PROMOTION OF ACCESS TO INFORMATION ACT, 2000

PROMOTION OF ACCESS TO INFORMATION ACT, 2000

PROMOTION OF ACCESS TO INFORMATION ACT, 2000

(ACT NO 2 OF 2000)


Section 51 Manual for
MAN FINANCIAL SERVICES (SA) (RF) (PTY) LTD
(Registration Number 1997/011686/07)
(Applicable 1 June 2021 – Version 1)

 

1. INTRODUCTION and PURPOSE

MAN Financial Services (SA) (RF) Proprietary Limited (“MFS”) provides financing facilities to the buyers of products supplied by MAN Automotive (SA) (Pty) Ltd (“MAN”). 

PAIA was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights. Where a request is made in terms of PAIA, the body to whom the request is made is obliged to release the information, except where PAIA expressly provides that the information may or must not be released. PAIA sets out the requisite procedural issues attached to such request. PAIA is read in conjunction with the Protection of Personal Information Act 4 of 2013 (“PoPIA”).  

The MFS Head Office is located at Founders Hill Office Park in Modderfontein. MFS wholesale business is performed in accordance with a Sales Agreement with MAN.

This Manual is intended to foster a culture of transparency and accountability within the Financial Services Industry as a whole, 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. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of PAIA in order for them to exercise their rights in relation to public and private bodies. Section 9 of PAIA however recognises that such right to access 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. 

This manual serves as an Information Guide, which sets out the procedures to be followed, as well as the contact details and other relevant information, to allow requesters to give effect to their rights, in terms of PAIA and POPIA.

 

2. INFORMATION REQUIRED UNDER SECTION 51 (1) (a) OF THE ACT

Contact details:
Information Officer: Mr. Johannes Marthinus Du Plessis
Deputy Information Officer: Mr. James Orton
Chief Executive Officer: Mr. Rudi Le Roux

Postal Address:
PO Box 75518
Gardenview,
2047

Street Address:
2nd Floor, The Views
Founders Hill Office Park
18 Centenary Way,
Founders Hill,
2047

Telephone: 011 284 3900
Fax: 011 454 0636
E-Mail: mfs.reception@man-finance.co.za

 

3. AVAILABILITY OF GUIDE IN TERMS OF PAIA

A guide has been compiled in terms of Section 10 of the PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right as contemplated by the PAIA. Copies of PAIA and/or PoPIA and any applicable regulations and guides in respect of PAIA and/or PoPIA may be obtained from the Information Regulator South Africa (“Information Regulator”), and any queries may be directed as follows:

Information Regulator South Africa
Braampark, Forum 3
33 Hoofd Street
Braamfontein
Johannesburg
2001  

Tel: +27 (10) 023 5200
Website: Justice.gov.za
Email: inforeg@justice.gov.za

 

4. RECORDS OF MAN FINANCIAL SERVICES (SA) (RF) (Pty) Ltd

This section serves as a reference to the records that MFS holds. 

It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter. The information is classified and grouped according to records relating to the following subjects and categories:

4.1 PRIVATE BODY RECORDS

These records include, but are not limited to, the records which pertain to MFS’s own affairs. 

  • Statutory Records, Documents of Incorporation, Memorandum and Articles of Association, Shareholders Agreement; 
  • Transactional and Operational records, Accounting, Auditing and Financial Records,  Management Accounts and Annual Financial Statements, Asset Register, Tax returns;
  • Banking, Finance and Funding related records;
  • Databases and Information Technology standards and application;
  • Marketing, Product and Program records;
  • Stakeholder and Shareholder correspondence;
  • BBB-EE Certificates and Reports;
  • Internal Policies and Procedures.

