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"There are TWO major determinants of community safety. One is how many neighbours we know by name. The other is how often we are present and associated in public - outside our houses. Police activity is a minor protection compared to these two community actions.
- John McKnight & Peter Block, The Abundant Community
PARKTOWN NORTH RATEPAYERS' AND RESIDENTS' ASSOCIATION NPC
(hereinafter referred to as the PNRA):
ACCESS TO INFORMATION MANUAL (PRIVATE BODY)
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
The objective of these guidelines is to ensure compliance with the Promotion of Access to Information Act, 2000 (Act No 2 of 2000) (hereinafter referred to as
PAIA, as well as the Companies Act, 2008 (Act 71 of 2008) that gives effect to section 32 of the Constitution. Section 32 provides for “the right of access to
information” and states that “everyone has the right of access to any information held by public and private bodies that is required for the exercise or
protection of any rights.”
Additionally, under the Protection of Personal Information Act, 2013 (Act No 4 of 2013) (hereinafter referred to as POPIA), the PNRA is required to be open and
transparent about how it handles personal information.
2. STATUS & SCOPE OF THE POLICY:
This version replaces all previous versions of such policies or guidelines, and may be revised from time to time to reflect changes in laws and regulations, or
changes in the PNRA’s business operation.
2.2 Private Bodies
The Companies Act, 2008 contains provisions which aim to promote transparency, accountability and integrity in companies highlighting which company
information must be made available to certain persons, who those persons are and the procedures for obtaining the information. In terms of the PAIA,
individuals have a right of access to certain records of any “private body”. A “private body” is described as any Company, Close Corporation, Trust,
Partnership or Individual who trades on a commercial basis.
The PNRA is registered as a Non-Profit Company (NPC) with Members (Registration No.: 2016/161872/08), in terms of the Companies Act, 2008 and is
therefore required to adhere to these legislative requirements.
The manual must comply with the requirements of the PAIA and the Companies Act as well as POPIA, as amended from time to time.
The following approved documents must be referenced in making any decision from a governance and legal perspective (in this order):
a) Promotion of Access to Information Act, 2000 (Act No 2 of 2000);
b) Companies Act, 2008 (Act No 71 of 2008);
c) Protection of Personal Information Act, 2013 (Act No 4 of 2013);
d) PNRA Memorandum of Incorporation (MOI);
e) PNRA Member meeting minutes;
f) PNRA AGM minutes.
PAIA is above any other legislation that may prohibit or restrict any access to information.
2.4 This manual
This manual encompasses all aspects relating to the accessing of information held by the PNRA and how it attends to personal information held.
These aspects include, but are not limited to:
a) Who can request information?
b) What information is readily accessible?
c) What information may Members request under PAIA?
d) What information may Members request under POPIA?
e) What are the rights of non-members?
f) What information is protected?
g) How can information be requested?
h) How is a request processed?
i) How long does it take to process a request?
j) What process is to be followed if request is approved?
k) What process can be followed if request is denied?
l) What are the fees payable?
REQUEST PROCEDURE UNDER PAIA/POPI
3. PROCESS TO BE FOLLOWED
3.1 Who can request information?
Any person or entity must be given access to any record of the PNRA if that record is required for the exercise or protection of any rights and if that person
follows the correct procedure in requesting the information.
3.2 What information is readily accessible?
In terms of the Companies Act, 2008, any Member of the PNRA is entitled to receive any annual financial statements without having to make a demand for it.
Financial statements are tabled for discussion and approval at the Annual General Meeting (AGM) no later than six (6) months after its financial year-end. This
information is made available by the PNRA at no cost to the Members.
3.3 What information may Members request under PAIA?
In terms of the Companies Act, 2008 the PNRA must keep the following:
a) A copy of its Memorandum of Incorporation (hereinafter referred to as MOI.)
b) Any amendments to the MOI and any rules.
c) A detailed record of its current and past directors.
d) Copies of all:
i. Reports presented at an Annual General Meeting (hereinafter referred to as AGM);
ii. Annual Financial Statements (hereinafter referred to as AFS); and
iii. Accounting records
e) Notices and minutes of all Member meetings, including:
i. All resolutions adopted; and
ii. Any document that was made available to Members in relation to each resolution.
f) Copies of any written communications sent generally to all Members.
h) A register or Members.
i) Records on the appointment of Administrator and auditor(s).
j) Records available in accordance with various legislation, including (but not limited to):
i. Promotion of Access to Information Act, 2000 (Act No 2 of 2000);
ii. Companies Act, 2008 (Act No 71 of 2008);
iii. Protection of Personal Information Act, 2013 (Act No 4 of 2013) – refer to the par 3.4 below;
iv. The Employment Equity Act, 1998 (Act No 55 of 1998);
v. The Basic Conditions of Employment Act, 1997 (Act No 75 of 1997); and
vi. The Labour Relations Act, 1995 (Act No 66 of 1995).
