Legal
Promotion of Access to Information Act
Section 51 Manual (as amended)
Central Advisors (Pty) Ltd. — FSP 44647
Introduction
Central Advisors (Pty) Ltd. is an authorised financial services provider that provides financial advice and renders intermediary services to clients on financial products under a licence issued in terms of the Financial Advisory and Intermediary Services Act, Act 37 of 2002.
1. Definitions
"FSP NAME" means Central Advisors (Pty) Ltd. ("Central Advisors") with registration number 2012/198271/07, which has no subsidiaries or associated companies.
"Data Subject" means the person to whom personal information relates.
"Manual" means this manual together with all its annexures.
"POPI" means the Protection of Personal Information Act, 4 of 2013.
"PAIA" means Promotion of Access to Information Act, 2 of 2002.
"Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
"Record" means any recorded information regardless of form or medium, in the possession or control of a responsible party, whether or not it was created by the responsible party, and regardless of how it came into existence.
"Requester" has the meaning ascribed to it in section 1 of PAIA.
2. Purpose
The Promotion of Access to Information Act 2 of 2000 ("PAIA") 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.
PAIA sets out the requisite procedures associated with any such requests for information. Where a request for information is made to a body, there is an obligation to provide the information, except where PAIA expressly provides that the information may not be released.
The purpose of this Manual is to:
- Detail the procedure that a Requester for information is required to follow and the manner in which a Request for Access shall be facilitated by Central Advisors.
- Detail the purpose for which personal information may be processed, a description of categories of Data Subjects for whom Central Advisors processes personal information, as well as the categories of personal information relating to such Data Subjects, and the recipients to whom personal information may be supplied.
3. Particulars in Terms of the Section 51 Manual
4. The Section 10 Guide on How to Use the Act
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, and contains descriptions of the objects of PAIA and POPIA, contact details of Information Officers, the manner and form of requests for access to records, and 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.
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 or from the website of the Regulator at www.justice.gov.za/inforeg/.
A copy of the Guide is available in English and Afrikaans for public inspection during normal office hours.
5. Records Available in Terms of Any Other Legislation
6. Access to Records Held by the Private Body
Records available without a request (at no cost):
Brochures; Pamphlets; Documents related to business activities
Records which may be requested in terms of this Act:
Administration
- Licence of product categories
- Minutes of management meetings
- Minutes of staff meetings
- Correspondence
Human Resources
- Employment contracts
- Mandates
- Policies and procedures
- Training
- Remuneration and benefits policies, and records thereof
Operations
- Production records
- Compliance manual – FAIS
- Compliance reports
- Complaint's procedures
- Contractual agreements with suppliers
- Procedure's manual – FICA
- Records of advice
- Register of key individuals
- Register of representatives
- Register of non-compliance
- Record of continued compliance by representatives
- Register of premature cancellation of products
- Clients register
Finances
- Accounting and audit records
- Financial statements
- Assets inventory
Legal Records
- Documentation pertaining to litigation and arbitration
- General agreements
- Licenses, permits and authorizations
- Insurance Records including records in respect of insurance coverage, limits and insurers
- Claims Records
Tax Records
- Income tax returns and other documentation
- PAYE Records
- Skills Development Levies Records
- Value Added Tax Record
Employee Records
- Attendance register
- Company tax submissions in respect of employee
- Employment Agreements
- Confidentiality agreements
- Restraint of Trade Agreements
- Disciplinary Records
- Employee personal details
- Employment conditions and policies
- Employment equity plan
- Medical aid Records
- Remuneration and benefits records
- Retirement fund records
- Training manuals and material
- Dividend payment list
Information Technology
- Business and data information
- Domain name registrations
- IT technology capabilities
- Asset Registers
Customer Records
- Agreements and Forms
- Payment details
- Sales Records
- Policy documents and wordings
- Transaction records
- Disclosures
Request Procedures (Form 02)
The requester must use the prescribed form to make the request for access to a record, addressed to the Information Officer at the address, fax number or electronic mail address of the body concerned.
The requester must provide sufficient detail to enable the Information Officer to identify the record and the requester, and must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required.
The Information Officers will, within 30 days of receipt of the Request, decide whether to grant or decline the Request and notice with reasons will be provided. This period may be extended for a further period not exceeding 30 days where a large volume of information is requested.
Should the Information Officer be unable to locate a Record, or the Record does not exist, the Information Officer will notify the Requester by means of an affidavit or attestation.
