PAIA MANUAL - Marius van Rensburg & Associates - FSP 10976
1.1 “MEMBERS” Members of Marius van Rensburg & Associates
1.2 “MVRAS” Marius van Rensburg & Associates CC
1.3 “DIO” Deputy Information Officer
1.4 “IO” Information Officer
1.5 “Minister” Minister of Justice and Correctional Services
1.6 “PAIA” Promotion of Access to Information Act No. 2 of 2000 (as Amended)
1.7 “POPIA” Protection of Personal Information Act No.4 of 2013
1.8 “Regulator” Information Regulator
1.9 “Republic” Republic of South Africa
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 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.
3.1 Members of Close Cooperation
Name: Garry Shale
Tel: 011 867 7701
Email: garry@mvras.co.za
Fax number: 086 204 7684
3.2 Information Officer
Name: Garry Shale
Tel: 011 867 7701
Email: garry@mvras.co.za
3.3 There is no DIO at MVRAS
3.3 Access to information general contacts
Email: admin@mvras.co.za
3.4 Address of MVRAS
Postal Address: PO Box 5147, Meyersdal,1447
Physical Address: Unit 9, 1st Floor, Fish Eagle 1, 12 Kingfisher Crescent, Meyersdal, 1448
Telephone: 011 867 7701
Email: admin@mvras.co.za
Website: www.mvras.co.za
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 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[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[5] and 51[6] 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[7] and 52[8] 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[9] and 54[10] regarding fees to be paid in relation to requests for access; and
4.3.10 the regulations made in terms of section 92[11].
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 (https://www.justice.gov.za/inforeg/).
4.6 A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-
4.6.1 English & Afrikaans
[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-
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.
[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 MVRAS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
| Category of records | Types of the Record | Available on Website | Available upon request |
|---|---|---|---|
| Insurances & Investments | Updated values and policy information | - | x |
| Compliance | Privacy Statement / PAIA Manual | x | x |
6. Description of the records of MVRAS which are available in accordance with any other legislation
| Category of records | Applicable Legislation |
|---|---|
| Memorandum of incorporation | Companies Act 71 of 2008 |
| Compliance documentation | Financial Advisory and Intermediary Services Act |
7. Description of the sunjects on which the body holds records and categories of records held on each subject by mvras
| Subjects on which the body holds records | Categories of records |
|---|---|
| Strategic Documents, Plans, Proposals | Annual Reports, Strategic Plan, Annual Performance Plan. |
| Human Resources | - HR policies and procedures - Advertised posts - Employees records |
8. processing of personal information
8.1 Purpose of Processing Personal Information – personal information is required to process an individual’s financial application, and this is a requirement of the selected Service Provider. This application and information are only shared with the designated Service Provider and no external party. In additional, information will be requested by Garry Shale to comply with all compliance requirements imposed by The Financial Advisory and Intermediary Services Act
8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
| Categories of Data Subjects | Personal Information that may be processed |
|---|---|
| Customers / Clients | name, address, registration numbers or identity numbers, employment status, bank details, insurance contracts, medical history, tax number and annual reviews |
| Service Providers | names, registration number, vat numbers, address, product offerings and bank details |
| Employees (employer sponsored retirement fund or group medical aid and or Gap cover) | address, banking details, qualifications, gender, tax number and race, medical history |
8.3 The recipients or categories of recipients to whom the personal information may be supplied
| Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied |
|---|---|
| Application or Member Query | Client’s designated service provider |
| Compliance Audit | External compliance officer from Masthead |
| Money Laundering | FIC Website |
8.4 Planned transborder flows of personal information – all personal information is stored in Microsoft Cloud and only staff employed at MVRAS have access to this information. Data is stored under various folders for ease of reference – individuals, employer – retirement fund & employers medical aid. No external Provider has access to this information.
8.5 MVRAS Information Security Measures to ensure the confidentiality, integrity, and availability of the information are:
8.5.1 The premises at MVRAS are access controlled via fingerprint recognition, therefore only staff have access to our office.
8.5.2 All laptops have multiple log in processes and lock down is implemented if a laptop is not used within 5 minutes.
8.5.3 Only staff have access to the cloud facilities where records are stored.
8.5.4 With the assistance of our external Compliance Officer, Masthead, we adopted a four phases approach when implementing POPI Policy, which is (1) An initial risk assessment (2) Detailed risk assessment, (3) Risk Management, Developing & Implementing solutions and (4) Training and Awareness.
8.5.5 Our processes will be monitored monthly, and the policy will be reviewed in annually.
8.5.6 A website was designed to incorporate our Privacy Statement & PAIA Manual, and this was protected should individuals wish to contact us directly via this platform. No personal information is held on this platform.
8.5.7 All e-mails are encrypted when sent from our offices, if a document is sent holding personal information, then this will be password protected.
8.5.8 Professional Indemnity Insurance is held by MVRAS
9.1 A copy of the Manual is available-
9.1.1 on www.mvras.co.za;
9.1.2 Contact Garry Shale for public inspection during normal business hours.
9.1.3 to any person upon request and upon the payment of a reasonable prescribed fee
9.2 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.
This is reviewed and updated in January of each year.
Garry Shale – Information Officer
Marius van Rensburg & Associates