MANUAL FOR THE PROMOTION OF ACCESS TO INFORMATION ACT

SECTION 51

MANUAL FOR THE PROMOTION OF ACCESS TO INFORMATION ACT

 INTELLIVEST FINANCIAL SERVICES (Pty) Ltd

 Reg. No. 2004/028238/07

CONTENTS

  1. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
  2. Introduction to the Private Body in Question
  3.    Contact Details
  4. The Section 10 Guide on How to Use the Act  [Section 51(1)(b)]
  5. Records Available in terms of other Legislation [Section 51(1)(d)]
  6. Access to the Records held by the Private Body in Question

[Sections 51(1)(c) and 51(1)(e)]

  1. Procedures to Access Records Held
  2. Other Information as may be Prescribed [Section 51(1)(f)]
  3. Availability of the Manual [Section 51(3)]
  4.    Request for access to records

A. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
Introduction to the Private Body in Question 

Intellivest Financial Services is a purpose driven business. The business subscribes to the principles of honesty, integrity and adding value through high-quality knowledge.

Contact Details

JOHANNESBURG
Postal address P.O.Box 73026, Fairland, 2030
Physical address: Unit 7, Sunpark Office Park, 178 Fariland, 2195
Telephone: (066) 292-3706
E-mail: assist@intellivest.co.za
Web Pages: www.intellivest.co.za

The Section 10 Guide on How to Use the Act  [Section 51(1)(b)]

A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all of the official languages.

The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission. Please refer to the below address and website for contacting the SAHRC:

29 Princess of Wales Terrace,

cnr York and St. Andrews Street,

Parktown.

Telephone:                  +27 11 484-8300

Fax:                             +27 11 484-7146

Website:                      www.sahrc.org.za

E-mail:                          PAIA@sahrc.org.za


Records Available in terms of other Legislation [Section 51(1)(d)]

  1. Basic Conditions of Employment No. 75 of1997
  2. Companies Act No. 61 of 1973
  3. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
  4. Copyright Act No. 98 of 1978
  5. Financial Services Board Act No. 97 of 1990
  6. Income Tax Act No. 95 of 1967
  7. Insurance Act No. 27 of 1943
  8. Intellectual Property Laws Amendments Act No. 38 of 1997
  9. Labour Relations Act No. 52 of 1998
  10. Occupational Health & Safety Act No. 85 of 1993
  11. Skills Development Levies Act No. 9 of 1999
  12. Skills Development Act No. 97 of 1998
  13. Stamp Duties Act No. 77 of 1968
  14. Unemployment Contributions Act No. 4 of 2002
  15. Unemployment Insurance Act No. 63 of 2001
  16. Value Added Tax Act No. 89 of 1991


Access to the Records held by the Private Body in Question [Sections 51(1)(c) and 51(1)(e)]

Information readily available

  • Licences

Records that may be requested:

Administration:

  • Licences
  • Minutes of management meetings
  • Minutes of staff meetings
  • Correspondence

Human Resources:

  • Staff recruitment policies
  • Employment contracts
  • Remuneration records and policies
  • Training and development

Operations:

  • Sales records
  • Clients registry
  • Register of Key Individuals and Representatives
  • Complaints resolution process
  • Internal rules and compliance procedures

Finances:

  • Annual financial statements
  • Lease agreements

Procedures to Access Records Held

To have access to records held, please follow the following procedures

  • The requester must use the prescribed form (please refer to Section 9 and Annexure A to this manual) to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
  • The requester must provide sufficient detail on the request form (please refer to Section 9 and Annexure A to this manual) to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].

 Fees:

  • 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, who is not a personal requester, must pay the required request fee:
  • The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
  • The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
  • After the head of the private body has made a decision on the request, the requester must be notified in the required form.
  • If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

 

Other Information as may be Prescribed [Section 51(1)(f)]

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

Availability of the Manual [Section 51(3)]

The manual is available for inspection at the offices of the relevant private body free of charges and copies are available with the SAHRC and on the website www.academyfm.co.za.

 Request for access to records

To comply with Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000)) [Regulation 10] the following forms must be completed and send to the Academy of Financial Markets (See section 7A on page 5 for contact details).

Annexure A

REQUEST FOR ACCESS TO THE RECORDS OF INTELLIVEST FINANCIAL SERVICES

  1. Particulars of Intellivest Financial Services

The Information officer: Braam van den Berg

Telephone number: +27 66 - 292 3706

E-mail: braam@intellivest.co.za

Postal address: P.O.Box 1213, Roosevelt Park, 2129

  1. Particulars of the 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:
Telephone number:
Fax number:
Postal address:
E-mail address:
Capacity in which request is made, when made on behalf of another person:

 

  1. 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:
Telephone number:
Fax number:
Postal address:
E-mail address:

 

  1. 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.

 

  1. Description of record or relevant part of the record:
  1.  Any further particulars of record

 

  1. 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:

 

  1. 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.

NOTES:

(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 to the record, if any, will be determined partly by the form in which access is requested.

Mark the appropriate box with an X.

  Disability:
Form in which record is required:

1.         If the record is in written or printed form:

  copy of record*   inspection of record
2.         If record consists of visual images

(this includes photographs, slides, video recordings, computer-generated 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)

*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
  1. Particulars of right to be exercised or protectedIf 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.

 

  1. Indicate which right is to be exercised or protected:

 

  1. Explain why the record requested is required for the exercise or protection of the aforementioned right:

 

  1. 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 / PERSON

ON WHO’S BEHALF REQUEST IS MADE