These records must be kept in writing, or in a format that can be reduced to writing, for a period of seven (7) years, at the PNRA’s registered office.
the following types of records maintained by the PNRA including the following may be requested by Members:
a) Personnel Records, including (but not limited to):
i. Training schedules and material;
ii. Personal records provided by personnel;
iii .Conditions of employment and other personnel related records; and
iv. Correspondence relating to personnel.
"Personnel" refers to any person who works for or provides services to or on behalf of the PNRA and receives or is entitled to receive remuneration and
any other person who assists in carrying out or conducting the business of the PNRA, including directors, all permanent, temporary and part-time staff,
as well as contract workers.
b) Client Records, including (but not limited to):
i. Records generated by or within the PNRA relating to its members;
ii. Records provided by a third party (typically insurer or reinsurer) in respect of the member; and
iii. Records provided by a member to a third party acting for or on behalf of the PNRA.
“Member” refers to any natural or juristic entity that the PNRA performs services for and by whom PNRA receives remuneration from by virtue of
performing those services.
c) Company Records, including (but not limited to):
i. Financial records (cross refer to par 3.2 above & par f) below;
ii. Operational records;
iii. IT-related records;
v. Administrative records;
vi. Internal Policies and Procedures;
vii. Statutory records;
viii. Human resources (HR) records (not being Personnel Records); and
ix. List of approved suppliers of services and goods.
“Company records” typically encompass records which pertain to the PNRA’s own internal business affairs.
d) Third Party Records including (but not limited to):
i. Financial records, correspondence, contractual records and records provided by the other party.
ii. Personnel, customer or company records which are held by another party, as opposed to the records held by the PNRA itself.
iii. The results of any product or environmental testing or other investigation supplied by, carried out by or on behalf of a third party and its disclosure
would reveal a serious public safety or environmental risk excluding the results of preliminary testing or other investigation conducted for the purpose
of developing methods of testing or other investigation.
“Third Party records” refers to records held by the PNRA pertaining to other parties (not being Personnel Records or Client Records) who have consented
(after certain procedures were followed).
3.4 What rights do Members have under POPIA?
Under POPIA, everyone has various rights in respect of his/her own personal information recorded by the PNRA, including:
a) Confirmation that the PNRA handles his/her personal information.
b) Granting access to his/her own personal information.
c) Requesting that his/her personal information held by the PNRA is corrected, destroyed, or deleted if such information, is inaccurate, irrelevant, excessive,
out of date, incomplete, misleading, or was obtained illegally. or
d) Requesting that his/her personal information held by the PNRA no longer be used for direct marketing purposes.
e) Requesting further information regarding why and how PNRA handles personal information of its job applicants, employees, temps, contractors, and
f) Requesting further information regarding why and how the PNRA handles personal information of its residents (members), and other persons who are not
If a Member wishes to make a request to the PNRA under POPIA in respect of his/her personal information, please follow the procedure described in Part B. Applicable charges as set out in Section B5 will apply.
3.5 What are the rights of Non-Members?
Any person who is not a Member of the PNRA may inspect or copy:
a) The members' register and the register of directors upon payment of a fee which is yet to be determined by Regulation, but which has been capped at
b) Any judgment creditor, after being informed by the relevant sheriff who is attending to execution of the PNRA, that there is insufficient disposable
property to satisfy a judgment debt, is entitled to demand access to the most recent AFS and to receive such AFS without charge within 5 (five) business
days of making the demand.
