MANUAL FOR MyMeerkat (PTY) LTD, MyMeerkat FSP (PTY) LTD & Zalpen (PTY) LTD (“MEERKAT”)
(Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (‘PAIA’))
INDEX
1.INTRODUCTION
The Promotion of Access to Information Act, 2 of 2000 (“PAIA”) was enacted on 3 February 2000. The
purpose of the legislation is to give effect to the constitutional right of access to information held by any private or public body that is required for the exercise or protection of any rights.
Where a request is made in terms of PAIA, the body to which the request is made is obliged to release the information, except where PAIA or other legislation expressly provides that the information may or must not be released.
As a private body defined in PAIA, MEERKAT is required to compile a manual to provide a reference as to the records held and the process which needs to be followed to access such records.
This manual is intended to foster a culture of transparency, accountability and good governance, by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect their rights.
Name of private body: MYMEERKAT (Pty) Ltd
Registration number: 2015/102401/07
Street address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Postal address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Telephone number: 021 003 4535
Website: www.meerkat.co.za
Contact person: David O'Brien
E-mail address: davidob71@meerkat.co.za
Name of private body: MYMEERKAT FSP (Pty) Ltd Registration number: 2019/608966/07
Street address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Postal address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Telephone number: 021 003 4535
Website: www.meerkat.co.za
Contact person: David O'Brien
E-mail address: davidob71@meerkat.co.za
Name of private body: ZALPEN (Pty) Ltd
Registration number: 2016/076024/07
Street address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Postal address: 203 Pine Park, 1 Logan Way, Pinelands, Cape Town, 7405
Telephone number: 021 003 4535
Website www.meerkat.co.za
Contact person: David O'Brien
E-mail address: davidob71@meerkat.co.za
3.1 This Manual is compiled by MEERKAT in terms of section 14 of PAIA as amended and the Regulations framed thereunder.
3.2 The purpose of the Manual is to facilitate requests for access to records of MEERKAT as provided for in sections 23, 24 and 25 of PAIA and explains how –
3.2.1 to access, or
3.2.2 object to, or
3.2.3 request correction; or
3.2.4 delete –
personal information held by MEERKAT.
3.3 In addition the Manual has been compiled in order to foster a culture of transparency and accountability within MEERKAT, by giving effect to the right to access information that is required for the exercising and protection of an individual or organisation’s rights.
3.4 This Manual does not comprehensively deal with every possible procedure provided for in PAIA nor is it by any means exhaustive thereof. MEERKAT will notwithstanding, in terms of section 19 of PAIA and Regulations 2 and 3 framed under POPIA provide such assistance to parties applying for access to information or personal information held by MEERKAT as may be required in completing the necessary forms.
3.5 MEERKAT makes no representation and gives no undertaking or warranty that the information in this Manual or any information provided by it to a requestor is-
3.5.1 complete or accurate, or
3.5.2 that such information is fit for any purpose whatsoever.
3.6 All users of any such information use such information entirely at their own risk, and MEERKAT will not be liable for any loss, expense, liability or claims, howsoever arising, resulting from the use of this Manual or of any information provided by MEERKAT or from any error or omission therein.
3.7 MEERKAT will update the Manual at least every twelve months or at such other intervals as MEERKAT may deem necessary.
4. ACCESS TO THE GUIDE ON HOW TO USE PAIA
The South African Human Rights Commission (SAHRC) has compiled a guide to help a person who wishes
to exercise any rights granted in PAIA. The guide is available from the South African Human Rights
Commission who can be contacted at:
The South African Human Rights Commission
PAIA Unit: The Research and Documentation Department
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 877 3627
Facsimile: +27 11 484 0582
Website: www.sahrc.org.za
E-mail: tsebulela@sahrc.org.za
5. LEGISLATION IN TERMS OF WHICH RECORDS ARE HELD BY MEERKAT
5.1. Information is available in terms of the following legislation, if and where applicable (note this is not an exhaustive list):
5.1.1. Basic Conditions of Employment Act No. 75 of 1997
5.1.2. Banks Act 94 of 1990;
5.1.3. Companies Act No. 71 of 2008
5.1.4. Compensation of Occupational Injuries and Diseases Act No. 130 of 193
5.1.5. Customs and Excise Act No. 91 of 1964
5.1.6. Electronic Communications and Transactions Act No. 25 of 2002
5.1.7. Employment Equity Act No. 55 of 1998
5.1.8. Financial Advisory and Intermediary Services Act 37 of 2002
5.1.9. Income Tax Act No. 58 of 1962
5.1.10. Insolvency Act No. 24 of 1936
5.1.11. Labour Relations Act No. 66 of 1995
5.1.12. Long Terms Insurance Act 52 of 1998
5.1.13. Occupational Health and Safety Act No. 85 of 1993
5.1.14. Promotion of Access to Information Act No. 2 of 2000
5.1.15. Skills development Levies Act No. 9 of 1999
5.1.16. Trademarks Act No. 194.of 1993
5.1.17. Unemployment Insurance Act No. 30 of 1966
5.1.18. Value – Added Tax Act No. 89 of 1991
This list is not exhaustive. PAIA Manual December 2020 RGT 4/7
6. HOW TO ACCESS RECORDS HELD BY MEERKAT
A requester is any person making a request for access to a record of MEERKAT. There are two types of requesters, a personal requester and other requesters:
6.1. PERSONAL REQUESTER
A client is a personal requester. A personal requester is a requester who is seeking access to a record containing personal information about themselves.
