Legal Information
This page (together with the documents referred to on it) advises of the terms of use on which you may make use of our websites, www.royalfinance.co.za and www.rfloans.co.za ("Websites"), whether as a guest or a registered user. Please read these Terms & Conditions of Website Use carefully before using the Website. By using our Websites, you agree to and accept these Terms & Conditions of Website Use and will abide by them. If you disagree with these Terms & Conditions of Website Use, please refrain from using our Websites.
1. INTRODUCTION
The entities associated with Royal Finance Holdings (Pty) Ltd primarily provide microfinance to the general public. Each entity is duly registered and incorporated in accordance with the company laws of the Republic of South Africa, is a registered credit provider with the National Credit Regulator, and is an Accountable Institution regulated by the FIC. For more information on the different entities, please refer to our Legal Entity Information page (on the 4th tab above).
2. INFORMATION ABOUT US
www.royalfinance.co.za and www.rfloans.co.za are sites operated and owned by Royal Finance Holdings (Pty) Ltd, with its registered head office at Unit 2, Villa Bois Office Park, 920 Jacques Street, Moreleta Park, Pretoria. All information regarding microfinance branches managed by Royal Finance Holdings (Pty) Ltd can be found on our Contact Us page.
3. ACCESSING OUR WEBSITE
3.1 Access to our Websites is permitted on a temporary basis, and we reserve the right to amend the information or withdraw the services we provide on our Websites without notice (see below). We will not be liable if, for any reason, our Websites are unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to our Websites. You are also responsible for ensuring that all persons who access our Websites through your internet connection are aware of these terms and that they comply with them.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Royal Finance Holdings (Pty) Ltd owns all intellectual property rights contained in these Websites. You agree to use these Websites for the intended purpose and not to abuse or infringe any of Royal Finance Holdings’ intellectual property rights.
4.2. Copyright and trademark rights may exist in some or all of the content contained on our Websites.
4.3. Unauthorized use, reproduction, dissemination, copying, modification and/or distribution is strictly prohibited and constitutes an infringement of Royal Finance Holdings’ intellectual property rights.
4.4. The content contained on these websites is solely for your personal use and not commercial use.
5. RELIANCE ON INFORMATION POSTED & CONTENT OF THE WEBSITES
5.1 Commentary and other materials posted on our Websites are not intended to offer advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites or by anyone who may be informed of any of its contents.
5.2 Royal Finance Holdings makes every effort to update the information provided on the Websites regularly. However, it makes no representation or warranties, whether express or implied, to the extent permitted by law, as to the accuracy, completeness, or reliability of any information, data, and/or content on the website.
5.3 Royal Finance Holdings has the complete discretion to amend these terms and conditions from time to time, and the updated terms and conditions will be made available on the Websites.
5.4 Royal Finance Holdings encourages users to report any untrue, inaccurate, defamatory, illegal, infringing and/or harmful content contained on the Websites. Upon receipt of reasonable proof from a user of the alleged nature of the content, Royal Finance Holdings undertakes to correct and/or remove such content.
6. USE OF WEBSITES & PROHIBITED USES
6.1 The use of these Websites is solely for purposes of a) information sharing; b) to apply for a vacancy; c) to apply for a loan using the online application form. By completing and using the online application form, you accept our Online Credit Policy on the 3rd tab above.
6.2 The use of this Website and the content contained herein, is provided as is, and although Royal Finance Holdings endeavours to provide accurate information, it cannot provide any guarantees in this regard.
6.3 The terms and conditions set out herein are binding and legally enforceable against any person who accesses or uses these Websites.
6.4 By using these Websites, you acknowledge that you have read and understood these terms and conditions and agree to be bound by same.
6.5 We reserve our right to restrict your use and access to our websites or part thereof in the event of any unauthorized use.
6.6 Users may use the Websites only for lawful purposes. Users may not use our Websites
· in any way that breaches any applicable law or regulations;
· in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
· for the purpose of harming or attempting to harm any individual in any way;
· to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Users also agree:
· not to reproduce, duplicate, copy or re-sell any part of our Websites in contravention of any of the provisions in these Terms & Conditions of Website Use;
· not to access without authority, interfere with, damage or disrupt:
· any part of our Websites;
· any equipment or network on which our Websites are stored;
· any software used in the provision of our Websites; or
· any equipment or network or software owned or used by any third party.