3.6 What information is protected?
The following information is automatically protected and the PNRA must refuse access if it is requested, namely:
a) Third party information, namely:
i. Trade secrets of a third party.
ii. Financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause
harm to the commercial or financial interests of that third party. or
iii. Information supplied in confidence by a third party, the disclosure of which could reasonably be expected – to put that third party at a disadvantage in
contractual or other negotiations; or to prejudice that third party in commercial competition.
iv. Any information that would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
b) Information that protects the safety of individuals and property, namely:
i. Any information that would be reasonably expected to endanger the life or physical safety of an individual must not be given to anybody.
ii. Information that is likely to prejudice or impair the security of a building, structure or system, (this includes computers or communications systems),
or a means of transport; or any other property; or methods, systems, plans or procedures for the protection of an individual in accordance with a
witness protection scheme; the safety of the public, or any part of the public; or the security of property.
c) Information with regards to legal proceedings, namely:
i. If the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege. If such information
is obtained, without the required consent it may not be used in a court of law unless the court thinks that the exclusion of such information will be
detrimental to the course of justice.
d) Research information of a third party and/or of the Company may not be disclosed if the disclosure of which would be likely to expose:
i. The third party.
ii. A person that is or will be carrying out the research on behalf of the third party.
iii. The subject matter of the research is of serious disadvantage of the third party.
3.7 How can information be requested?
The Board has appointed the PNRA Administrator as Information Officer to assist in the administration of access to information requests. The process by
which information can be requested is detailed hereunder:-
a) Complete the Request Form
The Request Form to be completed and submitted in terms of section 53(1) of PAIA to the Information Officer is Form C (Regulation 10):
Request for Access to Record of Private Body.
The Request Form can be accessed:
i. From the link above;
ii. From the PNRA Management Office.; or
iii. From the Department of Justice website: http://www.justice.gov.za/forms/form_paia.htm (Select “Form C” from the list).
If difficulties are experienced with the completion of the Request Form e.g. not able to write/type or due to a disability, please contact the PNRA
Information Officer for assistance: Tel: 073 633 4560.
The Request Form is to be completed in full before being submitted. The request will not be able to be processed unless the PNRA is able to:
i. Identify the requester.
ii. Identify the records/personal information in question.
iii. Ascertain the nature of your request and the form or way access is required.
iv. Ascertain a sufficient explanation regarding the right sought to exercise or protect, including a clear explanation as to why the records requested is
required to exercise or protect that right.
v. Ascertain proof of the capacity in which the request is being made, if it is being lodged on behalf of another person.
b) Submit the Request Form
The completed and scanned PDF Request Form is to be emailed, delivered or posted to the Information Officer:
* Attention: Information Officer.
* Email: firstname.lastname@example.org
* Physical address: PNRA Administration Office, 32 Cardigan Road, Parkwood, Johannesburg.
* Postal address: PO Box P.O. Box 72435, Parkview, 2122
c) Payment of Request Fee
i. The requester is obliged to pay the applicable Request Fee described in par 3.12 below. A request will not be processed until the applicable
Request Fee is paid.
ii. Payment can be made via:
* Bank guaranteed cheque or postal order (written to PNRA); or
* EFT (direct bank transfer). Proof of payment should be submitted with the completed Request Form. The EFT can be
obtained from the PNRA Administration Office.
The PNRA does not accept payment via credit card or debit card.
d) Further Assistance
The PAIA Unit at the South African Human Rights Commission (SAHRC) can also be contacted for assistance:
* Address: Braampark Forum 3 33 Hoofd Street Braamfontein
* Tel: +27 (0)11 877 3600.
* Website: http://www.sahrc.org.za.
* Email: email@example.com.
SAHRC has produced a detailed guidance on how to exercise your rights under PAIA known as PAIA Section 10 Guide and is available from SAHRC,
and can be accessed on SAHRC’s website.
The office of the Information Regulator can be contacted for assistance at:
* Tel: 012 406 4818.
* Fax: 086 500 3351.
* Website: http://www.justice.gov.za/inforeg/
* Email: firstname.lastname@example.org.
3.8 How is a request processed?
In practice, receipt of the Request Form will be acknowledged in writing by the Deputy Information Officer. The request will be processed when the
completed Request Form is received and any applicable Request Fee is paid.
Once confirmation of a payment of Request Fee has been received by the Deputy Information Officer, the Request Form and supporting information will be
forwarded to the PNRA Board for consideration and a decision.
3.9 How long does it take to process a request?
The PNRA must respond within 30 days of receipt of the completed Request Form, provided the request was correctly submitted and/ or the required
details are properly set out in the completed Request Form.
The PNRA may extend the 30-day period in processing your request if it turns out that it will take more than 30 days to process the request (e.g. due to the
volume of records/personal information that must be processed, or difficulty in accessing the relevant record/personal information). Should this become
necessary, the PNRA will notify the requester.
Once a decision is reached, the PNRA will notify the requester on decision taken in writing.
