PAIA Manual for Intelligent Asset Minders CC

1.  Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.

Section 51(1) of the Act provides that the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private body.

In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession.  Intelligent Asset Minders CC T/A FinBofs.com falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act.  In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released.  In this context, Section 9 of the Act recognises that access to information can be limited.  The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality and the exercising of efficient governance.

Accordingly, this manual provides a reference to the records held by Intelligent Asset Minders CC T/A FinBofs.com and the process that needs to be adopted to access such records.

All requests for access to information (other than information that is available to the public) must be addressed to the Information Officer named in section 2 of this Manual.

2.  Business and Contact Details

Name of Business: Intelligent Asset Minders CC T/A FinBofs.com
Company Registration No.: CK 2001/049132/23
Nature of Business: Financial Planning Practitioners
Head of Business: Andrew Michael van Dam
Position: Member
Postal Address: P.O. Box 50300, Musgrave Road, 4062
Street Address: 20 Kenilworth Drive, Kloof, 3610
Phone Number: 031 7641645
Fax Number: 031 7641646
Fax to E-mail: 0866 194855
E-mail address: andrew@finbofs.com
Website: https://www.finbofs.com

3.  Manual and Guidelines

A guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission.  It contains information required by a person wishing to exercise any right, contemplated by PAIA.  It is available in all of the official languages.

The guide is available for inspection, inter alia, at the offices of the Human Rights Commission at Braampark Forum 3, 33 Hoofd Street, Braamfontein.  Tel: 011 877 3600 

The guide is also available on the Human Rights Commission website at www.sahrc.org.za.

4.  Records available in terms of Section 52(2) of the Act 

Not applicable.

5.  Records that are held at the offices of the business

The following is a list of records that are held at the business’ offices.

Administration/Company Records:

Correspondence
Founding documents
Licences
Statutory Returns
Financial Records:
Annual Financial statements
Tax Returns
Accounting Records
Banking Records
Bank Statements
Paid Cheques
Electronic Banking Records
Asset Register
Rental Agreements
Invoices

Human Resources:

Conditions of Service
Employee Records
Employment Contracts
General Correspondence
Remuneration Records and Policies
Statutory Records
PAYE Records

Operations:

Client and Customer Registry
Contracts
General Correspondence
Marketing Records and Strategies

Statutory Records:

Administration of Estates Act 66 of 1965
Financial Advisory and Intermediary Services Act 37 of 2002
Financial Intelligence Centre Act 38 of 2001
Income Tax Act 95 of 1967
Long Term Insurance Act 52 of 1998
Medical Schemes Act 131 of 1998
Pension Funds Act 24 of 1956
Tax on Retirement Funds Act 38 of 1996
Unemployment Contributions Act 4 of 2002
Unemployment Insurance Act 63 of 2001

6.  Information Request Procedure – Section 51(e)

The requester must complete Form C and submit this form together with the request fee, to the head of the private body.

The form must be submitted to the head of the private body at his/her address, fax number or electronic mail address.

The form must:

  • provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester.
  • indicate which form of access is required.
  • specify a postal address or fax number of the requester.
  • identify the right that the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
  • if in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner.
  • if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the private body.

We will respond to any request within 30 days of receiving the request by indicating whether the request for access has been granted or denied.  Please note that the successful completion and submission of a request for access form does not automatically allow the requester access to the requested record.

Access will be granted to a record if the following criteria are fulfilled:

  • The record is required for the exercise or protection of any right; and 
  • The requester complies with the procedural requirements set out on the Act relating to a request; and
  • Access to the record is not refused in terms of any ground for refusal as contemplated in the Act.

7.  Denial of Access

Access to any record may be refused under certain limited circumstances.  These include:

  • The protection of personal information from unreasonable disclosure concerning any natural person;
  • The protection of commercial information held concerning any third party (for example trade secrets);
  • The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
  • Disclosures that would result in a breach of duty of confidence owed to a third party;
  • Disclosures that would jeopardize the safety or life of an individual;
  • Disclosures that would prejudice or impair the security of property or means of transport;
  • Disclosures that would prejudice or impair the protection of the safety of the public;
  • Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
  • Disclosures of details of any computer programme;
  • Disclosures that will put Intelligent Asset Minders cc T/A FinBofs.com at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
  • Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of Intelligent Asset Minders CC T/A FinBofs.com.

If access to any record or any other relevant information is denied, our response will include:

  • Adequate reasons for the refusal; and 
  • Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.

8.  Fees

The applicable fees are prescribed in terms of the Regulations promulgated under the Act.

There are two basic types of fees payable in terms of the Act.

Request Fee

The non-refundable request fee of R50 (excluding VAT) is payable on submission of any request for access to any record.  This does not apply if the request is for personal records of the requestor.  No fee is payable in such circumstances.

Access Fee

If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

9.  Manual Availability

This manual is available at the offices of the South African Human Rights Commission.  Copies may also be obtained from the Head of Business of Intelligent Asset Minders CC T/A FinBofs.com

If hard copies are required, any transmission costs or postage will be for the account of the requester.