Promotion of Access to Information Act (PAIA) Manual
Effective Date: 1 September 2018
Wealth Planners (Pty) Ltd is an FSCA licensed independent financial planning practice registered as a financial services provider (FSP) number 37933 and has been mindfully partnering with clients since 2009.
The Promotion to 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 (government) or private (non-government) bodies that is required for the exercise of protection of any rights. Where a request is made in terms of the Act, Wealth Planners is obliged to release the information, except where the Act expressly provides that the information may or must not be released.
The manual has been prepared in accordance with Section 51 of the Act. The manual informs the requester of procedural and other requirements which a request must meet as prescribed by the Act. It is important to note that the Act recognises certain limitations to the right of access to information, including but not limited to, limitations aimed at 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.
Section 51 (1)(a) - Company information & contact details
Name of the Private Body: Wealth Planners (Pty) Ltd.
Company Registration Number: 2008/028185/07.
Information Officer: Keith James McDonald.
Office Address: Unit 13 Draper Square, 16 Draper Street, Claremont, Cape Town, 7708.
Postal Address: PostNet Suite 238, Private Bag X1005, Claremont, Cape Town, 7735.
Telephone Number: +27 21 671 8985.
Fax Number: +27 86 588 9544.
Email Address: info@wealthplanners.co.za.
Website: www.wealthplanners.co.za.
Section 51 (1)(b) - Guide on how to use the Act
The South African Human Rights Commission has - in terms of the Act - compiled a guide (“Guide on how to use the Promotion of Access to Information Act 2 of 2000”), in every official language, in an easily comprehensible form and manner, as may be required by a person who wishes to exercise any right contemplated in the Act. Please direct enquiries to:
Postal Address: The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department
Private Bag X2700,
Houghton, Johannesburg, 2041.
Telephone Number: +27 11 4848300.
Fax Number: +27 11 484 7146.
Email Address: PAIA@sahrc.org.za.
Website: www.sahrc.org.za
Voluntary disclosure & automatic availability of certain records
The accessibility of the documents below may be subject to the grounds of refusal set out in
this manual:
● Personnel Records.
● Client Related Records.
● Private Body Records (financial and company secretarial).
Section 51 (1)(d) - Availability of records in accordance with any other legislation
The requester may also request information that is available in terms of other legislation.
Legislation Applicable
1. Administration of Estates Act, No. 66 of 1965
No
2. Arbitration Act No. 42 of 1965
No
3. Basic Conditions of Employment No. 75 of 1997
Yes
4. Companies Act No. 61 of 1973
Yes
5. Compensation for Occupational Injuries & Health Diseases Act No. 130 of 1993
Yes
6. Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
No
7. Copyright Act No. 98 of 1978
No
8. Credit Agreements Act No. 75 of 1980
No
9. Currency & Exchanges Act No. 9 of 1933
No
10. Debtor Collectors Act No. 114 of 1998
No
11. Employment Equity Act No. 55 of 1998
No
12. Finance Act No. 35 of 2000
No
13. Financial Services Board Act No. 97 of 1990
Yes
14. Financial Relations Act No. 65 of 1976
No
15. Harmful Business Practices Act No. 23 of 1999
No
16. Income Tax Act No. 95 of 1967
Yes
17. Insolvency Act No. 24 of 1936
No
18. Insurance Act No 27 of 1943
Yes
19. Intellectual Property Laws Amendments Act No. 38 of 1997
No
20. Labour Relations Act No. 66 of 1995
Yes
21. Long Term Insurance Act No. 52 of 1998
No
22. Medical Schemes Act No. 131 of 1998
Yes
23. Occupational Health & Safety Act No. 85 of 1993
Yes
24. Pension Funds Act No. 24 of 1956
Yes
25. Post Office Act No. 44 of 1958
No
26. Protection of Businesses Act No. 99 of 1978
No
27. Regional Services Councils Act No. 109 of 1985
No
28. SA Reserve Bank Act No. 90 of 1989
No
29. Short Term Insurance Act No. 53 of 1998
No
30. Skills Development Levies Act No. 9 of 1999
Yes
31. Skills Development Act No. 97 of 1998
No
32. Stamp Duties Act No. 77 of 1968
No
33. Stock Exchange Control Act No. 1 of 1985
No
34. Tax on Retirement Funds Act No. 38 of 1996
Yes
35. Trade Marks Act No. 194 of 1993
No
36. Unemployment Contributions Act No. 4 of 2002
No
37. Unemployment Insurance Act No. 63 of 2001
Yes
38. Usury Act No 73 of 1968
No
39. Value Added Tax Act No. 89 of 1991
Yes
Section 51 (1)(c) and 1(e) - Access to records held by Wealth Planners
Wealth Planners may refuse a request for information in respect of information detailed below:
I. Commercial and Legal
A. Contracts and Agreements.
B. Company Confidential – Historical significance.
C. Meeting Minutes.
D. Shareholders.
E. Property Leases and Agreements.
F. Trademark.
G. Insurance.
H. Resolutions – Directors.
I. Correspondence.
II. Financial
A. Financial Statements
B. Financial Analysis and Reports
C. Budgets
D. Taxes and Levies
III. Human Resources
A. Employees Personnel Information
B. Employees History (skills and experience)
C. Educational Background
D. Training and Development
E. Health
F. Salaries and Wages
G. Contracts and Agreements
H. Employment Equity
IV. Marketing
A. Advertising
B. Contracts with Suppliers
C. Product Ranges and Pricing
V. Health and Safety
A. Policies
B. Accidents and Incidents Reports
Procedure for requiring records
I. The requester must use the prescribed request form (PAIA Form C) to make the request. The requester must properly detail their request on the form so that it:
A. properly identifies the record and requester;
B. indicates the form of access required.
C. indicates if any other manner is to be used to inform the requester stating the particulars of such manner;
D. identifies the right that is to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
E. where the request is made on behalf of a third-party, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
II. The form must be submitted to the Information Officer at the email address, office or postal address, or fax number listed above.
III. Wealth Planners will process the request within thirty (30) calendar days.
IV. The requester will be informed in writing whether or not access has been granted.
V. The requester must pay the prescribed fee if applicable, before any further processing takes place.
Section 51 (3) - Availability of the manual and prescribed request form
The PAIA manual is available for inspection at the offices of Wealth Planners and for download from the Wealth Planners website. The prescribed request form is available from the offices of Wealth Planners and for download from the South African Human Rights Commission website.
Fees for accessing records
See the fee schedule listed in the South African Human Rights Commission’s “Guide on how to use the Promotion of Access to Information Act 2 of 2000”.
Legal recourse against private bodies
When the requester is not satisfied by a decision made by the Information Officer of a private body, for example for refusing access, for imposing access fees, or for extending the time period in which the response is due, the requester may apply to court for relief within one hundred and eighty (180) days of receiving the decision for more information that has caused the grievance. The decision of the private body will be reviewed by a court and a decision will be made by the courts as to whether or not to provide access to the requested records. Access to information cases can be heard before the Magistrate’s Courts as a court of first instance, as provided for under section 79 of the Act, and also the High Courts.