3.10 What process is to be followed if request is approved?
The PNRA will in writing:
a) Notify the requester:
i. How the access will be granted. The inspection or copying of the records must take place during business hours and for a reasonable period.
ii. What Access Fees are payable. Release the requested record/personal information upon receipt of the applicable Access Fee.
iii. How the request to correct or delete personal information has been or will be actioned.
b) Confirm whether the PNRA in terms of a request under POPIA section 23(1)(a) handles his/her personal information.
3.11 What process can be followed if request is denied?
The PNRA will in writing:
a) Notify the requester of the reasons why the request is refused with specific reference to which section of the PAIA the request was refused.
b) Confirm why a request under POPIA section 23(1)(a) to correct or delete his/her personal information has been denied.
Should the PNRA deny such a request or the requester in not satisfied about the way in which the request was handled including dissatisfaction about the
Access Fee charged or the length of time taken to process the request, note that there is no internal appeal for private bodies. The requester must
approach a Court of Law - the Constitutional Court, the High Court or another court of similar status for relief. Such an application needs to be done within
180 days of receiving the relevant decision made by the PNRA.
3.12 What are the fees payable?
The Deputy Information Officer will advise the requester on whether any fees are payable. PAIA (ito sections 54(1); (7) & (8)) makes provision for the
payment of two types of fees which are payable under PAIA, namely the Request Fee and the Access Fee.
a) Request Fee:
i. The fee of R57.00 (inclusive of VAT) is payable upon making a request to access records/personal information.
ii. The payment of the fee is not required if the requester is:
* Single and earning less than R14,812 p/a; or
* Married (or in a life partnership), and earning less than R27,192 p/a.
b) Access Fee:
i. The fee is payable in respect of records/personal information which are produced in response to request received.
ii. This fee is payable by everyone who makes a request.
iii. The rate of the Access Fees are as follows:
Note that: a) Where the Request Fee is payable, the request will not be processed until the Request Fee has been paid. b) Where the Access Fee is payable, the record/personal information requested will not be released until the Access Fee is paid. c) If the requester is not a private individual and if the search for and preparation of the record requested is in the IFV HOA’s view likely to require more than six (6) hours of work, the IFV HOA reserves the right to require the payment of a 1/3rd of the Access Fee up front as a deposit.
1. Purpose of the Manual in terms of PAIA
The purpose of this Manual is to assist people wishing to access information in terms of the PAIA from the PNRA.
2. Request for access to information
In the event that a person or entity requires access to information as contemplated in the Act, the requester must contact the PNRA Administrator.
In terms of section 25(2):
(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a) the access fee (if any) to be paid upon access;
(b) the form in which access will be given; and
(c) that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of
access 15 granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
(3) If the request for access is refused, the notice in terms of subsection (1 )(b) must—
(a) state adequate reasons for the refusal, including the provisions of this Act relied upon;
(b) exclude, from such reasons, any reference to the content of the record; and
(c) state that the requester may lodge an internal appeal or an application with a court, as the case may be, against the refusal of the request, and the
procedure (including the period) for lodging the internal appeal or application, as the case may be.
3. Terms used in this document [List and define terms used in this manual] ·
Terms defined in the act shall have the meaning set out therein; · Reference to sections shall be a reference to sections in the Act Page 3 of 6 4. Background of [brief description of your organisation] 5. Organisation Details a. Name b. Physical address c. Postal address d. Contact details e. Website address of your organisation 6. Details of the information officer (nominated by your organisation) 7. Section 51(1) (c) In terms of Section 52, a private body may, on a voluntary and periodic basis, submit to the Minister a description of categories of records which are automatically available without a person having to request access in terms of this Act. This includes records which are available: · for inspection · for purchase or copying from the private body; and · from the private body free of charge) [If you have any records in terms of this section list them here. In addition, the private body should indicate how a requester may go about accessing such records]. 