Promotion of Access to Information 

Description of the act

The Promotion of Access to Information Act, 2 of 2000 (“the Act”), which came into effect on 3 February 2000, gives effect to the constitutional right of access to information. This right extends to information held by the state, as well as information held by private persons where such information is required for the exercise or protection of rights. When a request is made under the Act, the relevant body is obliged to disclose the information, unless the Act specifically permits or requires refusal of access. The Act further prescribes the procedures to be followed in making and processing such requests. It must also be read together with the Protection of Personal Information Act, 4 of 2013. 

 

Purpose

This manual, read together with the LAW FOR ALL POPIA Statement, aims to promote a culture of transparency and accountability within the Financial Services Industry. It gives effect to the right of access to information necessary for the exercise or protection of any right, and actively encourages the development of a society in which all people in South Africa have effective access to information, enabling them to more fully exercise and safeguard their rights. 

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies.  

Section 9 of the Act however recognises that such right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:  

  • Limitations aimed at the reasonable protection of privacy;  
  • Commercial confidentiality; and  
  • Effective, efficient and good governance;
  • and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.  

This manual is intended to serve as a generic guide for the Financial Services Industry in handling information requests in a compliant manner. Its purpose is to ensure that requestors can access the records to which they are entitled in a quick, straightforward, and accessible way. Individual role players within the Financial Services Industry may adapt this manual to suit their specific operational needs. Furthermore, the provisions of sections 18 and 53 of the Promotion of Access to Information Act apply to requests made under section 23 of the Protection of Personal Information Act. 

Wherever reference is made to "institution" in this manual, it will refer to the private bodies within the Financial Services Industry, for whom this manual is drafted. This manual is based on the generic manual for the Financial Services Industry, which was previously submitted to the South African Human Rights Commission by the Compliance Institute of South Africa. In terms of the 2019 Amendment Act (Act 31 of 2019) and the 2021 Regulations, the functions previously performed by the Human Rights Commission are now performed by the Information Regulator (South Africa), to whom this body reports for PAIA compliance. 

 

Guide of the Information Regulator

The guide will contain such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to:  

The Information Regulator of South Africa 

 

Records of LIPCO Group and its subsidiaries

This clause serves as a reference to the records that LIPCO Group (Pty) Ltd (“LAW FOR ALL”) and all its subsidiaries holds. It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.  

The information is classified and grouped according to records relating to the following subjects and categories:  

Personnel Records  

  • Personal records provided by personnel.
  • Records provided by a third party relating to personnel.  
  • Conditions of employment and other personnel-related contractual and quasi-legal records.  
  • Internal evaluation records and other internal records.  
  • Correspondence relating to personnel.
  • Training schedules and material.  

“Personnel” refers to any person who works for, or provides services to or on behalf of LAW FOR ALL, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of LAW FOR ALL. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part- time staff, as well as contract workers.  

Customer-related Records  

  • Records provided by a customer to a third party acting for or on behalf of LAW FOR ALL;  
  • Records provided by a third party;
  • Records generated by or within LAW FOR ALL relating to its customers, including transactional records. A “customer” refers to any natural or juristic entity that receives services from LAW FOR ALL.  


Private Body Records  

  • Financial records;  
  • Operational records;  
  • Databases;  
  • Information Technology;  
  • Marketing records;  
  • Internal correspondence;  
  • Product records;  
  • Statutory records;  
  • Internal Policies and Procedures;
  • Treasury-related records;  
  • Securities and Equities; and  
  • Records held by officials of the institution. 

These records include, but are not limited to, the records which pertain to LAW FOR ALL’s own affairs.  


Records available in accordance with South African legislation  

LAW FOR ALL holds records in terms of legislation as detailed below.  

 

Other Party Records  

  • Personnel, customer or private body records which are held by another party, as opposed to the records held by LAW FOR ALL itself;  
  • Records held by LAW FOR ALL pertaining 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.  

LAW FOR ALL may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to LAW FOR ALL.  

 

Refusal of acces to records

Grounds to Refuse Access  

The main grounds for LAW FOR ALL to refuse a request for information relates to the:  

  • Mandatory protection of the privacy of a third party who is a natural person/juristic, which would involve the unreasonable disclosure of personal information of that natural person/juristic;  
  • Mandatory protection of the commercial information of a third party, if the record contains:  
  • trade secrets of the third party;  
  • financial, commercial, scientific, legal or technical information which disclosure could likely cause harm to the financial, legal or commercial interests of that third party;  
  • information disclosed in confidence by a third party to LAW FOR ALL, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;  
  • Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
  • Mandatory protection of the safety of individuals and the protection of property;  
  • Mandatory protection of records which would be regarded as privileged in legal proceedings;  
  • The commercial activities of LAW FOR ALL, which may include:  
  • trade secrets of LAW FOR ALL;  
  • financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of LAW FOR ALL;
  • information which, if disclosed could put LAW FOR ALL at a disadvantage in negotiations or commercial competition;
  • a computer program which is owned by LAW FOR ALL, and which is protected by copyright.  
  • the research information of LAW FOR ALL or a third party, if its disclosure would disclose the identity of LAW FOR ALL, the researcher or the subject matter of the research and would place the research at a serious disadvantage.  
  • Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.  

Section 23(4)(a) of the Protection of Personal Information Act applies on the same grounds to refuse access.  

Remedies Available when LAW FOR ALL Refuses a Request  

Internal Remedies  

LAW FOR ALL does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and requestors will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the Information Officer.  