7. LINKS FROM OUR WEBSITES & THIRD-PARTY CONTENT
7.1 Where our Websites contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Websites. Royal Finance Holdings has not reviewed these third-party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.2 Royal Finance Holdings does not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Websites, you do this entirely at your own risk.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
Royal Finance Holdings processes information about you in accordance with the current legislation applicable to us and set out in our Privacy Policy available on the 2nd tab above. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.
9. COMPLAINTS & ALTERNATIVE DISPUTE RESOLUTION
9.1 Should the user want to lodge any complaint, please refer such complaint to mariette@royalfinance.co.za
9.2 Any dispute between the parties arising in relation to Royal Finance Holdings’ agreement with the user, shall to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by Royal Finance Holdings applying the rules of the Arbitration Foundation of South Africa.
10. LINKING AND FRAMING
10.1 The user may link to Royal Finance Holdings’ home page, provided it’s done in a way that is fair and legal and does not damage our reputation or take advantage of it, but the user must not establish a link in such a way as to suggest any form of association, approval or endorsement on Royal Finance Holdings’ part where none exists.
10.2 The user must not establish a link from any website that is not owned by the user.
10.3 Royal Finance’s Websites must not be framed on any other Website, nor may the user create a link to any part of the Websites other than the home page.
10.4 Royal Finance reserves the right to withdraw linking permission without notice.
10.5 If the user wishes to make any use of material on our Website other than that set out above, please address your request to mariette@royalfinance.co.za
11. LIMITATION OF LIABILITY
11.1 The use of Royal Finance Holdings’ Websites are done entirely at the user’s own risk.
11.2 Royal Finance Holdings does not guarantee that the functions provided by the Websites will be uninterrupted or error free, or that the Website or the server that makes it available is free from viruses or other harmful components.
11.3 Royal Finance Holdings will not be held liable for any loss or damage sustained by the user, or a third party, arising out of the access or use of the Websites, or reliance on any information contained therein.
12. JURISDICTION
These terms & conditions are governed by and construed in accordance with the law of the Republic of South Africa, irrespective of the user residing in South Africa or accessing the Websites outside of the Republic of South Africa.
13. GENERAL
13.1 These Terms & Conditions of Website Use record the entire agreement between the user and Royal Finance Holdings in respect of the user’s access, browsing and use of the Websites.
13.2 Royal Finance Holdings may revise these Terms of Website Use at any time by amending this page. The user is expected to check this page from time to time to take notice of any changes effected to the Websites, as same are binding on the user.
13.3 Some of the provisions contained in these Terms & Conditions of Website Use may also be superseded by provisions or notices published elsewhere on our Websites.
14. TERMS & CONDITIONS IN RESPECT OF CREDIT AGREEMENTS
All terms & conditions relating to the application for credit or credit agreements are contained in the pre-agreement statement and quotation and credit agreement.
Thank you for visiting our Websites.
1. INTRODUCTION
Royal Finance Holdings (Pty) Ltd is the managing company of several microfinance entities which are all registered credit providers and accountable institutions, whose primary business is providing microfinance to the general public. For more information on the different entities, please refer to the “Legal Entity Information” section which can be found on the 4th tab above.
Royal Finance Holdings is committed to sound business practices in compliance with all the relevant legislation, which for purposes of this Privacy Policy, includes the Protection of Personal Information Act 4 of 2013 (“POPIA”) read with the Consumer Protection Act 68 of 2008, The National Credit Act 34 of 2005 and the Constitution of the Republic of South Africa.
2. PURPOSE, SCOPE & OBJECTIVES
2.1 The policy sets out the manner in which personal information of consumers, utilizing Royal Finance Holdings’ Website for purposes of applying for credit, is collected, managed, stored, used and protected by Royal Finance Holdings.