4.2 RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION 

  • Administration of Estates Act 66 of 1965  
  • Alienation of Land Act 68 of 1981  
  • Attorneys Act 53 of 1979 
  • Banks Act 94 of 1990 
  • Basic Conditions of Employment Act 75 of 1997  
  • Bills of Exchange Act 34 of 1964 
  • Births and Deaths Registration Act 51 of 1992 
  • Broad-based Black Economic Empowerment Act 53 of 2003
  • Children’s Act 38 of 2005 
  • Collective Investment Schemes Act 45 of 2002  
  • Companies Act 71 of 2008 
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993 
  • Competition Act 89 of 1998  
  • Constitution of the Republic of South Africa, 1996 
  • Consumer Protection Act 68 of 2008 
  • Criminal Procedures Act 51 of 1977 
  • Customs & Excise Act, 91 of 1964;
  • Debt Collectors’ Act 114 of 1998  
  • Deeds Registries Act 47of 1937  
  • Designs Act 195 of 1993 (Sect 7(2)) 
  • Electronic Communications Act 36 of 2005 
  • Electronic Communications and Transaction Act 25 of 2002 
  • Employment Equity Act 55 of 1998  
  • Estate Agency Affairs Act 112 of 1976  
  • Extension of Security of Tenure Act 62 of 1997 
  • Financial Advisory and Intermediary Services Act 37of 2002 
  • Financial Institutions (Protection of Funds) Act 28 of 2001 
  • Financial Intelligence Centre Act 38 of 2001  
  • Financial Markets Act 19 of 2012 
  • Firearms Control Act 60 of 2000  
  • Fund Raising Act 107 of 1978  
  • Home Loan and Mortgage Disclosure Act 63 of 2000   
  • Identification Act 68 of 1997 
  • Insolvency Act 24 of 1936  
  • Inspection of Financial Institutions Act 80 of 1998  
  • Labour Relations Act 66 of 1995  
  • Long Term Insurance Act 52 of 1998 
  • National Credit Act 34 of 2005 National Environmental Management Act 107 of 1998 
  • National Environmental Management Waste Act 59 of 2008 
  • National Payment System Act 78 of 1998 National Heritage Resources Act 25 of 1999 
  • Occupational Health and Safety Act 85 of 1993 
  • Patents Act 57 of 1978 
  • Pension Fund Act 24 of 1956 
  • Prevention and Combating of Corrupt Activities Act 12 of 2004 
  • Promotion of Access to Information Act 2 of 2000 
  • Protected Disclosures Act 26 of 2000 
  • Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 
  • Protection of Personal Information Act 4 of 2013 
  • Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 
  • Short Term Insurance Act 53 of 1998  
  • Skills Development Act, 97 of 1998;
  • South African Reserve Bank Act 90 of 1989 
  • Tax Administration Act 28 of 2011 
  • Trade Marks Act 194 of 1993  
  • Transfer Duty Act 40 of 1949 
  • Unemployment Insurance Act 63 of 2001  
  • Value Added Tax Act 89 of 1991 

4.3 PERSONNEL RECORDS

  • Employment contracts, conditions of employment and other personnel-related contractual and quasi-legal records, Personal records and correspondence provided by/to the respective HR departments of MFS.
  • Records provided by a third party relating to personnel.
  • Internal evaluation records such as leave, training, salary, disciplinary and other internal records. 
  • Personal records provided by personnel. 
  • Correspondence relating to personnel.
  • Training schedules and material.

“Personnel” refers to any person who works for, or provides services to or on behalf of MFS, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of MFS. This includes, without limitation, directors (executive and non-executive), all permanent, seconded, temporary and part-time staff, as well as contract workers.

    1. 3.4.      CUSTOMER RELATED RECORDS
  • Records provided by a customer to a third party acting for or on behalf of MFS;
  • Records provided by a third party;
  • Records generated by or within MFS relating to its customers, including transactional records.
  • Records generated by Absa Bank Limited on behalf of MFS.

A “customer” refers to any natural or juristic entity that receives services from MFS.

4.5 OTHER PARTY RECORDS

MFS may possess records pertaining to other parties, including without limitation contractors, suppliers, holding companies, associated entities/companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to MFS.

  • Records held by another party, as opposed to the records held by MFS itself includes Personnel, Employment equity, Medical Aid and Pension/provident Fund, Customer or Private Body records and records pertaining to any MFS program or activity. This includes Absa Bank Limited and MAN;
  • Records held by MFS pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.

4.5 RECORDS AUTOMATICALLY AVAILABLE

You may request to inspect the below categories of records which are automatically available and in respect of which you do not need to specifically request access: 

  • Promotional and advertising material which may be publicly accessible; and 
  • Information pertaining to MFS products and services that are within the public domain.

4.6  PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA

MFS places an extremely high premium on the right to privacy and has implemented measures to ensure that this Constitutionally guaranteed right is respected and safeguarded at all times. To this end, MFS collects, processes and discloses personal information in a manner that not only complies with applicable privacy and data protection laws such as PoPIA, but also fosters trust and fairness towards all data subjects.