8. Section 51(1) (d) The manual must describe those records which a private body must make available in terms of any other legislation. It is recommended that on completing this portion of the manual, information officers should consult with their Secretarial and Legal Services for input and guidance. In the process, it is recommended that the following legislation be considered. This list is by no means exhaustive, and is intended to serve as a guide only. [Only select and include the Acts that are applicable to your organisation] · Arbitration Act 42 of 1965 · Attorneys Act 53 of 1979 · Basic Conditions of Employment Act 75 of 1997 · Closed Corporation Act 69 of 1984 · Close Corporations amendment Act 25 of 2005 · Compensation for Occupational Injuries and Diseases Act 130 of 1993 · Competition Act 89 of 1998 Page 4 of 6 · Consumer Protection Act 68 of 2008 · Copyright Act 61 of 1978 · Electronic Communications and Transactions Act 25 of 2002 · Employment Equity Act 55 of 1998 · Financial Advisory and Intermediary Services Act no 37 of 2002 · Financial Intelligence Centre Act 38 of 2001 · Income Tax Act 58 of 1962 · Insolvency Act 24 of 1936 · Insurance Act 27 of 1943 · Intellectual Property Laws Amendments Act 38 of 1997 · Interception and Monitoring Prohibition Act 127 of 1992 · Labour Relations Act 66 of 1995 · Long Term Insurance Act 52 of 1998 · Non-profit Organisations Act 71 of 1997. · Occupational Health and Safety Act 85 of 1993 · Prevention of Organised Crime Act 121 of 1998 · Protection of Businesses Act 99 of 1978 · Regional Services Councils Act 109 of 1985 · SA Schools Act 84 of 1996 · Sectional Titles Act 95 of 1986 · Short Term Insurance Act 53 of 1998 · Short-term Insurance Act no. 53 of 1998 · Skills Development Act 97 of 1998 · Skills Development Levies Act 9 of 1999 · Stamp Duties Act 77 of 1968 · The Co-operatives Act 14 of 2005 · The Fund-Raising Act 107 of 1978 · The National Credit Act 34 of 2005 · Trade Marks Act 194 of 1993 · Trust Property Control Act 57 of 1988 · Unemployment Insurance Act 63 of 2001 · Unemployment Insurance Contributions Act 4 of 2002 · Value Added Tax Act 89 of 1991 Page 5 of 6 9. Section 51(1) (e) This section of the manual must set out a description of the subjects on which your organisation holds record, and categories of records held on each subject. These include operational records of your organisation utilised in the day to day running and administration of its administration, such as (list all operational documents that are held by the organisation): · Accounting records · Information Technology · Intellectual Property · Personnel Records · Sales and Marketing · Statutory Company records · Client Databases · Internal Phone lists · Policies · Directives · Minutes of Meetings · Administrative information 10. Requesting Procedure A person who wants access to the records must complete the necessary request form, as set out in Annexure 1, and the completed form must be sent to the address or fax number (your organisation’s contact details) provided in this manual, and marked for the attention of the information officer. The requester must indicate which form of access is required, and identify the right that is sought to be exercised or protected, and provide an explanation of which the requested record is required for the exercise or protection of that right. Proof of the capacity in which the requester is requesting the information 10.2 Availability of the Manual This section should state where individuals can access a copy of this manual. These could be on your organisation’s website; hard copies from your offices and it must be stated if there will be a fee attached to it. 10.2.1 This manual is available for inspection by the general public upon request during office hours and there is no charge for viewing the manual at our offices (where is it available). Copies of the manual may be made available subject to the prescribed fees. Page 6 of 6 10.2.2 Copies may also be requested from the South African Human Rights Commission at the address indicated below. 10.3 Fees A requester who seeks access to a record containing personal information about that requester is not required to pay the request fees. Any other requester who is not a personal requester must pay the required fee: 10.3.1 A fee will be required by the head (contact person) before further processing of the request in terms of S54 of the Act 10.3.2 A requester fee of R50 should be paid, this amount will be refunded should the request for access be refused 10.3.3 A portion of the access fee (not more than one third) may be required before the request is considered 10.3.4 The requester may lodge an application with a court against the payment of the request fee in terms of S54(3)(b) of the Act 10.3.5 The head may withhold a record until the requester has paid the applicable fees 10.4 Details of the South African Human Rights Commission Any queries with regard to this manual should be directed to: The South African Human Rights Commission; PAIA Unit Research and Documentation Department Private Bag 2700 Houghton 2041 Phone: 011 484 8300 Fax: 011 484 0582 Email: PAIA@sahrc.org.za Website:www.sahrc.org.za