2.2 The objectives are to:
2.2.1 process personal information responsibly and lawfully in terms of the provisions of POPIA;
2.2.2 provide a guideline as to the manner in which Royal Finance Holdings processes and protects personal information;
2.2.3 adopt good practices in terms of processing of personal information;
2.2.4 display the commitment of Royal Finance Holdings to uphold and respect information privacy.
3. DEFINITIONS
“consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.
“data subject” means the person to whom the personal information relates.
“personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
· information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
· information relating to the education or the medical, financial, criminal or employment history of the person
· any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
· the biometric information of the person;
· the personal opinions, views or preferences of the person;
· correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
· the views or opinions of another individual about the person; and
· the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
“processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-
· the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use
· dissemination by means of transmission, distribution or making available in any other form; or
· merging, linking, as well as restriction, degradation, erasure or destruction of information.
“responsible party” means a public or private body or any other person, which alone or in conjunction with others, determines the purpose of and means for processing personal information.
4. TYPE OF INFORMATION PROCESSED
Royal Finance Holdings or any of its associated entities may collect and process the following types of information during the credit application process and granting of credit:
· Biometric Fingerprint Information
· Bank statements
· Payslips
· Name and surname
· Household Expenses
· Identity number (including date of birth)
· Nationality
· Gender
· Marital status
· Home owner status
· Race
· Contact details, including email address, telephone numbers, physical address
· Name, surname, contact details and relationship of client’s next of kin
· Credit report
· Employment information
· Client payment reports
· Bank Account Details, including status and last deposit date
· Number of Dependents
5. LAWFUL PROCESSING OF PERSONAL INFORMATION
The conditions for the lawful processing of personal information by any responsible party i.e. Royal Finance Holdings or any of its associated entities, as prescribed by the provisions of POPIA, are set out herein below. Royal Finance Holdings undertakes to comply with these conditions when processing personal information:
5.1 Accountability
Royal Finance Holdings will ensure that the conditions set out hereunder are given effect to and complied with at the time of processing of personal information. Royal Finance Holdings will remain accountable and takes responsibility for personal information in its possession and processed by it.
5.2 Processing limitation
5.2.1 Royal Finance Holdings undertakes to process personal information:
·
o lawfully; and
·
o in a reasonable manner that does not infringe the privacy of the data subject.
5.2.2 Personal information will only be processed if, given the purpose for which it is processed, it is in a manner that is adequate, relevant and not excessive.
5.2.3 Personal information will only be processed if
· the data subject or a competent person, where the data subject is a child, consents thereto. The responsible party bears the burden of proof for the data subject’s or competent person’s consent. The consent may be withdrawn at any time, provided that the lawfulness of processing personal information prior such withdrawal will not be affected
· processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party;
· processing protects a legitimate interest of the data subject;
· processing is necessary for the proper performance of a public law duty by a public body; or
· processing is necessary for pursuing the legitimate interests of the responsible party of a third party to whom the information is supplied.
5.2.4 Personal information will be collected directly from the data subject, unless:
· the information is contained in or derived from a public record or has deliberately been made public by the data subject;
· the data subject is a competent person, where the data subject is a child, has consented to the collection of the information from another source;
· collection of the information from another source would not prejudice a legitimate interest of the data subject;
· collection of the information from another source is necessary;
· to avoid prejudice to the maintenance of the law by any public body;
· to comply with an obligation imposed by law or to enforce legislation;
· for the conduct of proceedings, in any court or tribunal, that have commenced or are reasonably contemplated;
· in the interest of national security; or
· to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied;
· compliance would prejudice a lawful purpose of the collection; or
· compliance is not reasonably practicable in the circumstances of the particular case.
5.3 Purpose specification
5.3.1 Royal Finance Holdings will collect the personal information for the following and related purposes:
· Application for credit
· Conducting an Affordability Assessment
· Obtaining a credit bureau report
· Fraud check
· Pre-agreement statement & quotation & credit agreements
· Debt collection
· Marketing if consent was obtained
· Compliance with legislation
5.3.2 Once personal information, processed and stored by Royal Finance Holdings, has reached its expiry date or becomes in any way redundant, Royal Finance Holdings will destroy or delete the record of personal information in a manner that prevents its reconstruction in an intelligible form.