4.7  THE PURPOSES FOR WHICH MFS PROCESSES PERSONAL INFORMATION

MFS processes personal information for various purposes and only if, and to the extent that the law permits. MFS will not process personal information in the absence of one or more of the following lawful bases to do so: 

  • Consent of the data subject; or 
  • The processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party; or 
  • The processing complies with an obligation imposed by law on MFS; 
  • The processing protects the data subject’s legitimate interest; 
  • The processing is necessary for the proper performance of a public law duty by a public body; 
  • The processing is necessary for pursuing MFS legitimate interests or those of a third party to whom the personal information is disclosed. For more details on MFS purposes for processing personal information, please see our Privacy Statement which is available on our website (mfs.co.za/legal-and-compliance/privacy-statement/)

4.8 DESCRIPTION OF THE CATEGORIES OF PERSONAL INFORMATION PROCESSED AND THE DATA SUBJECTS IN RESPECT OF WHICH THE PERSONAL INFORMATION IS PROCESSED

MFS processes the following personal information in respect of the following data subjects: 

  • Customers (includes current, prospective and previous customers): 
    • Demographic, financial and consumer credit information 
    • Transactions and transactional history 
    • Government identifiers like identity and passport number 
    • Biometric information such as fingerprints 
    • Immovable property and vehicle information 
    • Bank details, contact details and location information 
    • Rewards membership information 
    • Juristic and corporate entity information 
    • Information regarding occupation 
    • Employment information 
    • Personal opinions and views (customer survey records) 
    • Personal preferences 
    • Identification and verification records 
    • Beneficiary and heir information 
  • Employees (includes current, prospective and previous employees): 
    • Employment history and information regarding education 
    • Health and safety information 
    • Information regarding criminal convictions and background checks 
    • Temperature readings for COVID-19 purposes 
    • Full name and contact details 
    • Close circuit television (CCTV) footage
    • Usage of computer software like email and internet 
    • Information regarding employee monitoring 
    • Physical and electronic access information 
    • Employee disciplinary and performance information 
    • Information regarding dismissals for dishonesty-related behaviour 
    • Payroll information 
    • Biometric information 
    • Information on disability, trade union membership, race and religion. 
    • Information on credit record 
    • Medical information 
    • Personal opinions and views (employee survey records) 
  • Employee next of kin or emergency contact 
    • Contact details 
  • Operators (suppliers/vendors): 
    • Bank details and financial information 
    • Contracts and supplier representative contact details 
    • Information pertaining to information security controls and business processes 
    • Supplier employee information 
  • Directors: 
    • Demographic, financial and contact information 
    • Information pertaining to checks conducted for compliance purposes 
    • Conflict of interest declarations 
    • Education information 
    • Residence status 
    • Personal views and opinions (Board and committee survey records) 
  • Shareholders: 
    • Name, address and contact details 
    • Information and records pertaining to shareholding 
  • Job applicants: 
    • Curriculum vitae 
    • Risk assessment forms 
    • Background checks 
    • Applications for employment 
    • Personal opinions and views (interview records) 
  • Landlords and tenants 
    • Property information 
    • Contact information 
    • Financial information 
    • Banking details
  • Visitors to MFS premises and branches: 
    • Close circuit television (CCTV) footage 
    • Temperature readings for COVID-19 purposes 
    • Full name and contact details

4.9 RECIPIENTS OR CATEGORIES OF RECIPIENTS TO WHOM PERSONAL INFORMATION MAY BE DISCLOSED

Where MFS discloses personal information, it will do so only where legally permitted or required and will not disclose personal information to recipients who are not lawfully permitted to receive such personal information. MFS may share personal information as follows and solely for the purposes outlined in its Privacy Statement as alluded to above: 

  • Internally within the MFS
  • With board members (Non-Executive and Independent Non-Executive directors) 
  • With organisations such as credit bureaus, tax authorities or other regulatory or industry bodies to meet due diligence and regulatory requirements; 
  • With business partners or counterparties, where MFS may be involved in corporate transactions relating to the sale or transfer of any of its businesses; 
  • With any party to whom MFS assigns its rights under any of its agreements for products and services; and 
  • With operators (suppliers, vendors and other third parties) who provide MFS with services or to whom any functions or activities have been outsourced (including but not limited to cloud service providers) and who process personal information on MFS behalf. 

4.10 TRANS BORDER FLOWS OF PERSONAL INFORMATION

When MFS decides to transfer customer personal information to third parties in another country, it will only provide it to recipients that have data privacy policies equivalent to MFS, are subject to appropriate contractual obligations, binding corporate rules (which are intra-group policies governing privacy) or to those who are subject to laws relating to the processing of personal information that are similar to those that apply to MFS (such as PoPIA). 