Published in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 October 2018 Contents 1. Introduction 2 2. South African Human Rights Commission 2 3. Company Details 2 4. Functions of the Company 2 5. Key Contact Details for Access to Information Queries 2 6. Records Held / Generated by the Company 3 6.1. Applicable Legislation: 3 6.2. Categories of Records: 3 6.3. Categories of records automatically available 4 6.4. Grounds for refusal of access to records 5 7. Request Procedure 5 7.1. Voluntary access 5 7.2. Formal Requests 5 8. Remedies for Non-Compliance with the Provisions of the Act 6 9. Request Fees and Payment Method 6 10. Availability of this PAIA Manual 6 11. Missing Records 7 12. Disposal of Records 7 13. General Note 7 Schedule of Fees 7 Request Form C 8 Tyme Bank Limited PAIA Manual October 2018 2 1. Introduction Tyme Bank Limited (‘Tyme Bank’) is committed to the observance of and compliance with the directives of the Constitution and national legislation like the Promotion of Access to Information Act, 2 of 2000 (‘PAIA’). It endorses the key principles of good governance, transparency and accountability. PAIA was enacted on 3 February 2000, giving effect to the constitutional right of access of any information held by the State and any information that is held by another person that is required for the exercise of rights. Where a request is made in terms of PAIA, the body to whom the request is made is obliged to release information, except where the Act expressly provides that the information may not be released. In the pursuit of its objectives, Tyme Bank encourages the sharing of information with requesters and members of the public as optimally as is possible. The information in this manual provides the process by which a person can request information, the categories of information/records available and the fees charged, if any for providing the information. This manual will always be available on Tyme Bank’s website, www.tymebank.co.za. 2. South African Human Rights Commission The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, make recommendations to strengthen PAIA and to report annually to Parliament. The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act. The guide is available in all of the official languages and can be viewed at www.sahrc.org.za. 3. Company Details Name: Tyme Bank Limited trading as TymeBank Status: Public Company Physical Address: 30 Jellicoe Avenue, Rosebank, 2196, Johannesburg Postal Address: PostNet Suite 168, Private Bag X31, Saxonwold, 2192 Phone number: 087 286 8833 CEO: Sandile Shabalala 4. Functions of the Company The main business and main object of Tyme Bank is that of a registered bank that provides a range of banking and financial services. 5. Key Contact Details for Access to Information Queries All requests for access to records in terms of PAIA must be in writing and must be addressed to the Information Officer. Sandile Shabalala Chief Executive Officer Tyme Bank Limited 30 Jellicoe Avenue Rosebank 2196 Email: email@example.com Tyme Bank Limited PAIA Manual October 2018 3 6. Records Held / Generated by the Company 6.1. Applicable Legislation: Tyme Bank is required by legislation to hold certain records and a list of the applicable legislation follows: • Banks Act 94 of 1990 • Basic Conditions of Employment Act 75 of 1997 • Companies Act 71 of 2008 • Compensation for Occupational Injuries and Diseases Act 130 of 1993 • Competition Act 89 of 1998 • Consumer Protection Act 68 of 2008 • Copyright Act 98 of 1978 • Electronic Communication Act 36 of 2005 • Employment Equity Act 55 of 1998 • Financial Advisory and Intermediary Services Act 37 of 2002 • Financial Intelligence Centre Amendment Act 38 of 2017 • Financial Sector Regulation Act 89 of 1991 • Identification Act 68 of 1997 • Income Tax Act 58 of 1962 • Labour Relations Act 66 of 1995 • National Payment Systems Act 78 of 1998 • Occupational Health and Safety Act 85 of 1993 • Prevention of Organised Crime Act 121 of 1998 • Protection of Personal Information Act 4 of 2013 • Promotion of Access to Information Act 2 of 2000 • Promotion of Administrative Justice Act 3 of 2000 • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 • Pension Funds Act 11 of 2007 • Skills Development Act 97 of 1998 • Skills Development Levies Act • South African Reserve Bank Act 90 of 1989 • Tax Administration Act 28 of 2011 • The Constitution of the Republic of South Africa, 1996 • The Human Rights Act 54 of 1994 • Unemployment Insurance Act 63 of 2001 • Unemployment Contributions Act 4 of 2002 • Value Added Tax Act 89 of 1991 *Please note that this is not an exhaustive list. 6.2. Categories of Records: The categories of records generated by Tyme Bank are classified and grouped as follows: Category Document Type 1 Personnel Records Personal records provided by personnel Records relating to personnel, provided by a third party Conditions of employment and other personnel-related contractual and quasi-legal documents Internal evaluation records and other internal records Correspondence relating to personnel Tyme Bank Limited PAIA Manual October 2018 4 2 Customer-Related Records Records provided by a client to a third party acting for or on behalf of Tyme Bank Records provided by a third party Records generated by or within Tyme Bank and pertaining to its clients (including transaction records) 3 Company Records Agreements and contracts Databases Financial records Fixed, movable, and intellectual property Information technology Insurance Internal correspondence Internal policies and procedures Marketing records Operational records Product records Records held by officers of Tyme Bank Statutory records Taxation Treasury-related records 4 Other Party Records Personnel, client, or Tyme Bank records that are held by another party, as opposed to the records held by Tyme Bank Records held by Tyme Bank which pertain to other parties, including, without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers *The records listed in the categories above may be formally requested, but access to parts of these records or the whole record may be refused on legal grounds set out in item o below. 