5.3.3 Royal Finance Holdings will restrict the processing of personal information if:
· the accuracy is contested by the data subject, for a period to enable the verifying of the personal information;
· the personal information is no longer needed for the purpose for which it was collected and processed, but maintained for purposes of proof;
· the processing is unlawful and the data subject opposes its destruction, but requests the restriction of its use instead; o
· data subject requests the transmission of personal data into another automated processing system.
5.4 Further processing limitation
Any further processing of personal information carried out by Royal Finance Holdings will be done in accordance or compatible with the purpose for which it was initially collected.
5.5 Information quality
Royal Finance Holdings will take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary.
5.6 Openness
5.6.1 Royal Finance Holdings will maintain the documentation of all processing operations under its responsibility.
5.6.2 When personal information is collected, Royal Finance Holdings will take reasonably practicable steps to make the data subject aware of:
· the information being collected or the source from which the information is collected;
· the name and address of the responsible party;
· the purpose for which the information is being collected;
· whether or not the supply of the information by that data subject is voluntary or mandatory;
· the consequences of failure to provide the information;
· any particular law authorizing or requiring the collection of the information;
· the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organization and the level of protection afforded of the information by that third country or international organization;
· any further relevant information.
5.7 Security safeguards
5.7.1 Royal Finance Holdings undertakes to secure the integrity and confidentiality of personal information in its possession or under its control. This is done by taking appropriate, reasonable technical and organisation measures to prevent loss of, damage to or unauthorised destruction of personal information; and unlawful access to or processing of personal information.
5.7.2 The following safeguards has been put in place by Royal Finance to secure the integrity and confidentiality of personal information:
· Physical access security to the building like a locked premises with safety bars. Premises is linked to a security company.
· Password protection on Loan Management systems
· Password protection on all computer logins
· Anti-virus programs on all computers, which are tested and updated monthly
· Firewalls
· External hard drive for backup purposes
5.7.3 Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, Royal Finance Holdings will notify, as soon as possible after the discovery of the compromise:
· the Information Regulator; and
· the data subject, unless the identity of such data subject cannot be established.
5.7.4 Royal Finance Holdings will notify the data subject in writing of the unauthorized access to or acquiring of its personal information and provide sufficient information to the data subject in order to take protective measures against the potential consequences of the compromise.
5.8 Data subject participation
Any queries or concerns regarding this Privacy Policy, your information held, corrections or deletion of personal information or updating personal information, please contact us on mariette@royalfinance.co.za
6. COLLECTION OF INFORMATION
Royal Finance Holdings collects personal information in the following manners:
- Credit Applications
- Credit bureaus
- Voluntary disclosure by data subject
- Website
- Telephonically
This policy governs the online credit application process for Royal Finance Holdings. Royal Finance Holdings is the management company of several microfinance entities which are all registered credit providers and accountable institutions, whose primary business is providing microfinance to the general public of South Africa. For more information on the different entities, please refer to the “Legal Entity Information” tab above.
After completing the application form together with your personal and bank account information, the system will send an email with all of your details to the branch where you are registered with or the branch of your choosing in the application form.
By continuing with the online credit application, you confirm that you have read and understood the Terms & Conditions of the Website Use (available on 1st tab above) and you consent to Royal Finance Holdings or any of its associated microfinance entities in collecting your personal information and processing same in accordance with its Privacy Policy (available on 2nd tab above) for purposes of granting credit.
CREDIT RECORD CONSENT
You also agree and consent to the following:
I (the applicant with information as supplied during the application process) agree to the branch of my choosing with legal entity information as on the 4th tab above.
Receiving, compiling and retaining any confidential credit information about me for purposes of (i) assisting you to
· perform your statutory assessment of my creditworthiness, (ii) deciding whether to grant credit to me and (iii)
· monitoring my credit profile, should you grant me credit;
· Filing my consumer credit information with any other credit provider and a registered credit bureau, including Compuscan Holdings (Pty) Ltd, Experian Limited, TransUnion ITC and the National Loans Register;
· Sharing my consumer credit information with any tracing agent or collection company in the event of me defaulting in my credit repayment obligations to you
I further hereby consent to a Credit Bureau:
· Providing you with a credit report which you may rely on (i) to assess my creditworthiness and (ii) to base your decision whether to grant credit to me;
· Accepting the filing of my consumer credit information from any credit provider;
· Issuing a report to any person who requires it for a lawful purpose.
