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Promotion of Access to Information Act (PAIA)

Just Retirement Life (South Africa) Limited (Just) and its South African entities 

A copy of the manual is available for inspection from our Information Officer.

1. Introduction

The Promotion of Access to Information Act, 2000 (PAIA) came into effect in March 2001. The purpose of PAIA is to give effect to the constitutional right of access to any information held by public or private bodies, and which is required for the exercise or protection of any rights.

The Human Rights Commission compiled a guide that provides details on how to use PAIA. This guide is available from the Human Rights Commission as follows:

The South African Human Rights Commission:

PAIA Unit, The Research and Documentation Department
Private Bag 2700 Houghton
2041

Phone: 011 484 8300
Email: paia@sahrc.org.za
Website: www.sahrc.org.za


In terms of section 51(1) of PAIA, all heads of private bodies are required to compile a manual that provides information regarding the subjects and categories of records held by such private bodies. This manual is intended to fulfil this requirement.

The Protection of Personal Information Act, 2013 (POPIA) was enacted to give effect to the right to privacy by making the processing of personal information by responsible parties subject to limitations which balance the right to privacy against other rights, particularly the right of access to information.

The Information Regulator is obligated to compile and make available a guide which may be used by those seeking to assert rights enshrined in POPIA. Once such a guide becomes available, it may be accessed on the Information Regulator’s website at www.justice.gov.za/inforeg/.

Accordingly, this manual provides a reference to the records we hold and the process that needs to be adopted to access such records. The manual also sets out the categories of personal information processed, and the steps data subjects can follow to object to the processing and request correction or deletion of the personal information. All requests for access to information (other than information that is available to the public) should be addressed to the contact person as identified in this manual, as they are our designated information officer.


2. Company overview, structure and scope of the manual

The ambit of this manual includes the companies in the group, Just Retirement Life (South Africa) Ltd trading as Just, and Just Retirement (South Africa) Holdings Pty Ltd. The records identified pertain to all records that relate to the companies as well as the personal information processed.


3. Administration of the Acts (PAIA and POPIA)

The Chief Executive Officer (CEO) of Just has duly authorised the contact person (information officer) below to ensure that the requirements of the Acts are administered in a fair, objective and unbiased manner.

Accordingly, all requests for access to records should be addressed to:

Information Officer: Louise Ferreira
Email address: LFerreira@justsa.co.za
Postal address: Private Bag X2, Big Bay, 7448

4. Access to Information

4.1 Subjects and corresponding categories of records we hold

Our records can be found in various forms including electronic and paper. In terms of PAIA, access must be granted irrespective of form or medium.

To facilitate the easy identification of the records we hold, we have categorised our records per subject area. The table below provides an indication of the subjects of information that we hold and the corresponding categories:

Subjects Categories

Operations

  • Policyholder details
  • Annuity payment details
  • Annuitant tax details
  • Partner contact details
  • Customer health details

Financial records

  • Audited financial statements
  • Tax records (company and employee)
  • Asset register
  • Management accounts
  • Budgets
  • Contracts
  • Insurance information
  • Financial transactions
  • Purchase and order information
  • Banking records
  • Internal audit records

Information technology

  • IT policies and procedures
  • Network diagrams
  • User manuals

Human resources

  • Employee records (personal information, i.e. name, next of kin, address, etc)
  • Employment contracts
  • Leave records
  • Payslips
  • Personnel guidelines, policies and procedures
  • Training records

Marketing

  • Marketing collateral
  • Email distribution lists
  • Brochures
  • Media releases
  • Website

Sales and distribution

  • Contracts

 

4.2 Records that can be accessed without a formal request

All records that can be accessed without the submission of a formal request (i.e. a formal request as defined by PAIA) can be accessed by contacting our Information Officer.