6.3. Categories of records automatically available PAIA requires institutions to list those records which are automatically available. Such automatically available records usually do not have information which can reasonably be said to be of a sensitive nature. Most records which fall into this category of information are available from Tyme Bank at its Head Office or on Tyme Bank’s website (www.tymebank.co.za) and do not require a formal process to access same. Records Automatically Available from Tyme Bank: • Newsletters • Booklets • Pamphlets/Brochures • Annual reports • Circulars to Shareholders ▪ Other literature intended for public viewing Tyme Bank Limited PAIA Manual October 2018 5 6.4. Grounds for refusal of access to records Tyme Bank may refuse a request for information that relates to the: 6.4.1. mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person; 6.4.2. mandatory protection of the commercial information of a third party, if the record contains: 18.104.22.168. trade secrets of Tyme Bank; 22.214.171.124. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Tyme Bank; 126.96.36.199. information disclosed in confidence by a third party to Tyme Bank, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition. 6.4.3. mandatory protection of confidential information of third parties if it is protected in terms of any agreement; 6.4.4. mandatory protection of the safety of individuals and the protection of property; 6.4.5. mandatory protection of records that would be regarded as privileged in legal proceedings; 6.4.6. the commercial activities of Tyme Bank, which may include: 188.8.131.52. trade secrets; 184.108.40.206. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Tyme Bank; 220.127.116.11. information, which, if disclosed, could put Tyme Bank at a disadvantage in negotiations or commercial competition; 18.104.22.168. a computer programme/software which is owned by Tyme Bank, and which is protected by copyright. 6.4.7. The research information of Tyme Bank or a third party, if its disclosure would disclose the identity of Tyme Bank, the researcher or the subject matter of the research, and would place the research at a serious disadvantage. 6.4.8. Requests for information that are clearly frivolous or vexatious or which involve an unreasonable diversion of resources shall be refused. 7. Request Procedure 7.1. Voluntary access Information that is automatically available can be obtained from Tyme Bank’s website. In certain instances, a reproduction fee may be charged. Transcription and copying of records in other media will also attract reproduction fees. The manner of access to these documents is not limited to inspection and perusal. 7.2. Formal Requests 7.2.1. The requester must comply with all procedural requirements as set out in PAIA relating to the request for access to any of the above-mentioned categories of information. 7.2.2. The requester must complete the prescribed Form C, enclosed herewith, and submit same as well as the payment of the request fee to the Information Officer at Tyme Bank’s physical address or by way of electronic mail. 7.2.3. The prescribed form must be filled in with enough detail to at least enable the Information Officer to identify: • The record/s requested; • Identity of the requester; • Which form or manner of access is required; and • The postal or e-mail address of the requester. 7.2.4 The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right. Tyme Bank Limited PAIA Manual October 2018 6 7.2.5. Subject to the provisions in PAIA, a 30 (thirty) day time frame is permitted for a response to the request. The requester may submit special reasons to the Information Officer that dictate why the time periods as set out above should be shortened. 7.2.6. These 30 (thirty) days may further be extended to for a further period of not more than 30 (thirty) working days if the request is for a large number of information, or the request requires a search for information held at another office of Tyme Bank and the information cannot reasonably be obtained within the initial 30-day period. Tyme Bank will notify the requester in writing should the extension be necessary. 7.2.7. The requester shall be informed in writing whether access has been granted or denied within 30 days of receipt of the request. If the request is denied, the notice to the requester must state the reasons for refusal which must be supported by the relevant provisions of PAIA. If the documents cannot be located, the Information Officer will submit an affidavit to the requester giving notice that the records in question do not exist or cannot be found. 7.2.8. Requesters will be assisted in completing the form if they are unable to do so because of illiteracy or disability – such a person may also make the request verbally. 7.2.9. If a person is making a request on behalf of another, then they must submit proof that they have been requested and duly authorised to do so. 8. Remedies for Non-Compliance with the Provisions of the Act 8.1. Tyme Bank does not have an internal appeal procedure and as such, the decision made by the Information Officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused and the requester is not satisfied with the answer provided by the Information Officer. 8.2. Requesters or third parties have the right to approach a court, within 30 days of being informed of the decision, for relief where they are dissatisfied with the imposition of fees, the time frames within which they received a response from Tyme Bank, or with a decision by the Information Officer to refuse access in part or fully. 