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PAIA Manual

PAIA Manual

Last updated: 2025-03-26

The Promotion of Access to Personal Information Manual (“PAIA Manual”)

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

Date of compilation: 20 April 2022

Date of revision: 19 November 2024

PROMOTION OF ACCESS TO INFORMATION MANUAL

  1. Preamble
  1. The Promotion of Access to Information Act, 2000 (“PAIA”) came into operation on 9 March 2001. Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such a private body and stipulates the minimum requirements that the manual has to comply with.
  2. This Manual constitutes FiveWest OTC Desk Pty Ltd’s PAIA Manual.
  1. List of acronyms and abbreviations

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

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

  1. Purpose of the Manual  

This PAIA Manual is useful for the public to-

  1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
  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;
  3. know the description of the records of the body which are available in accordance with any other legislation;
  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;
  5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
  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;
  7. know the description of the categories of data subjects and of the information or categories of information relating thereto;
  8. know the recipients or categories of recipients to whom the personal information may be supplied;
  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
  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.
  1. Key Contact Details

Name of Company:

FiveWest OTC Desk Pty Ltd

Designated Information Officer:

Casey van der Velde

Email address of Information Officer:

[email protected] - FiveWest

Telephone:

021 203 1678

Physical address:

Suite 1403, 14th Floor, 4 Bree Street, Foreshore, Cape Town, 8000

Website address:

https://www.fivewest.co.za

  1. Guide on how to use PAIA and how to obtain access to the Manual
  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.
  2. The Guide is available in each of the official languages and in braille.
  3. The aforesaid Guide contains the description of-
  1. the objects of PAIA and POPIA;
  2. the postal and street address, phone and fax number and, if available, electronic mail address of-
  1. the Information Officer of every public body, and
  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];
  3. the manner and form of a request for
  1. access to a record of a public body contemplated in section 11[3]; and
  2. access to a record of a private body contemplated in section 50[4];
  1. the assistance available from the IO of a public body in terms of PAIA and POPIA;
  2. the assistance available from the Regulator in terms of PAIA and POPIA;
  3. 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-
  1. an internal appeal;
  2. a complaint to the Regulator; and
  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. 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;
  5. 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;
  6. the notices issued in terms of sections 22[9] and 54[10] regarding fees to be paid in relation to requests for access; and
  7. the regulations made in terms of section 92[11].
  1. 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.
  2. The Guide can also be obtained-
  1. upon request to the Information Officer;
  2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
  1. A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-
  1. English & Afrikaans.

  1. Categories of records of FiveWest which are available without a person having to request access

Types of the record

Availability

Information relating to our products and services

Freely available on the website

Terms of Use, Additional Documentation including Product Terms

Freely available upon request, upon creating a FiveWest Account and available online

  1. Description of the records of FiveWest which are available in accordance with other legislation

Category of Records

Applicable Legislation

Memorandum of Incorporation, Certificate of Incorporation

Companies Act 71 of 2008

PAIA Manual

Promotion of Access to Information Act 2 of 2000

Licenses and Certificates

Financial Advisory and Intermediary Services Act, 2002; National Payment System Act, 1998

  1. Description of the subjects on which the body holds records and categories of records held on each subject by FiveWest

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

Financials

Audited Financial Statements

  1. Processing of Personal Information
  1. Purpose of Processing Personal Information
  1. rendering of services to our clients;
  2. employee administration;
  3. recruitment;
  4. general administration;
  5. maintaining records;
  6. financial requirements;
  7. compliance with legal and regulatory requirements.

  1. Description of the categories of Data Subjects and of the information or categories of information relating thereto
  1. The categories of Data Subjects and of the information or categories of information relating thereto includes but is not limited to those set out in FiveWest’s privacy policy.

  1. The recipients or categories of recipients to whom the personal information may be supplied
  1. The recipients or categories of recipients to whom the personal information may be supplied includes but is not limited to those set out in FiveWest’s privacy policy as well as FIveWest’s Risk Management Compliance Policy.

Category of personal information

Recipients or Categories of Recipients to whom the personal information may be supplied

Identity number and names, for criminal checks

South African Police Services

Identity or company details, transaction details

Financial Intelligence Centre, Financial Sector Conduct Authority, South African Reserve Bank

  1. Planned transborder flows of personal information
  1. Personal Information will be safely and securely stored in the Republic of South Africa.
  2. Personal information may be provided to reputable non-local third parties in order to provide the clients with the requested services.

  1. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
  1. FiveWest has implemented a Company Data Protection Policy which details  the company’s measures and steps taken to ensure the protection of client’s personal information and data. FiveWest’s infrastructure is hosted on Google Cloud Platform which provides built-in security monitoring tools as well full monitoring and logging set up for the cloud network activities on virtual private clouds and metrics and alerts for suspicious activity. Additionally, FiveWest’s on premises network has an institutional grade firewall, with modern networking equipment and VPN access. FiveWest’s own proprietary dashboards, the frontends of the admin/management dashboards are protected by CloudFlare as well as a username, password and 2FA.

  1. Availability of the Manual
  1. A copy of the Manual is available-
  1. on file, if any;
  2. head office of Fivewest  for public inspection during normal business hours;
  3. to any person upon request and upon the payment of a reasonable prescribed fee; and
  4. to the Information Regulator upon request.
  1. 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.

  1. Updating of the Manual
  1. This Manual may be updated from time to time. Any changes will be posted on this page with an updated revision date.

Issued by

Casey van der Velde

Information Officer

Page  of

[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.”

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