 

External Remedies  

A requestor who is dissatisfied with an Information Officer’s refusal to disclose information may either lodge a complaint directly with the Information Regulator, using the prescribed form set out in the 2021 Regulations, or apply to a court for relief within 30 days of being notified of the decision. 

Similarly, a third party who is dissatisfied with an Information Officer’s decision to grant access to information may also lodge a complaint directly with the Information Regulator or apply to a court for relief within 30 days of notification of the decision. For the purposes of the Act, the courts with jurisdiction to hear such applications include the Constitutional Court, the High Court, or any other court of similar status. 

 

Request Procedure  

 

Procedural Requirements  

The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record. All requests for access to records must be made on the prescribed Form 2 (Regulations, 2021). Requests must be submitted to the Information Officer via email, fax or post.  

Contact: information.officer@lawforall.co.za 

The prescribed form must be filled with enough detail to enable the Information Officer to identify :  

  • The record or records requested;  
  • The identity of the requester,  
  • Which form of access is required, if the request is granted;  
  • The postal address or fax number of the requester.  
  • A requester must indicate that the information sought is required for the exercise or protection of a right and must clearly specify the nature of that right. In addition, the requester must provide reasons why the record is necessary for exercising or protecting such a right. 

LAW FOR ALL will process the request within 30 days, unless the requester has provided special reasons that satisfy the Information Officer that circumstances justify a deviation from this time period. 

The requester will be informed in writing whether access has been granted or refused. Should the requester require reasons for the decision in a form other than writing, the requester must specify the preferred manner and provide the relevant particulars. 

Where a request is made on behalf of another person, proof of the requester’s authority or capacity must be provided to the reasonable satisfaction of the Information Officer. 

If a requester is unable to complete the prescribed form due to illiteracy or disability, the request may be made orally. 

The prescribed fee must be paid before any further processing of the request can take place. 

If the Information Officer fails to provide a decision on a request within 30 days, the request will be deemed to have been refused. 

 

Prescribed Fees 

In terms of Regulation 9 of the 2021 Regulations: 

  • Request Fee (private bodies): R145 per hour (capped at R435) for searching and preparing records.
  • Access Fees: Charged for reproduction and postal costs.
  • The requester will be notified of the fees payable before the request is processed. 


Time Allowed to Institution  

LAW FOR ALL will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.  

The 30 day period with which LAW FOR ALL has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of LAW FOR ALL and the information cannot reasonably be obtained within the original 30 day period.  

LAW FOR ALL will notify the requester in writing should an extension be sought.  

 

RECORDS AVAILABLE IN ACCORDANCE WITH SOUTH AFRICAN LEGISLATION  

Administration of Estates Act 66 of 1965  

Alienation of Land Act 68 of 1981  

Attorneys Act 53 of 1979  

Banks Act 94 of 1990  

Basic Conditions of Employment Act 75 of 1997  

Bills of Exchange Act 34 of 1964  

Births and Deaths Registration Act 51 of 1992  

Children’s Act 38 of 2005  

Collective Investment Schemes Act 45 of 2002  

Companies Act 71 of 2008  

Compensation for Occupational Injuries and Diseases Act 130 of 1993  

Competition Act 89 of 1998  

Constitution Of the Republic of South Africa, 1996  

Consumer Protection Act 68 of 2008  

Criminal Procedures Act 51 of 1977  

Debt Collectors’ Act 114 of 1998  

Deeds Registries Act 47of 1937  

Designs Act 195 of 1993 (Sect 7(2))  

Electronic Communications Act 36 of 2005  

Electronic Communications and Transaction Act 25 of 2002  

Employment Equity Act 55 of 1998  

Estate Agency Affairs Act 112 of 1976  

Extension of Security of Tenure Act 62 of 1997  

Financial Advisory and Intermediary Services Act 37of 2002 Financial Institutions (Protection of Funds) Act 28 of 2001  

Financial Intelligence Centre Act 38 of 2001  

Financial Markets Act 19 of 2012  

Firearms Control Act 60 of 2000  

Fund Raising Act 107 of 1978  

Home Loan and Mortgage Disclosure Act 63 of 2000  

Identification Act 68 of 1997  

Insolvency Act 24 of 1936  

Inspection of Financial Institutions Act 80 of 1998  

Labour Relations Act 66 of 1995  

Long Term Insurance Act 52 of 1998  

National Credit Act 34 of 2005  

National Environmental Management Act 107 of 1998  

National Environmental Management Waste Act 59 of 2008  

National Payment System Act 78 of 1998  

National Heritage Resources Act 25 of 1999  

Occupational Health and Safety Act 85 of 1993  

Patents Act 57 of 1978  

Pension Fund Act 24 of 1956 

Prevention and Combating of Corrupt Activities Act 12 of 2004  

Promotion of Access to Information Act 2 of 2000  

Protected Disclosures Act 26 of 2000  

Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004  

Protection of Personal Information Act 4 of 2013  

Joint Standards 2 of 2024 

Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002    

Short Term Insurance Act 53 of 1998  

South African Reserve Bank Act 90 of 1989  

Tax Administration Act 28 of 2011  

Trade Marks Act 194 of 1993  

Transfer Duty Act 40 of 1949  

Unemployment Insurance Act 63 of 2001  

Value Added Tax Act 89 of 1991  

Forms needed:

Form 2 - Request for access to record of Private Body Regulation 7 of the 2021 PAIA Regulations