Furthermore, the aforesaid will include within its scope any onward or further transfers of personal information from the recipient to any other third parties who are in a foreign country to ensure that reasonable privacy protections are implemented for these onward transfers as well, in the same manner that privacy protections have been implemented for the initial transfers. 

Where the specific situation, transaction, processing operation or business purpose sought to be achieved does not require the transfer of personal information to a third party in a foreign country, then MFS will accordingly not transfer such personal information. Any transfers to other countries will be undertaken only in compliance with MFS legal obligations and/or where MFS is lawfully permitted to transfer such personal information.

    1. 3.11.PERSONAL INFORMATION COLLECTED FROM SOURCES OTHER THAN DIRECTLY FROM THE DATA SUBJECT

Where MFS collects personal information from third parties as opposed to directly from data subjects, MFS ensures that it is lawfully permitted or obliged to do so, and will insofar as is reasonably possible, collect personal information directly from data subjects at all times.

Data subjects are entitled in terms of their privacy rights under PoPIA, to request MFS to disclose the sources from which MFS collected their personal information. Moreover, MFS will collect personal information from sources outlined in its Privacy Statement, as alluded to above. 

In addition, where MFS receives any personal information from a third party source, MFS requires that such third parties provide written confirmation of a lawful basis for disclosing such personal information to MFS.

4.12 INFORMATION SECURITY MEASURES TO PROTECT THE CONFIDENTIALITY AND INTEGRITY OF PERSONAL INFORMATION

MFS has implemented appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession and under its control, to prevent any loss of, damage to, or unauthorised destruction of personal information. The aforesaid measures include, but are not limited, to: 

  • Robust information security policies and procedures as well as incident management procedures to minimise the potential adverse consequences of any secure compromises; 
  • Data leakage prevention controls; 
  • Appropriate cryptographic protocols to secure personal information in transit and at rest; 
  • Regular information security training and awareness for all personnel; 
  • Anti-virus and anti-malware tools; 
  • Secure IT infrastructure builds; and 
  • Identity and access management policies and controls. 

MFS has due regard for and applies generally accepted information security policies and procedures for the secure processing of personal information. MFS has contractually obliged its operators who process personal information on MFS behalf, to process such personal information only with MFS knowledge or authorisation, to treat such personal information confidentially and not disclose it unless required by law or in the course of the proper performance of their duties. MFS also obliges all its operators by means of written contracts, to implement and maintain information security measures no less stringent than those maintained by MFS, in accordance with the level of risk posed to the personal information and the nature, context, purposes and scope of the processing operations.

 

5. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main grounds for MFS to refuse a request for information relates to the:

 5.1 Mandatory protection of the privacy of a third party who is a natural/juristic person, which would involve the unreasonable disclosure of personal information of that natural/juristic person;

5.2   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 interests of that third party;
  • information disclosed in confidence by a third party to MFS, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;

5.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

5.4 Mandatory protection of the safety of individuals and the protection of property;

5.5 Mandatory protection of records which would be regarded as privileged in legal proceedings;

5.6 The commercial activities of MFS, which may include –

  • trade secrets and intellectual property of MFS;
  • financial, commercial, scientific or technical information, of which disclosure could likely cause harm to the financial or commercial interests of MFS;
  • information which, if disclosed could put MFS at a disadvantage in negotiations or commercial competition;
  • any computer program which is owned or used by MFS, and which is protected by copyright;
  • the research information of MFS or a third party, if its disclosure would disclose the identity of  MFS, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

5.8 Requests for information that are clearly frivolous, vexatious, or which involve an unreasonable diversion of resources, shall be refused 

Section 23(4) (a) of the PoPIA applies the same grounds to refuse access.

 

6. REMEDIES AVAILABLE WHEN A REQUEST FOR INFORMATION IS REFUSED

6.1 INTERNAL REMEDIES

MFS has an internal appeal procedure. Requesters dissatisfied with the decision made by the Information Officer may readdress their request, motivating and providing such information for the grounds of the appeal to the Chief Executive Officer. This must reach the Chief Executive Officer within 7 days after notification of the decision by the Information Officer. 

The Chief Executive Officer will deal with the appeal in terms of Sections 7 and 8 below. This decision is final. Requesters may exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Chief Executive Officer upon an appeal.

6.2 EXTERNAL REMEDIES

A requester that is dissatisfied with the Chief Executive Officer’s refusal to disclose information in terms of the internal appeal procedure, may, within 30 days of notification of the subsequent decision, apply to a Court for relief.