4.3 Procedure to follow when submitting a formal request of access to a record

A request for access to a record (that does not fall within the categories identified in section 4.1) of this manual must be done formally either via conventional mail, e-mail or fax. This request should be in the prescribed format as defined in Form C of Annexure B as identified in government notice number 187, regulation 6. A request form is also available from our offices. The prescribed request fee should be attached, refer to section 6 of this manual for more details on the fees.

Our information officer will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted.

Please note that the successful completion and submission of an access request form does not automatically allow the request or access to the requested record.

The request form must be completed as follows:

  • Type or print in block letters and answer every question.
  • If an answer does not apply, state “N/A” in response to that question.
  • If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
  • If there is insufficient space on a printed form in which to answer a question, additional information may be provided on a separate page that is clearly marked and referenced.

If access to a record/information is granted, our response will include:

  • an indication of the access fee that should be paid upon gaining access (if any)
  • an indication of the form in which the access will be granted
  • a notice that you may lodge an application with the court against the access fee to be paid or the form of the access, including guidance on the procedure for lodging the application

If access to a record/information is denied, our response will include:

  • adequate reasons for the refusal, and
  • notice that you may lodge an application with the court against the refusal and the procedure, including the period, for lodging the application. For details on the procedure, please refer to chapter 2 of Part 4 of PAIA.

Assuming your request of access is granted, you will be able to gain access to the requested records as soon as is reasonably possible and once the access fee has been paid.

Access will be granted to a record if the following criteria are fulfilled:

  • the record is required for the exercise or protection of any right
  • the requestor complies with the procedural requirements in PAIA relating to a request
  • access to the record is not refused in terms of any ground for refusal as contemplated in chapter 4 of Part 3 of PAIA.


4.4 Denial of access

Access may be refused under limited circumstances including:

  • protecting personal information that Just holds about a third person from unreasonable disclosure
  • protecting commercial information that we hold about a third party (for example trade secrets: financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party)
  • if disclosure would result in a breach of a duty of confidence owed to a third party
  • if disclosure would jeopardise the safety or life of an individual
  • if disclosure would prejudice or impair the security of property
  • if disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme
  • if disclosure would prejudice or impair the protection of the safety of the public
  • the record is privileged from production in legal proceedings unless the privilege has been waived
  • if the record is a computer programme
  • disclosure of the record will put Just at a disadvantage in contractual or other negotiations or prejudice it in commercial competition
  • disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of Just
  • records containing information about research being carried out or about to be carried out on behalf of a third party or Just


4.5 Request for access to information about third parties

If you request access to a record that contains information about a third party, we are obliged to attempt to contact the third party to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.

In the event that the third party furnishes reasons for the support or denial of access, our designated information officer will consider these reasons in determining whether access should be granted. You may appeal against a refusal of access by our information officer. Please refer to Part 4 of PAIA for further details on the appeal process.


4.6 Records that cannot be found or that do not exist

If we searched for a record and believe that it either does not exist or cannot be found, we will notify you by way of an affidavit or affirmation that it is not possible to give you access to the requested record as we are unable to locate it. We will also provide you with details on the steps that were taken to try to locate the record.

If at a later stage the record is located, we will grant you access, provided that access is not prohibited in terms of chapter 4 of Part 3 of PAIA.

 

5. Processing of Personal information

5.1 The purpose of processing

The purpose of processing personal information will be informed by the nature of the personal information. The purposes for which processing activities will be undertaken include the following:

  • to comply with legal obligations
  • to safeguard the data subject’s legitimate interests
  • in pursuit of the companies’ legitimate interests
  • to carry out actions necessary to conclude or perform a contract

The above purposes are not a closed list.

5.2 Categories of data subjects and their personal information

Just may be in possession of records pertaining to customers, service providers and employees. Please note that this list of data subjects and the personal information processed is non-exhaustive:

Data Subject

Personal Information Processed

Customers

Names, contact details, postal and physical addresses, identity numbers, nationality, gender, health information for underwriting purposes

Service Providers

Name of the entity, particulars of the contact person, physical and postal address, registration number, financial information, authorised signatories

Employees

Names, race, gender, contact details, identity number, postal and physical addresses, credit records and criminal records (if applicable)

 

5.3 Access to personal information already processed

Data subjects may request access, amendment or deletion their personal records processed by Just, such requests must be directed to the information officer in the prescribed format.


