PAIA Manual

PAIA  MANUAL – AS REQUIRED IN TERMS OF SECTION 51 OF THE PROMOTION OF  ACCESS TO INFORMATION ACT, 2 OF 2000.

This  manual contains information required to request access to the records  of: The Shaw Family (Pty) Ltd (“The Shaw Family”) – Reg no: 2024/266537/07

INTRODUCTION

The Shaw Family  is a private company, registered as such in terms of the company laws  of the Republic of South Africa and is a registered credit provider  with NCR registration number: NCRCP19894

The  Promotion of Access to Information Act No. 2 of 2000 (“the Act”)  came into operation on 23 November 2001. Section 51 of this Act  requires that we, as a private body, compile a manual giving  information to the public regarding the procedure to be followed in  requesting information from us for the purpose of exercising or  protecting rights. We as a private body have compiled this manual,  not only to comply with the provisions of the Act, but also to foster  a culture of transparency and accountability in our environment and  to ensure that members of the public have effective access to  information in our possession which will assist them in the exercise  and protection of their rights.

You  will be able to view the categories of information, which we possess.  You will also be shown the correct procedure to follow should you  require access to any of this information.

CATEGORIES  OF RECORDS AND SUBJECTS IN RESPECT OF WHICH RECORDS ARE HELD:

1. Company
   Incorporation documents
   Financial statements
   Minutes of general meetings
   Employment Equity Plans and Reports
   Any other records required to be kept in terms of the Companies Act or   other applicable legislation

2. Employees
   Contracts of employment
   Performance appraisals
   Disciplinary records
   Leave records
   Policy and Procedures Manual
   Safety and Security Document
   Product applications and account and transactional records
   Insurance quotes and policies

3. Applicable legislation
   All  records kept in terms of legislation as below:

Companies   Act, 61 of 1973

Basic Conditions of Employment Act, 97 of 1997
Unemployment Contributions Act, 4 of 2002
Unemployment Insurance Act, 63 of 2001
Skills Development Act, 97 of 1998
Skills Development Levies Act, 9 of 1999
Value Added Tax Act, 89 of 1991
Financial Advisory and Intermediary Services Act, 37 of 2002
Financial Intelligence Centre Act, 38 of 2002
Usury Act, 73 of 1968
National Credit Act, 34 of 2005
Electronic Communications and Transactions Act, 25 of 2002
Consumer Protection Act, 68 of 2008
Long Term Insurance Act, 52 of 1998
Short Term Insurance Act, 53 of 1998
Compensation for Occupational Injuries and Health Diseases Act, 130 of 1993
Employment Equity Act, 55 of 1998
Labour Relations Act, 66 of 1995
Occupational Health & Safety Act, 85 of 1993

NOTICE  IN TERMS OF SECTION 52 (2) OF THE ACT: VOLUNTARY DISCLOSURE AND  AUTOMATIC AVAILABILITY OF CERTAIN RECORDS

No Notice in terms of Section 52 (2) of the Act has been published.

PROCEDURES  TO BE FOLLOWED TO REQUEST ACCESS TO THE RECORDS:

1. To  request records, the following procedures must be followed:

1.1 The  prescribed FORM C must be used to make the request for access to a  record.

1.2 The form can be  downloaded from the Department of Justice website at http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf

1.3 A  request must be made to the Information Officer:

The  Information and Compliance Officer
The Shaw Family  (Pty) Ltd
78 Field Street 910
Durban Central
Durban
4001

Tel : (+27)  31 020 1940
E-mail : info@theshawfamily.co.za

1.4 Sufficient detail of  the request made must be provided on the request form to enable the  Information Officer to clearly identify the record as well as the  requester’s specific identity, and positive proof of identification  must be provided by the requester.

1.5 A  requester must indicate which form of access they require.

1.6 A requester must  indicate if they wish to be informed in any other manner and if so,  they must state the necessary particulars required to be so informed.

1.7 A requester must  identify the right that they are seeking to protect or that they wish  to exercise and they must provide an explanation as to why the  requested record is required for the protection or exercise of that right.

1.8 If a requester is  making the request on behalf of another person, they must submit  proof, to the satisfaction of the Information Officer, of their  authority to make such a request, by means of a legally binding Power  of Attorney in their favour. Failure to do so will result in the  request being rejected.

1.9 The prescribed fee must be paid as set out below.

2. Prescribed  fees

2.1 The  prescribed fee of R50.00 must be paid before a request will be  processed.

2.2 Payment  of this fee is to be made as directed by the Information Officer.

2.3 Please note that if  you earn below R14 712 a year or you and your partners combined  income is less than R27 192 per year, you will not have to pay a  request fee with your application.

2.4 You  will also not have to pay a request fee if your request for  information is a request for your personal information.

2.5 The  Information Officer will then make a decision in respect of your  request and will notify you of his/her decision.

2.6 Should  a request be refused, the requester may lodge an application at court  against the tender or payment of the requested fee as will be  advised in the Notice to them.

2.7 If a request is  granted then the requester will have to pay a further access fee for  the search, reproduction and preparation of the record as well as for  any time, which has exceeded the prescribed hours, to search and in  order to +prepare the record for disclosure to them.

AVAILABILITY  OF THIS MANUAL

This  manual is available for inspection, free of any charge, at the  offices of the private body. Copies are also available from our  website www.theshawfamily.co.za and the Human Rights Commission by writing to the following address :

PRIVATE  BAG 2700 HOUGHTON 2041
TEL : (+27  11) 484 8300 FAX : (+27  11) 484 0582

THE  SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE (SEC. 10 OF THE ACT):

The  Human Rights Commission has compiled a guide containing such  information as may reasonably be required by any person who wished to  exercise any right contemplated in the Act. An electronic version of  the Guide will be kept on the website of the South African Human  Rights Commission: www.sahrc.org.za