Likewise, a third party dissatisfied with the Information Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief.  For purposes of PAIA, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.  

 

7. ACCESS TO RECORDS HELD BY MFS

Records held by MFS may be accessed by request only once the prerequisite requirements for access have been met. 

A requester is any person making a request for access to a record of MFS. 

Two types of requesters are recognised:

7.1 Personal requester

7.1.1 A personal requester is a requester who is seeking access to a record containing personal information about the requester.

7.1.2 MFS will voluntarily provide the requested information or give access to any record regarding the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.

7.2 Other requester

7.2.1 This requester (other than a personal requester) is entitled to request access to information on third parties. However, MFS is not obliged to voluntarily grant access.  

7.2.2. The requester must fulfil the prerequisite requirements for access in terms of PAIA, including the payment of a request and access fee.

 

8. REQUEST PROCEDURE 

8.1 The requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.

8.2 The requester must complete the prescribed form as per PAIA, and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or e-mail address as stated in Section 2 above.

8.3 In the case of an appeal the requester must resubmit the prescribed form together with the decision of the Information Officer, clearly identifying it as an appeal, together with the specific reasons for the appeal to the Chief Executive Officer at the postal or physical address, fax number or e-mail address as stated in Section 2 above.

8.4 The prescribed form must be filled in with enough particularity to at least enable MFS to identify –

  • The record or records requested;
  • The identity of the requester;
  • Which form of access is required, if the request is granted;
  • The postal address or fax number of the requester.

8.5 The requester must state that he or she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected.  In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

8.6 MFS will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with (this will not apply in the case of an appeal).

8.7 The requester shall be informed whether access is granted or denied in writing.  If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required.

8.8 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer.

8.9 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally. This oral request must thereafter be reduced to writing by the person assisting the individual who makes the request.

8.10 The requester must pay the prescribed fee, before any further processing can take place.

8.11 In the case of a request made in terms of Sections 6.1 and 8.3 above, no additional prescribed fees should accompany such appeal. 

8.12 If an Information Officer fails to give the decision on a request for access to the requester concerned within 30 days, the Information Officer is regarded as having refused the request.

 

9. FEES

9.1 The Act provides for two types of fees, namely:

9.1.1 A request fee, which will be a standard fee; and

9.1.2 An access fee, which must be calculated by considering reproduction costs, search and preparation time and cost, as well as postal/delivery costs.

9.2 When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request.

9.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangements to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

9.4 The Information Officer shall withhold a record until the requester has paid the fees as prescribed in terms of PAIA.

9.5 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 requester form.

9.6 If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer will repay the deposit to the requester.

Reproduction Fees

Where MFS has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.

Reproduction of Information Fees Fees to be Charged
Information in an A-4 size page photocopy or part thereof  R1,10
A printed copy of an A4-size page or part thereof R0,75

A copy in computer-readable format, for example: 

• Stiffy disc 

• Compact disc 

R7,50

R70,00

Reproduction of Information Fees Fees to be Charged
A transcription of visual images, in an A4-size page or part thereof R40,00
A copy of visual images  R60,00
A transcription of an audio record for an A4-size page or part thereof R20,00
A copy of an audio record  R30,00

Where a requester submits a request for access to information held by an institution on a person other than the requester themselves, a request fee in the amount of R50, 00 is payable up-front before the institution will further process the request received

Access Fees 

An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specifically excluded in terms of PAIA or an exclusion is determined by the Minister in terms of Section 54(8). The applicable access fees which will be payable are:

Access of Information Fees Fees to be Charged
Information in an A-4 size page photocopy or part thereof R1,10
A printed copy of an A4-size page or part thereof R0,75

A copy in computer-readable format, for example: 

• Stiffy disc 

• Compact disc

R7,50 

R70,00

A transcription of visual images, in an A4-size page or part thereof R40,00
A copy of visual images R60,00

A search for a record that must be disclosed 

*Per hour or part of an hour reasonably required for such search.

R30,00*
Where a copy of a record needs to be posted the actual postal fee is payable.

Deposits 

Where the institution receives a request for access to information held on a person other than the requester themselves and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee. 

Note: In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations. 

