KGANYA INVESTMENT HOLDINGS (PTY) LTD

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1 KGANYA INVESTMENT HOLDINGS (PTY) LTD ACCESS TO INFORMATION MANUAL KGANYA INVESTMENT HOLDINGS (PTY) LTD, Registration No. 1999/007637/07, comprises the following whollyowned subsidiaries, herein after referred to as Kganya: Kganya Insurance Administrators (Pty) Ltd Reg. no 1995/007875/07 Kganya Insurance Brokers (Pty) Ltd Reg. no 2001/011680/07 Kganya Financial Services (Pty) Ltd Reg.no 2014/025627/07 Kganya International Companies (comprising Kganya Botswana, Kganya Namibia (Pty) Ltd, Kganya Malawi (Pty) Ltd, Kganya Swaziland (Pty) Ltd and Kganya Lesotho (Pty) Ltd) Kganya Projects (Pty) Ltd Reg. no 1996/001980/08 Kganya Brands (Pty) Ltd Reg. no 2014/023605/07 Kganya Technology Solutions (Pty) Ltd Reg. no 2014/040066/07 PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (PAIA)

2 COMPANY CONTACT DETAILS Information Officer: Christelle Ahlers Group Managing Director: Vaughan de la Harpe Postal address: P O Box 394 Rivonia 2128 Physical address: Ground Floor, North Wing 328 Rivonia Blvd Rivonia 2128 Tel: +27 (11) Fax: +27 (11) address: christellea@kganya.co.za Website: June 2015 l Pg 2

3 1. INTRODUCTION The Promotion of Access to Information Act, No 2 of 2000 ( the Act ) gives effect to the constitutional right of access to any information in records held by public or private bodies that is required for the exercise or protection of any rights. The Act sets out the requisite procedural issues attached to such request, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request. This manual informs requesters of procedural and other requirements which request must be met as prescribed by the Act. The Act recognises that the right to access to 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. 2. REQUEST FOR ACCESS TO INFORMATION In the event that a person or entity requires access to information as contemplated in the Act, the requester must contact the information officer at christellea@kganya.co.za A request for access to information must be made in the prescribed form to the information officer indicated above. See Annexure 1 for the prescribed form. All required text fields on the annexed Request for Information Form must be completed in full and in a legible form. The form (as well as any additional pages attached thereto) must be signed by the person submitting the form. A person submitting the request must: indicate the identity of the person seeking access to the information provide sufficient particulars to enable the information officer to identify the information requested specify the format in which the information is required indicate the contact details of the person requiring the information indicate the right to be exercised and/or to be protected, and specify the reasons why the information required will enable the person to protect and/or exercise such right June 2015 l Pg 3

4 3. TYPES OF RECORDS The following records from Kganya are available on request: Personnel Records Personal staff records Salary records Conditions of employment and other personnel related contractual and quasilegal records UIF records Tax records Leave records Training schedules and material Customer Related Records Records pertaining to clients Records pertaining to transactions Company Information Operational records Databases Information technology Marketing records Internal correspondence Product records Statutory records Internal policies and procedures Compliance records Board members June 2015 l Pg 4

5 Other Parties Incorporation documents Minutes of meetings Share allotment register Company resolutions and statutory company documentation Shareholding in subsidiaries and other companies Contractors Suppliers Auditors Attorneys Joint ventures Related companies A request for the information may also be based on information which is available in terms of the following legislation: Arbitration Act 42 of 1965 Basic Conditions of Employment Act 75 of 1997 Closed Corporation Act 69 of 1984 Close Corporations amendment Act 25 of 2005 Compensation for Occupational Injuries and Diseases Act 130 of 1993 Competition Act 89 of 1998 Consumer Protection Act 68 of 2008 Copyright Act 61 of 1978 Electronic Communications and Transactions Act 25 of 2002 Employment Equity Act 55 of 1998 June 2015 l Pg 5

6 Financial Advisory and Intermediary Services Act no 37 of 2002 Financial Intelligence Centre Act 38 of 2001 Income Tax Act 58 of 1962 Insurance Act 27 of 1943 Intellectual Property Laws Amendments Act 38 of 1997 Interception and Monitoring Prohibition Act 127 of 1992 Labour Relations Act 66 of 1995 Long Term Insurance Act 52 of 1998 Occupational Health and Safety Act 85 of 1993 Prevention of Organised Crime Act 121 of 1998 Short-term Insurance Act no. 53 of 1998 Skills Development Act 97 of 1998 Skills Development Levies Act 9 of 1999 Trade Marks Act 194 of 1993 Trust Property Control Act 57 of 1988 Unemployment Insurance Act 63 of 2001 Unemployment Insurance Contributions Act 4 of 2002 Value Added Tax Act 89 of FEES A requester who seeks access to a record containing personal information about that requester is not required to pay the request fees. Any other requester who is not a personal requester must pay the required fee: A fee will be required by the information officer before further processing of the request in terms of S54 of the Act A requester fee of R50 should be paid, this amount will be refunded should the request for access be refused June 2015 l Pg 6

7 A portion of the access fee may be required before the request is considered The information officer may withhold a record until the requester has paid the applicable fees 5. REFUSAL TO GRANT ACCESS TO RECORDS Kganya 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 Kganya has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the request is for a large number of information, or the information cannot reasonably be obtained within the original 30 day period. Kganya will notify the requester in writing should an extension be required. The main grounds to refuse a request for information are: Mandatory protection of privacy of a third party who is a natural person, which would involve unreasonable disclosure of personal information of that natural person; Mandatory protection of the commercial information of a third party, if the record contains trade secrets of that third party; financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interest of that third party; information disclosed in confidence by a third party to the institution, 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 Kganya, which may include trade secrets of Kganya; financial, commercial or technical information which disclosure could likely cause harm to the financial or commercial interests of Kganya; information which, if disclosed could put Kganya at a disadvantage in negotiations or commercial competition; a computer program which is owned by Kganya, and which is protected by copyright; the research information of Kganya or a third party, if its disclosure would disclose the identity of the institution, 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. June 2015 l Pg 7

8 6. DETAILS OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION Any queries with regard to this manual should be directed to: The South African Human Rights Commission; PAIA Unit Private Bag 2700, Houghton 2041 Phone: Fax: Website: June 2015 l Pg 8

9 ANNEXURE 1 REQUEST FOR INFORMATION FORM 1. PARTICULARS OF PERSON REQUESTING ACCESS TO INFORMATION Full names and Surname Identification Number Telephone Number Fax Number Address Postal Address 2. PARTICULARS OF PERSON ON WHOSE BEHALF THE REQUEST IS MADE Only complete this section if a request for information is made on behalf of another person Full names and Surname Identification / Company Number 3. PARTICULARS OF REQUESTED INFORMATION Provide full particulars of the information to which access is requested. If the provided space is inadequate, please continue on a separate page and attach it to this form. (please sign all additional pages) Full Description 4. FORMAT IN WHICH INFORMATION IS REQUIRED Indicate the format in which the information requested is required. Please note that the request for access in the specified format may depend on the format in which the record is available. Access in the requested format may be refused under certain circumstances. Specify Format June 2015 l Pg 9

10 5. RIGHT TO BE EXERCISED OR PROTECTED Indicate the right that is to be exercised and/or protected and why the information is required to protect and/or to exercise this right. Specify Right 6. NOTIFICATION You will be notified by and/or post whether your request has been approved or denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars. Alternative Method Signed at: on this day of 20 Signature of person submitting the request June 2015 l Pg 10

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