9. Request Fees and Payment Method 9.1. PAIA prescribed fees (request and access fees) must be paid by a requester when applying for access to information. The fee schedule as per the regulations to PAIA is listed below under 13.1. When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request. 9.2. The Information Officer shall withhold a record until the requester has paid the prescribed fees. 9.3. Fee impositions are required in terms of the regulations to PAIA and the fee schedule is listed under 13.1. Fees are paid at the inception of a request and thereafter, fees are incurred for search processes and reproduction costs. Certain categories of persons are exempt from paying fees. These categories include those who qualify on the basis of their annual income and those who are requesting personal information. The regulation relating to the exemption from fees is attached to this manual. 9.4. Persons who are requesting personal information about themselves or their minor children do not have to pay a request fee. All other persons have to pay the request fee of R35, 00 as provided for in PAIA. 9.5. If a request is granted, then a further access or search fee is required. This fee is calculated in terms of the rates fixed in the fees schedule attached hereto. Fees are charged for time spent searching for the record and preparing and/or reproducing the record/s. 10. Availability of this PAIA Manual 10.1. The PAIA Manual is available in English and will be available at Tyme Bank offices during office hours and on the website of Tyme Bank. Tyme Bank Limited PAIA Manual October 2018 7 11. Missing Records 11.1. Requestors have the right to receive a response on affidavit for records which cannot reasonably be located, but to which a requestor would have had access had the record been available. 12. Disposal of Records 12.1. Requesters will be advised whether a particular requested record has been disposed of. 13. General Note 13.1. Tyme Bank reserves the right to transfer requests for records to relevant bodies where these bodies were the primary holders or generators of the information requested, or where Tyme Bank no longer has possession of such record, and to create new categories of records where this is necessary. This manual will be updated to reflect changes in categories of records accordingly. Schedule of Fees Description Fee The fee for a copy of the manual contemplated in regulation 5(c) is R0,60 for every copy of an A4-sized page or part thereof. R0,60 Reproduction Fees (Regulation 7(1)) For every photocopy of an A4-sized page or part thereof R1,10 For every printed copy of an A4-sized page or part thereof held on a computer or in electronic or machine-readable form R0,75 For a copy in a computer-readable form on a CD R70,00 For a transcription of visual images: (i) for an A4-sized page or part thereof R40,00 (ii) copy of visual images R60,00 (iii) transcription of an audio recording, per A4-sized page or part thereof R20,00 (iv) copy of an audio recording R30,00 Request fee payable by a requester, other than a personal requester R35,00 Fee to search and prepare a record for disclosure, charged per hour or part thereof (first hour is free) *If the Information Officer is of the opinion that the collections and reproduction of the documents will take longer than 6 hours, the Information Officer will inform the requester that one third of the access fee is payable as a deposit by the requester. R30,00 The actual postage is payable when a copy of a record must be posted to a requester. Tyme Bank Limited PAIA Manual October 2018 8 Form C Request for Access to Record of Private Body In terms of section 53(1) of the Promotion of Access to Information Act 2 of 2000 Regulation 10 A. Particulars of private body Chief Executive Officer Tyme Bank Limited 30 Jellicoe Avenue Rosebank 2196 Johannesburg 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: Mobile 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: Tyme Bank Limited PAIA Manual October 2018 9 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 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which 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 below with an ‘x’. 1. If the record is in written or printed form: ☐ copy of record* ☐ inspection of record 2. If the record consists of visual images (this includes photographs, slides, video recordings, computergenerated images, sketches, etc): ☐ view the images ☐ copy of the images* ☐ transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: ☐ listen to the soundtrack (audio cassette) ☐ transcription of soundtrack (written or printed document)* 4. If record is held on computer or in an electronic or machine-readable form: ☐ printed copy of record* ☐ printed copy of information derived from the record* ☐ copy in computer readable form (stiffy or compact disc)* Tyme Bank Limited PAIA Manual October 2018 10 *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to 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 page and attach it to this form. The requester must sign all the additional pages. 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 20 . Signature of requester (or person on whose behalf request is made
Parktown North Residents' & Ratepayers' Association: Compiled December 2019. Updated November 2020.