Collection Fees 

The initial “request fee” of R50,00 should be deposited into the general ledger (G/L) account and a copy of the deposit slip, application form and other correspondence/documents, forwarded to the Information Officer via fax. The officer will collect the initial “request fee” of applications received directly by the Information Officer via email. All fees collected must be deposited into the following General Ledger account : 

Account Number :
4057293228
Account Name :
MAN FINANCIAL SERVICES (SA) (RF) (PTY) LTD
Type of Account :
CHEQUE

 

10. DECISION

10.1 MFS 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.

10.2 The 30 day period within which MFS 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 held at another office of MFS (or by Absa Bank Limited or MAN) and the information cannot reasonably be obtained within the original 30 day period.

10.3 MFS will notify the requester in writing should an extension be sought.

 

11. AVAILABILITY OF THE MANUAL

The manual is available for inspection at the head office of MFS free of charge within normal business hours. 

To ensure efficient service and appropriate safety and security arrangements a requester is advised to make a specific appointment with MFS in advance. 

Prescribed Form to be completed by a Requester

FORM C 

REQUEST FOR ACCESS TO RECORDS OF PRIVATE BODY 

(Section 53(1) of the Promotion of Access to Information Act, No 2 of 2000) (Regulation 10) 

  1. PARTICULARS OF PRIVATE BODY 

The Head ______________________________________________________________________________________________________________________________________________________________________________________________________

(B) PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORD 

(a) The particulars of the person who requests access to the records must be recorded below. 

(b) Furnish an address and/or fax number in the Republic to which information must be sent. 

(c) Proof of the capacity in which the request is made, if applicable, must be attached. Full Name and Surname _________________________________________________ 

Identity Number _________________________________________________ 

Postal Address _________________________________________________ 

Telephone Number _________________________________________________ 

Fax Number _________________________________________________ 

e-Mail Address _________________________________________________ 

Capacity in which request is made, when on behalf of another person: _________________________________________________________________

(C) PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADE 

This section must be completed only if a request for information is made on behalf of another person 

Full Name and Surname _________________________________________________ 

Identity Number _________________________________________________ 

(D) PARTICULARS OF RECORD 

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. 

(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. 

THE REQUESTER MUST SIGN ALL THE ADDITIONAL FOLIOS. 

1. Description of the Record or relevant part of the record: ______________________________________________________________ ______________________________________________________________ 

2. Reference number, if available: ______________________________________________________________ 

3. Any further particulars of the record: ______________________________________________________________ ______________________________________________________________ 

(E) FEES 

(a) A request for access to a record, other than record containing personal information about yourself, will be processed only after a REQUEST FEE has been paid. 

(b) You will be notified of the amount of the request fee. 

(c) The FEE PAYABLE FOR ACCESS to a record depends on the form in which the access is required and the reasonable time required to search for and prepare a record. 

(d) If you qualify for exemption of the payment of any fee, please state the reason therefore. Reason for exemption of payment of the fee: ___________________________________________________________________ ___________________________________________________________________ 

(F) FORM OF ACCESS TO THE RECORD 

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

DISABILITY FORM IN WHICH RECORD IS REQUIRED

Mark the appropriate box with an “X” 

NOTES 

(a) Your indication as to the required form of access depends on the form in which the record is available. 

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. 

(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 

1. IF THE RECORD IS IN WRITTEN OR PRINTED FORM:
Copy of record* Inspection of record
2. IF THE RECORD CONSISTS OF VISUAL IMAGES: (This includes photographs, slides, video recordings, computer-generated images, sketches, etc.)
View the images Copy of the images* Transcription of images*
3. IF THE RECORD CONSISTS OF RECORDED WORDS OR INFORMATION WHICH CAN BE REPRODUCED IN SOUND:
Listen to the soundtrack (audio cassette) Transcription of soundtrack* (written or printed document)
4. IF THE RECORD IS HELD ON COMPUTER OR IN AN ELECTRONIC OR MACHINE-READABLE FORM:
Printed copy of record Printed copy of information derived from the record* Copy in computer read-able form* (stiffy or compact disc)
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? A POSTAL FEE IS PAYABLE. YES NO

(G) PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED 

If the provided space is inadequate, please continue a separate folio and attach it to this form.

 

Indicate which right is to be exercised or protected: ___________________________________________________________________ ___________________________________________________________________

1. Explain why the requested record is required for the exercising or protection of the aforementioned right: ______________________________________________________________ ______________________________________________________________ 

(H) NOTICE OF DECISION REGARDING REQUEST FOR ACCESS 

You will be notified in writing whether your request has been approved / denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. 

How would you prefer to be informed of the decision regarding your request for access to the record? ___________________________________________________________________ 

Signed at _____________ this__________________ day of __________ 20__ 

____________________________________ 

SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE