Minutes of Board and Committee Meetings Insurance Policies Internal Correspondence (emails/memos) External Correspondence (emails/memos) | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Marketing | Presentations | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Client | Client Agreements Client Database Client Correspondence | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Third Party | Rental Agreement Non-Disclosure Agreements Supplier Contracts Outsourcing Agreements | Proprietary (Pty) Ltd – Request in terms of PAIA. Not available. |
Form of Request
Any person (natural or juristic) may make a request under the PAIA. Where a request for access to a record has been received, the Information Officer will notify the requester of receipt and the prescribed fee (if any) that will be payable prior to processing the request.
To facilitate the processing of your request, kindly:
5.1 Complete the prescribed Form C per Annexure A (also available on the website of the SAHRC at www.sahrc.org.za).
5.2 Address your request to the Head of the Company (Managing Director).
5.3 Provide sufficient details to enable the company to identify:
a) The requester (and if the request is made on behalf of another person, proof of capacity); b) The requester’s contact details (postal address, contact numbers, email address); c) The record/s requested; d) The form or manner in which the record/s should be provided or accessed; e) If the requester wishes to be informed of the decision in any other manner (in addition to the written reply), the manner and particulars thereof; f) The right which the requester is seeking to exercise or protect together with an explanation of the reason the record is required to exercise or protect the right.
5.4 Submit the form to the Information Officer.
Prescribed Fees
Requesters are required to pay a fee when requesting access to a record.
The following applies to requests (other than personal requests):
7.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
7.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
7.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
7.4 Records may be withheld until the fees have been paid;
7.5 The fee structure is available on the website of the SAHRC at www.sahrc.org.za
Availability of the Manual
This manual is available at the Intembeko office and in electronic format at www.intembeko.com.
Annexure A
FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10]
A. Particulars of private body
The Head:
B. Particulars of person requesting access to the record
a) The particulars of the person who requests access to the record must be given below. b) The address and/or fax number, in the Republic, to which the information is to be sent must be given. c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname: Identity number:
D. Particulars of record
a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
Description of record or relevant part of the record:
Reference number, if available:
Any further particulars of record:
E. Fees
a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. b) You will be notified of the amount required to be paid as the request fee. c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees: ______________________________
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in points 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability: Form in which the record is required:
a) Compliance with your request in the specified form may depend on the form in which the record is available. b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.
Mark the appropriate box with an X.
If the record is in written or printed form:
Copy of the record* Inspection of the record
If the record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.)
View the images, Copy of the images* Transcription of the images*
If the record consists of recorded words or information which can be reproduced in sound:
Listen to the soundtrack/audio medium Transcription of the soundtrack* (written or printed document)
If the record is held on a computer or in an electronic or machine-readable form:
Printed copy of the record* Printed copy of information derived from the record* Copy in computer readable form
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription be posted to you? Postage is payable. YES NO
G. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
Indicate which right is to be exercised or protected:
Explain why the record requested is required for the exercise or protection of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at______________________ this day of _________________________month 20 Signature of requester/person on whose behalf the request is made.