Purpose

To describe how records of the private body may be requested and the categories of records held, as required by PAIA.

Scope

This document applies to the FSP, its directors, key individuals, representatives, persons rendering clerical or administrative services, employees, contractors, introducers, outsourced service providers and any other person acting for or on behalf of the FSP, to the extent relevant to their role.

Regulatory basis

• Promotion of Access to Information Act 2 of 2000 (PAIA)
• Protection of Personal Information Act 4 of 2013 (POPIA)
• PAIA Regulations and current Information Regulator guidance

The legal register must be reviewed at least annually and whenever a relevant law, conduct standard, directive, exemption, guidance note or licence condition changes.

Entity completion schedule

• Head / Information Officer full name: Jana Beyers
• Deputy Information Officer(s): N/A
• Physical and postal address: 10 Jim Fouche Avenue, Plattekloof 1, 7500
• Telephone number: +27 83 521 8317
• PAIA email address: Jana.beyers@outlook.com
• Website / publication location: www.jbrmc.co.za
• Information Regulator registration details: [Blank in supplied document]
• Languages in which the manual is available: English

Guide on how to use PAIA

The Information Regulator publishes a guide explaining how to exercise rights under PAIA and POPIA. A requester may obtain the current guide and forms from the Information Regulator or its official channels. JB will assist a requester to identify the appropriate process without giving legal advice.

Records available without a formal request

• Public corporate information: CIPC and FSCA information made public by law
• Public communications: Approved website content, privacy notice, complaints process and marketing material
• Client-provided records: Records made available through the ordinary client-service process, subject to identity and authority verification
• Recruitment notices: Published vacancies and general application information

Records held under other legislation

• Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act)
• Financial Sector Regulation Act 9 of 2017 and applicable FSCA conduct standards and directives
• FAIS Regulations and applicable exemptions, notices and subordinate legislation
• Protection of Personal Information Act 4 of 2013 (POPIA)
• Promotion of Access to Information Act 2 of 2000 (PAIA)
• Electronic Communications and Transactions Act 25 of 2002
• Cybercrimes Act 19 of 2020
• Companies Act 71 of 2008
• Income Tax Act 58 of 1962
• Tax Administration Act 28 of 2011
• Compensation for Occupational Injuries and Diseases Act 130 of 1993

Subjects and categories of records

• Governance and corporate: Incorporation, ownership, minutes, policies, delegations, contracts and insurance
• Regulatory and compliance: Licence, KI/representative files, monitoring, FICA, complaints, breaches, returns and correspondence
• Clients and advice: Identity, mandates, disclosures and monitoring records
• Product suppliers and third parties: Agreements, due diligence, SLAs, statements, communications and performance records
• Finance and tax: Accounting, banking, invoices, fees, taxes and financial statements
• Information and technology: System, access, security, incidents, backups, devices and vendor records
• Marketing and leads: Campaigns, approvals, consent, source, scripts and performance

Request procedure

1. Use the prescribed form or provide equivalent information sufficient to identify the requester, record, right to be exercised and preferred access.
2. Submit the request to the Information Officer at the published address.
3. Provide proof of identity and, where acting for another person, authority to act.
4. Pay any applicable request fee after lawful notice.
5. JB will assess the request, search for the record and respond within the statutory period, subject to any lawful extension.
6. If access is granted, applicable access fees may be payable before delivery.
7. If access is refused or no response is received, the requester may use the remedies available under PAIA, including a complaint to the Information Regulator or court process as applicable.

Grounds, protection and severability

Access may be refused only on a lawful ground, including protection of another person's privacy, confidential commercial information, safety, legally privileged records or other grounds in PAIA. Where only part of a record is protected, reasonably severable information will be considered for release. Records are not destroyed, concealed or altered to avoid a request.

Roles and accountability

• Information Officer: Own the manual, decide requests, safeguard records and report.
• Deputy Information Officer: Assist under delegated authority.
• Record owner: Search, preserve and provide relevant records to the Information Officer.
• All staff: Refer requests immediately and preserve confidentiality.
• Compliance / legal adviser: Advise on lawful grounds, third-party notices and remedies.