My Agreement to these terms and conditions signifies my consent as aforesaid and my agreement to hold you and any credit bureau and other credit provider to whom you may provide my consumer credit information in terms of my aforesaid consent harmless against any and all liability, loss, claim, demand, cost, fees and expenses arising out of or from or in connection with my aforesaid consent.
INFORMATION NEEDED FOR APPLICATION PROCESS
In order for the branch to process your application you will be required to provide the following (either via the website application process or through telephonic contact with a loan officer during the process):
- Your South African ID number, full names, surname, personal phone numbers, HR telephone number, and your employee number at HR Department (if applicable)
- A photo of yourself
- Upload copies of your ID, salary slip, three latest bank statements and proof of residence
- Banking Details
- Your Feza card details (if you already have one)
- Employment details
- Address, marital status and number of dependants
- Details of your next of kin
- Details of loan that you are applying for (loan amount, repayment frequency, loan term)
IMMEDITAE DECLINE REASONS
Your credit application will be declined immediately if the following appear on your credit report:
- Under Administration
- Insolvent
- More than three judgments noted against your name
- Debt Review Application / Under Debt Counselling
- High Risk
Your credit application will be declined immediately if the following appear on your Bank Statement:
- Inactive or Closed Status
- Last Deposit Date more than a month ago
You will also be immediately declined should you be
- A Non-SA Citizen
- Self Employed
- Employment details are seen as a too big a risk in current economic environment.
- We suspect fraud in any way
In the event that your application is immediately declined for one of these reasons, we will contact you on the telephone number used for the application to let you know that you do not qualify for the loan.
AFFORDABILITY CHECK
Should your application not be declined as above, we will take the following information into consideration to perform an Affordability Check in line with the Affordability Guidelines provided by the National Credit Regulator:
- Loan amount required, number of instalments, first next salary date and first instalment date
- Gross salary
- Monthly Living Expenses
- Existing debt obligations – will be cross referenced with the information appearing on your credit report
Based on the information provided above, the branch where you have applied will perform an affordability calculation and one of three eventualities can occur:
- You do not qualify for the loan amount requested, but you are pre-approved for a lesser amount or the loan amount requested over a longer repayment period – we will then contact you on the telephone number used for the application to ask if you will be interested in the lesser amount or longer payment period. If you accept, we will start with the steps required to conclude the loan.
- You are pre-approved for the loan amount and repayment period requested – we will contact you on the telephone number used for the application and we will start with the steps required to conclude the loan.
- Your credit application will be declined if it appears from the calculation that you cannot afford the loan in accordance with the Affordability Assessment Regulations and any Affordability guidelines that may be issued by the National Credit Regulator. We will contact you on the telephone number used for the application to let you know that you do not qualify for the loan.
PROCESSING OF APPLICATION
On receipt of the documents and further information, your application will be processed by the branch of your choice. The branch will process the credit application in accordance with its own internal criteria and approve and pay out the loan to you at the branch or electronically, whatever the best suited for the situation.
IMPORTANT NOTE : Any pre-approved loan can be refused by the branch at any stage as a result of a poor affordability assessment and failure to meet the branch’s specific criteria.
The branches trading as Royal Finance and being managed by Royal Finance Holdings (Pty) Ltd, with their legal entity information, are:
- Bloemfontein, Clocolan, Kroonstad, Marquard, Klerksdorp, Orkney | TFS8 (Pty) Ltd | NCRCP971
- Bethlehem, Bronkhorstspruit, Kwamhlanga, Oudtshoorn | Gemsbok Finansiële Dienste (Pty) Ltd | NCRCP1026
- Hennenman, Virginia | Bashasha Financial Services (Pty) Ltd | NCRCP1250
- Kimberley | J.L Financial Services (Pty) Ltd | NCRCP1526
- Middelburg | Step by Step Financial Service (Pty) Ltd | NCRCP5655
- Welkom, Bothaville | Lourick Financial Services (Pty) Ltd | NCRCP10384
Other branches managed by Royal Finance Holdings, but not trading as Royal Finance are:
- Worcester, Rawsonville, Robertson | Avok Financial Services (Pty) Ltd | NCRCP4756
- Upington, Kathu, Kakamas | Gemsbok Finansiële Dienste (Pty) Ltd | NCRCP1026
Royal Finance Holdings’ business language is English, and all customers will be provided with documentation, per standard, in the English language.
