PAIA Manual

1.1. This Manual has been prepared in terms of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). PAIA gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which affords every person the right of access to information held by the State and to information held by another person where that information is required for the exercise or protection of any right.

1.2. PAIA places a duty on a private body, such as 80 Eight SA, to make available information that has been requested in accordance with PAIA, subject to any applicable ground of refusal set out in Chapter 4 of PAIA.

1.3. This Manual does not create any right beyond those conferred by PAIA and does not automatically entitle a requester to access any particular record. Access will be granted or refused strictly in accordance with the provisions of PAIA.

2.1. This Manual sets out the process to be followed by a person who wishes to request access to a record held by 80 Eight SA, in accordance with PAIA.

2.2. This Manual sets out the categories of records held by 80 Eight SA and describes which of those records are available without the need to lodge a formal request.

2.3. This Manual provides the relevant contact details of the Information Officer, the grounds on which a request may be refused, and the remedies available to a requester in the event of refusal.

2.4. This Manual assists members of the public to:

2.4.1. determine whether 80 Eight SA holds records relevant to the exercise or protection of a right;

2.4.2. understand how to submit a request for access to such records;

2.4.3. identify which records are automatically available without a formal PAIA request;

2.4.4. obtain the contact details of the Information Officer and Deputy Information Officer; and

2.4.5. understand the legal framework governing access to 80 Eight SA's records.

3.1. This Manual applies to 80 Eight SA (Pty) Ltd (registration number 2017/435463/07), an authorised Financial Services Provider under the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS Act”), licensed by the Financial Sector Conduct Authority (“FSCA”) under FSP No. 49010, with its registered office at 97 Central St, Houghton Estate, Johannesburg, 2198.

3.2. 80 Eight SA is an accountable institution as defined in Schedule 1 to the Financial Intelligence Centre Act 38 of 2001 (“FICA”) and is registered with the Financial Intelligence Centre (“FIC”).

3.3. Certain compliance, risk management, legal and administrative functions may be performed centrally, or with the assistance of shared service providers, on behalf of 80 Eight SA. This does not alter 80 Eight SA's responsibility, as the relevant private body, for records held by or on its behalf under PAIA.

4.1. The Information Officer is responsible for the administration of, and compliance with, PAIA and the Protection of Personal Information Act 4 of 2013 (“POPIA”) on behalf of 80 Eight SA. The Deputy Information Officer assists the Information Officer and may act in that capacity in the Information Officer's absence.

4.2. Both the Information Officer and Deputy Information Officer are registered with the Information Regulator in accordance with section 55 of POPIA.

5.1. The Information Regulator of South Africa has, in terms of section 10(1) of PAIA, compiled a guide containing the information a person needs in order to exercise their rights under PAIA. The guide explains, among other things, the objectives of PAIA, the manner and form of a request for access to a record, the assistance available to requesters, the remedies available in the event of refusal, and the procedure for lodging a complaint with the Information Regulator.

5.2. The guide may be obtained from the Information Regulator's website or offices. Any queries relating to the guide itself should be directed to the Information Regulator.

5.3. A copy of this Manual is available from 80 Eight SA during normal business hours and, where applicable, on 80 Eight SA's website.

6.1. 80 Eight SA makes certain records available to the public without the need for a formal PAIA request, including through its website and Help Centre. These include, but are not limited to:

6.2. The publication of information on 80 Eight SA's website or other public platforms does not constitute a waiver of any right under PAIA, a formal notice in terms of section 52(2) of PAIA, or an undertaking that all records held by 80 Eight SA are automatically available.

7.1. 80 Eight SA maintains certain records under legislation other than PAIA. Access to those records is subject to the provisions and limitations of that legislation and does not automatically entitle a requester to access under PAIA. This includes, but is not limited to, the following:

8.1. This section describes the categories of data subjects in respect of whom 80 Eight SA processes personal information, and the nature of the personal information processed. The inclusion of a category below does not mean that access to related records will automatically be granted; a request remains subject to the grounds of refusal in Chapter 4 of PAIA.

9.1. 80 Eight SA is committed to safeguarding personal information through appropriate organisational, physical and technical measures, in accordance with POPIA and 80 Eight SA's Privacy Policy.

9.2. Where 80 Eight SA transfers or processes personal information outside the Republic of South Africa – including where this is necessary for its business operations, the use of cloud-based systems, or engagement with third-party service providers - 80 Eight SA will ensure that appropriate safeguards and contractual protections are in place in accordance with section 72 of POPIA.

10.1. This Manual is available, free of charge, for inspection on 80 Eight SA's website and at its registered office during normal business hours, by prior appointment.

10.2. A copy of this Manual will be provided to any person on request, subject to payment of the prescribed reproduction fee, if applicable.

10.3. Private bodies are not required to submit their PAIA manual to the Information Regulator for approval, but the Information Regulator may request a copy at any time, which 80 Eight SA will provide.