Grounds for Refusal
The Information Officer may refuse access to a Record in the following instances:
- Protecting personal information about a third person from unreasonable disclosure
- Protecting commercial information held about a third party (e.g. trade secrets)
- Disclosure would result in a breach of a duty of confidence owed to a third party
- Disclosure would endanger the life or physical safety of an individual
- Disclosure would prejudice or impair a witness protection scheme
- Disclosure would prejudice or impair the safety of the public
- The Record is privileged from production in legal proceedings
- Disclosure would harm the commercial or financial interests of Central Advisors
- The Record is a computer programme
- The Record contains information about research being carried out on behalf of a third party
Internal Remedies
The FSP does not have an internal appeal procedure. 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.
External Remedies
A Requester that is dissatisfied with the Information Officer's refusal to disclose information may, within 30 days of notification of the decision, apply to a Court for relief. Courts with jurisdiction include the Constitutional Court, the High Court or another court of similar status, and a designated Magistrate's Court.
Fees Payable — Annexure A
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester must pay the required request fee of R140.00 (excl. VAT).
The Information Officer must notify the requester by notice, requiring the requester to pay the prescribed fee before further processing the request.
| Item | Amount (excl. VAT) |
|---|---|
| Photocopy or printed black and white (A4 page) | R2.00 per page or part of the page |
| Printed copy A4 size page | R2.00 per page or part of the page |
| USB copy (provided by requester) | R40.00 |
| CD copy (provided by requester) | R40.00 |
| CD copy (provided to requester) | R40.00 |
| Transcription of visual images (A4 page) | Outsourced — subject to quotation |
| Copy of visual images | Outsourced — subject to quotation |
| Transcription of audio record (per A4 page) | R40.00 |
| Audio record on USB (provided by requester) | R40.00 |
| Audio record on CD (provided by requester) | R40.00 |
| Audio record on CD (provided to requester) | R60.00 |
| Search and preparation fee (per hour, excl. first hour) | R145.00 (max R435.00) |
| Deposit (if search exceeds 6 hours) | One third of total amount per request |
| Postage, email or electronic transfer | Actual expense, if any |
8. Availability of the PAIA Manual
A copy of the Manual is available:
- On www.centraladvisors.co.za
- At the head office of Central Advisors for public inspection during normal business hours
- To any person upon request and upon the payment of a reasonable prescribed fee
- To the Information Regulator upon request
A fee for a copy of the Manual shall be payable per each A4-size photocopy made.
9. Protection of Personal Information Act
POPI regulates and controls the Processing, collection, use, and transfer of personal information relating to identifiable, living, natural persons and juristic persons.
In terms of POPI, the definition of personal information includes, but is not limited to:
Central Advisors has a legal duty to collect, use, transfer and destroy another's (Data Subject) personal information in a lawful, legitimate and responsible manner.
Central Advisors processes personal information in respect of the following Data Subjects:
- Employees, Contractors, Consultants, Job applicants, Directors, Learnership Candidates, Representatives (as defined in the Financial Advisory and Intermediary Services Act, 2002)
- Clients
- Suppliers and Service Providers
- Regulators of Public Bodies
- Persons who physically interact with the Company at the Company's offices or through e-mail, fax, WhatsApp, websites and other means of electronic communication
- Third parties involved in insurance claims
- Potential business partners
Central Advisors processes personal information for the following purposes:
- In accordance with its business objectives and strategies
- To comply with its legal and contractual obligations
- In order to make contact with, or attend to a Data subject's queries or instructions
- To identify Data Subjects
- To pursue the legitimate interest of Central Advisors or the Data Subject
- To provide the data subject with information, which includes information about marketing in respect of Central Advisors
- To provide, maintain and improve its services
- To perform operational, human resource and legal requirements
- To prevent fraud and abuse of Central Advisors processes, systems and operations
Central Advisors will ensure that all Personal information is treated with caution and will implement reasonable security measures to protect your Personal information.
Once the Data Subject's Personal Information is no longer required, such Personal Information will be safely and securely archived for the required periods as prescribed by law, and thereafter permanently destroyed.
Personal Information may be transmitted transborder to the FSP's suppliers in other countries, and may be stored in data servers hosted outside South Africa. The FSP will endeavour to ensure that its dealers and suppliers will make all reasonable efforts to secure the said data and Personal Information.
10. Complaints
Should your PAIA request be denied or there is no response from a public or private body for access to records, you may lodge a complaint at:
[email protected]Issued by
Allan Shine, CFP®
Managing Director
Date of Approval: 18 March 2024