All the clients information pertaining to MEERKAT is available to him/her upon request.
Procedure to obtain this information and/or records from MEERKAT
The information can be obtained in one of the following ways:
MEERKAT will voluntarily provide the requested information or give access to any record with regard to the requester’s personal information. No fees will be charged in respect of information relating to the personal requester (member).
6.2. OTHER REQUESTER (THIRD PARTY)
This requester (someone other than a MEERKAT client) is entitled to request access to information on third parties. However, MEERKAT is not obliged to voluntarily grant access. The requester must fulfill the prerequisite requirements for access in terms of PAIA by completing the request form and paying the fee.
RECORDS HELD BY MEERKAT WHICH MUST BE FORMALLY REQUESTED VIA THE PAIA REQUEST FORM BEFORE THE INFORMATION IS SUPPLIED TO A MEMBER AND/OR A THIRD PARTY
(The below list is not exhaustive. Access to records not listed below may be requested from the contact person in point 6 above.)
Client data
General records
Request procedure
7. PROCESSING OF PERSONAL INFORMATION
MEERKAT processes personal information in accordance with POPIA, subject to MEERKATS Privacy and Data Protection Policies. MEERKAT processes personal information for the following purposes:
7.1 debt counselling purposes;
7.2 insurance purposes;
7.3 maintaining client records;
7.4 applying for a court order;
7.5 financial administration and taxation purposes;
7.6 detecting and preventing fraud money laundering;
7.7 recovering debts;
7.8 for transacting with service providers.
8. FEES
8.1 PAIA provides for two types of fees namely:
8.1.1 A request fee, which will be a standard fee; and
8.1.2 An access fee, which must be calculated by taking into account reproduction costs,
search and preparation time and cost, as well as postal costs.
8.2 When the request is received by MEERKAT, it will by notice require the requester, other than a
personal requester, to pay the prescribed request fee (if any), before further processing of the
request.
8.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, MEERKAT will notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
8.4 MEERKAT will withhold a record until the requester has paid the fees as prescribed.
8.5 A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
8.6 If a deposit has been paid in respect of a request for access, which is refused, then MEERKAT must repay the deposit to the requester.
PAIA Manual December 2020 RGT 7/7
9. DECISION
9.1 MEERKAT 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.
9.2 The 30 day period within which MEERKAT 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 request requires a search for information and the information cannot reasonably be obtained within the original 30 day-period. MEERKAT will notify the requester in writing should an extension be sought.
9.3 Should MEERKAT decline access to the information requested, the requester may lodge an internal appeal to the board of management of MEERKAT.
10. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The main grounds for MEERKAT to refuse a request for information relates to the –
10.1. mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
10.2. mandatory protection of the commercial information of a third party, if the record contains:
10.2.1. trade secrets of that third party;
10.2.2. financial, commercial, scientific or technical information which disclosure could likely
cause harm to the financial or commercial interests of that third party;
10.2.3. information disclosed in confidence by a third party to MEERKAT, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
10.3. mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
10.4. mandatory protection of the safety of individuals and the protection of property;
10.5. mandatory protection of records which would be regarded as privileged in legal proceedings;
and
10.6. the financial activities of MEERKAT.
Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources, will be refused.
Should, after a diligent search, the record requested not be found, MEERKAT will by way of affidavit give notification that it is not possible to give access to that record.
11. AVAILABILITY OF THE MANUAL
A copy of this manual is available for inspection free of charge at MEERKAT’s registered office and, if applicable, on the Meerkat’s website.
Copies are also available from the SAHRC.
You can download the updated PAIA forms below:
© Copyright MyMeerkat FSP (PTY) Ltd. All Rights Reserved. MyMeerkat FSP is an authorised financial services provider (FSP 50979)
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