PAIA Manual

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

1. List of acronyms and abbreviations

• CEO - Chief Executive Officer
• DIO - Deputy Information Officer
• IO - Information Officer
• Minister - Minister of Justice and Correctional Services
• PAIA - Promotion of Access to Information Act No. 2 of 2000 (as amended)
• POPIA - Protection of Personal Information Act No. 4 of 2013
• Regulator - Information Regulator
• Republic - Republic of South Africa

2. Purpose of this PAIA Manual

This PAIA Manual is useful for the public to:

• Check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
• 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;
• Know the description of the records of the body which are available in accordance with any other legislation;
• 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;
• Know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
• 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;
• Know the recipients or categories of recipients to whom the personal information may be supplied;
• 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
• 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. Key contact details for access to information of Asuer

3.1 Chief Information Officer

Name: Paul Ontong
Tel: 010 442 0222
Email: informationofficer@asuer.co.za

3.2 Head Office

Postal address: 208 Boundary Park, Corner of Epsom Avenue & Malibongwe Drive, Northriding, Johannesburg, 2162
Physical address: 208 Boundary Park, Corner of Epsom Avenue & Malibongwe Drive, Northriding, Johannesburg, 2162
Telephone: 010 442 0222
Email: informationofficer@asuer.co.za
Website: www.asuer.co.za

4. Guide on how to use PAIA

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, 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. The Guide is available in each of the official languages and in braille.

The Guide contains the description of:

• the objects of PAIA and POPIA;
• the postal and street address, phone and fax number and, if available, electronic mail address of:
  • the Information Officer of every public body, and
  • every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;
• the manner and form of a request for:
  • access to a record of a public body contemplated in section 11; and
  • access to a record of a private body contemplated in section 50;
• the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
• the assistance available from the Regulator in terms of PAIA and POPIA;
• 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:
  • an internal appeal;
  • a complaint to the Regulator; and
  • 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;
• the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
• the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
• the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
• the regulations made in terms of section 92.

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.

The Guide can also be obtained:

• upon request to the Information Officer;
• from the website of the Regulator (www.justice.gov.za/inforeg/).

5. Types of records held by Asuer

5.1 Records automatically available

• Marketing and promotional material
• Company profile and background
• Services offered and product brochures
• Frequently asked questions (FAQs)
• Regulatory disclosures as required by the FSCA and FAIS
• PAIA Manual
• POPIA Manual or Privacy Notice
• Contact details and company registration information
• Public press releases and announcements
• Social media content

5.2 Records available upon request in terms of PAIA

These records may be requested in accordance with the procedures outlined in this Manual, subject to applicable conditions and the payment of prescribed fees:

• Statutory company records (e.g. Memorandum of Incorporation, director details, share register)
• Financial records (e.g. audited financial statements, tax returns)
• Insurance policy documents and product information
• Client agreements and application forms
• Internal policies and procedures (e.g. compliance manual, risk management policies)
• FSP licence and regulatory correspondence
• Records of correspondence with clients, suppliers or third parties
• Employment contracts and HR policies (to the extent allowed under PAIA)
• Training materials (internal)
• Records relating to complaints handling
• Conflict of interest management policy
• Claims records
• Information held on behalf of clients (subject to consent and confidentiality agreements)

5.3 Records not available to the public

The following categories of records are confidential, proprietary, or otherwise protected and are not available to the public. Access may be denied in terms of the grounds for refusal under PAIA and/or POPIA:

• Personal information of employees, clients, service providers and directors
• Proprietary business information, trade secrets, or intellectual property
• Internal correspondence, working papers, and strategy documents
• Disciplinary records and internal investigations
• Client data and policyholder information (unless the requestor is the data subject or authorised)
• Internal audit reports and compliance monitoring records
• IT security records and access logs
• Legal opinions, litigation records, and privileged correspondence
• Third-party confidential information
• Risk management and due diligence reports

6. The request procedure

• The requester must use the prescribed form to make the request for access to a record to the Asuer address, fax number or email address for the attention of the Information Officer.
• The Information Officer will notify the requester of the prescribed fee (if any) payable before further processing the request.
• A requester seeking access to a record containing their own personal information will not be charged a request fee.
• The requester may lodge an application to court against the tender or payment of the fee.
• If the request is granted the requester will be accordingly notified and a further fee must be paid. This would be for the search, reproduction, preparation and time that exceed the prescribed hours to search and prepare the disclosure.

7. Availability of the manual

A copy of the Manual is available:

• On www.asuer.co.za;
• At the head office of Asuer for public inspection during normal business hours;
• To any person upon request and upon the payment of a reasonable prescribed fee; and
• To the Information Regulator upon request.

A fee for a copy of the Manual, contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

8. Updating of the manual

The head of Asuer will on a regular basis update this manual.

Issued by Paul Ontong, Chief Executive Officer.