5.4 Objection to processing of personal information

A data subject wishing to object to the processing of their personal information, in terms of section 11 (3)(a) of POPIA, must submit their objection by completing form 1 and addressing it to the information officer. The information officer will lend such reasonable assistance as is needed, free of charge, to enable the data subject to make their objection.


5.6 Data retention and destruction

Data will be assessed, and the retention period set will be informed by the following:

  • Statutory requirements - information will be retained for only as long as is required by regulation or to meet legal requirements.
  • Ongoing business need or benefit: information will be retained for only as long as it is required to run the organisation effectively or if there is other demonstrable benefit.

 

6. Fees

6.1 PAIA

The applicable fees are prescribed in the regulations published under PAIA. There are two basic types of fees applicable – these are “request” and “access” fees. The non-refundable request fee (currently R57.00, inclusive of VAT) is payable on submission of the request for access to a record (unless the request is for personal records of the requestor in which event there is no applicable fee).

The access fee is payable prior to gaining access to records in the required form.

The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice 187, regulation 11.


6.2 POPIA

No fee is charged where a data subject seeks to confirm whether Just holds personal information on them. However, where a record or description of the personal information held is requested, the data subject may be required to pay a fee for services provided in order to enable Just to respond to the request. The data subject will be given an estimate of fee prior to the provision of the services and may be required to pay a deposit for all or part of the fee.

 

7. Additional legislation which imposes recordkeeping obligations

Additionally, we are required to ensure that certain records are available as prescribed in terms of the following legislation:

  • Basic Conditions of Employment Act no. 75 of 1997
  • Collective Investment Schemes Control Act no. 45 of 2002
  • Companies Act no. 71 of 2008
  • Compensation for Occupational Injuries and Health Diseases Act no.130 of 1993
  • Consumer Affairs (Unfair Business Practices) Act no. 71 of 1988
  • Copyright Act no. 98 of 1978
  • Currency and Exchanges Act no. 9 of 1933
  • Debt Collectors Act no. 114 of 1998
  • Employment Equity Act no. 55 of 1998
  • Finance Act no. 35 of 2000
  • Financial Advisory and Intermediary Services Act, 2002
  • Financial Intelligence Centre Act, 38 of 2001
  • Financial Markets Act no. 19 of 2012
  • Harmful Business Practices Act no. 23 of 1999
  • Income Tax Act no. 95 of 1967
  • Insolvency Act no. 24 of 1936
  • Intellectual Property Laws Amendments Act no. 38 of 1997
  • Labour Relations Act no. 66 of 1995
  • Long-term Insurance Act, 52 of 1998
  • National Credit Act 34 of 2005
  • Occupational Health and Safety Act no. 85 of 1993
  • Pension Funds Act, 24 of 1956
  • Prevention of Organised Crime Act, 121 of 1998
  • Protection of Businesses Act no. 99 of 1978
  • SA Reserve Bank Act no. 90 of 1989
  • Skills Development Levies Act no. 9 of 1999
  • Skills Development Act no. 97 of 1998
  • Stamp Duties Act no. 77 of 1968
  • Trade Marks Act no. 194 of 1993
  • Unemployment Contributions Act no. 4 of 2002
  • Unemployment Insurance Act no. 63 of 2001
  • Value Added Tax Act no. 89 of 1991


Please note that while we have made every effort to identify all pertinent legislation, we cannot guarantee that all legislation has been included. Should you be aware of any specific legislation that should be included, and which has been omitted, please contact our Information Officer.

Information Officer: Louise Ferreira
Email addressLFerreira@justsa.co.za
Postal address: Private Bag X2, Big Bay, 7448