11.1. Fees are determined in accordance with the PAIA Regulations, 2021, as amended from time to time. A requester (other than a person requesting access to their own personal information) may be required to pay the prescribed request fee before a request is processed. The current fee schedule is available from the Information Officer on request, or from the Information Regulator's website .Where the search for, preparation of, or reproduction of a record will exceed the prescribed time, the Information Officer may require payment of a prescribed deposit before continuing to process the request.

11.2. If access is granted, the requester must pay the prescribed access fee for reproduction, search and preparation, and any time reasonably required in excess of the prescribed hours.

11.3. 80 Eight SA may withhold release of a record until all applicable fees or deposits have been paid. Where a deposit has been paid and the request is subsequently refused, the deposit will be refunded.

12.1. The right of access to information may be limited to the extent that such limitation is reasonable and justifiable in an open and democratic society. 80 Eight SA may accordingly refuse a request for access in the circumstances set out in Chapter 4 of PAIA.

12.2. Access must be refused where, among other grounds:

12.2.1. disclosure would involve the unreasonable disclosure of personal information of a third party;

12.2.2. disclosure would breach a duty of confidence owed to a third party under an agreement or applicable law;

12.2.3. the record is privileged from production in legal proceedings, including legal advice privilege;

12.2.4. disclosure could reasonably be expected to endanger the life or physical safety of an individual, or prejudice the security of property, systems or operational infrastructure; or

12.2.5. the record contains research information, the disclosure of which could reasonably be expected to cause serious disadvantage to the researcher or the subject matter of the research.

12.3. Access may be refused where the record contains, among other things:

12.3.1. trade secrets, or financial, commercial, scientific or technical information, the disclosure of which would cause harm to 80 Eight SA or a third party;

12.3.2. information supplied in confidence by a third party, the disclosure of which could place that party at a disadvantage in negotiations or commercial competition;

12.3.3. information the disclosure of which could place 80 Eight SA at a disadvantage in contractual negotiations or commercial competition; or

12.3.4. proprietary software, algorithms, source code or related documentation protected under the Copyright Act 98 of 1978.

12.4. A request which is manifestly frivolous or vexatious, or which would involve a substantial and unreasonable diversion of 80 Eight SA's resources, may also be refused.

12.5. Where a record contains information that may lawfully be disclosed together with information subject to a ground of refusal, the Information Officer will consider whether the remainder of the record may be disclosed with the protected information redacted.

13.1. A requester must submit the prescribed Request for Access to Record form to the Information Officer using the contact details in section 4, and pay the required request fee. The form is available on request from the Information Officer.

13.2. The requester must provide sufficient detail to enable the Information Officer to identify the record(s) requested, the identity of the requester, the form of access required, the requester's contact details, the right being exercised or protected in terms of section 50 of PAIA, and an explanation of why the record is required for that purpose.

13.3. Failure to establish the section 50 threshold may result in refusal. The Information Officer will notify the requester in writing of the decision within 30 (thirty) days of receipt of the request.

13.4. Where a request is made on behalf of another person, the requester must provide proof of authority to act in that capacity, to the Information Officer's reasonable satisfaction.

13.5. Where a request concerns personal information of a third party, 80 Eight SA will, where required, notify that third party and afford them an opportunity to consent to disclosure. If consent is refused and no lawful basis for disclosure exists, the request will be refused.

13.6. The Information Officer's written notice of a refusal will include adequate reasons for the refusal and information on the remedies available to the requester.

13.7. The 30-day period may be extended by a further period not exceeding 30 (thirty) days where the request is for a large number of records or requires a search that cannot reasonably be completed within the original period. The requester will be notified in writing of any extension and the reasons for it.

13.8. A requester unable to complete the prescribed form due to illiteracy, disability or other reasonable cause may make an oral request to the Information Officer, who will reduce it to writing and provide the requester with a copy.

14.1. The inclusion of a record in this Manual does not automatically entitle a requester to access it. Each request is considered on a case-by-case basis in accordance with PAIA.

14.2. A requester will only be granted access to a record if the requirements of section 50 of PAIA are satisfied, the prescribed procedure has been followed, and no lawful ground of refusal under Chapter 4 of PAIA applies.

15.1. 80 Eight SA is a private body for the purposes of PAIA and does not operate an internal appeal procedure in respect of its own decisions.

15.2. A requester or affected third party dissatisfied with a decision of 80 Eight SA may lodge a complaint with the Information Regulator, using the prescribed Form 5, in accordance with PAIA.

15.3. A requester or affected third party dissatisfied with 80 Eight SA's decision may apply to a competent court for appropriate relief, within the time periods prescribed by PAIA.

80 Eight SA reserves the right to amend, update or revise this Manual from time to time. Any updated version will be published on 80 Eight SA's website and will take effect from the date of publication.