PRE-AGREEMENT STATEMENT AND QUOTATION
The pre-agreement statement and quotation will be translated and will be made available on request, as supplemental, in Tswana, Sotho, Zulu, Afrikaans, Xhosa, or Ndebele. Customers will in all cases be provided with English documentation, together with the requested supplemental document.
CREDIT AGREEMENT
The credit agreement will be available in English for final signature. A translated version of the document will be made available on request by the customer for perusal of all information in Tswana, Sotho, Zulu, Afrikaans, Xhosa, or Ndebele.
ENFORCEMENT NOTICES
Enforcement notices will be available in English as the official legislative document with either the Tswana, Sotho, Zulu, Afrikaans, Xhosa, or Ndebele translations on the back of the enforcement notice. These will then be submitted to the legal process.
This policy governs the online credit application process for small business loans at Royal Finance Holdings or any of the microfinance entities it managed by us. Each microfinance entity managed by Royal Finance Holdings is a registered credit provider who receives applications for microfinance credit to enterprises and traders in South Africa.
After completing the application form and your personal and business information, the system will allocate all your details to one of the branches managed by Royal Finance Holdings to assess your credit application. The legal entity details of the various branches which may process your application are available here: http://www.royalfinance.co.za/legalstuff under the “Legal Entities”.
By continuing with the online credit application, you confirm that you have read and understood the Terms and Conditions of the Website Use (available above on tab?). You consent to Royal Finance collecting your personal information and processing same by its Privacy Policy (public above) for purposes of granting credit.
Credit Record Consent
You also agree and consent to the following:
I (the applicant with the information I supplied during the application process) agrees that one of the microfinance entities managed by Royal Finance Holdings branches can:
· receive, compile, and retain any confidential credit information about me for purposes of assisting you to:
- perform your statutory assessment of my creditworthiness
- deciding whether to grant credit to me
- monitoring my credit profile, should you give me credit
- file my consumer credit information with any other credit provider and a registered credit bureau, including Compuscan Holdings (Pty) Ltd, Experian Limited, VeriCRED, TransUnion ITC, and the National Loans Register;
- sharing my consumer credit information with any tracing agent or collection company in the event of me defaulting in my credit repayment obligations to you
I further hereby also give my consent to a Credit Bureau providing you with a credit report which you may rely on:
· to assess my creditworthiness
· to base your decision on whether to grant credit to me
· accept the filing of my consumer credit information from any credit provider
· issue a report to any person who requires it for any lawful purpose
My agreement to these Terms and Conditions signifies my consent as aforesaid, and my agreement to hold you and any credit bureau and another credit provider to whom you may provide my consumer credit information in terms of my consent above, harmless against any liability, loss, claim, demand, cost, fees and expenses arising out of, or from, or in connection with, my consent above.
Information needed for application process
For the branch (as part of the entities managed by Royal Finance Holdings, available here: http://www.royalfinance.co.za/legalstuff ) to process your application, you will be required to provide the following (either via the Website application process or through telephonic contact with a loan officer during the process):
- Personal information
- Contact information
- Business information
- References information
- Loan information
- Personal expenses
- Business expenses
- Individual images and documentation
- Business images and documentation
Affordability Check
Should you successfully comply with/meet all the above criteria, we will consider the following information to perform an Affordability Check in line with the Affordability Guidelines provided by the National Credit Regulator:
- Loan amount required, number of instalments, first next business income date and first instalment date
- Gross business income
- Monthly living expenses
- Monthly business expenses
- Existing debt obligations (will be cross-referenced with the information appearing on your credit report)
Based on the information provided above, your chosen branch will perform an affordability calculation, and one of three eventualities can occur:
- You do not qualify for the loan amount requested, but you are pre-approved for a lesser amount, or the loan amount requested over a longer repayment period - we will then contact you on the telephone number used for the application to ask if you will be interested in the lesser amount or longer payment period. If you accept, we will start with the steps required to conclude the loan.
- You are pre-approved for the loan amount and repayment period requested - we will contact you on the telephone number used for the application and we will start with the steps required to conclude the loan.
- Your credit application will be declined if it appears from the calculation that you cannot afford the loan in accordance with the Affordability Assessment Regulations and any Affordability guidelines that may be issued by the National Credit Regulator. We will contact you on the telephone number used for the application to let you know that you do not qualify for the loan.
Processing of application
Please take note of the following:
· The whole initial application process will take place on Royal Finance Holdings’ web application form.
· Should your application be successful, and we proceed with the rest of the process you will however be referred to a Royal Finance branch, who will facilitate the rest of the loan process.
· Please see our Terms and Conditions at: http://royalfinance.co.za/legalstuff
· IMPORTANT NOTE: Any pre-approved loan can be refused by the branch at any stage as a result of a poor affordability assessment and failure to meet the set criteria.
Loan application process
The application process will consist of the following steps in the below sequence:
- The applicant will complete the Online Application via a link
- The application process consists of three main divisions:
- Personal info
- Business info
- Loan info
- Royal Finance Holdings will assign the application to a relevant branch, and the branch will:
- Ascertain if the applicant meets minimum requirements
- Conduct alternative data scoring (applicants’ creditworthiness)
- Ask the applicant for mandatory and supplementary documents
- Verify the applicant’s mandatory and supporting documents
- Draw a credit check and compile an affordability check
- Verify all information obtained and conduct a final affordability check
- Ask for references info and call the applicant’s references
- Conclude the contract with the applicant
- Make a direct payment to the applicant’s supplier of stock or asset
- The supplier will supply the branch with proof of delivery to the applicant
- The applicant must provide the branch with proof of receipt of the stock or asset
PAIA MANUAL
Royal Finance Holdings (Pty) Ltd
Prepared in terms of section 51 of the Promotion of Access to Information Act,
2 of 2000 (as amended)
DATE: 1/10/2023
DATE OF NEXT REVISION: 29/09/2024
TABLE OF CONTENTS
1. LIST OF ACRONYMS AND ABBREVIATIONS.
2. PURPOSE OF PAIA MANUAL.
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE ROYAL FINANCE HOLDINGS.
4. KEY CONTACT DETAILS OF THE INFORMATION REGULATOR.
5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE.
6. REASONS FOR ACCESS REFUSAL.
7. CATEGORIES OF RECORDS OF THE ROYAL FINANCE HOLDINGS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS.
8. DESCRIPTION OF THE RECORDS OF THE ROYAL FINANCE HOLDINGS WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION.
9. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY ROYAL FINANCE HOLDINGS.
10. PROCESSING OF PERSONAL INFORMATION.
11. INFORMATION WE HOLD TO COMPLY WITH THE LAW.
12. HOW MUCH WILL IT COST YOU?.
13. AVAILABILITY OF THE MANUAL.
14. UPDATING OF THE MANUAL.
ANNEXURE A - FORM 2 - REQUEST FOR ACCESS TO RECORD.
ANNEXURE B - FEES SCHEDULE.
1. LIST OF ACRONYMS AND ABBREVIATIONS
1.1 “CEO” Chief Executive Officer
1.2 “IO“ - Information Officer
1.3 “Minister” - Minister of Justice and Correctional Services
1.4 “PAIA” - Promotion of Access to Information Act, 2 of 2000
and regulations as amended.
1.5 “POPIA” - Protection of Personal Information Act, 4 of 2013
and regulations as amended.
1.6 “Regulator” - Information Regulator
1.7 “Republic” - Republic of South Africa
1.8 “Royal Finance Holdings”
2. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to :-
2.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
2.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
2.3 know the description of the records of the body which are available in accordance with any other legislation;
2.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
2.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
2.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8 know the recipients or categories of recipients to whom the personal information may be supplied;
2.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is processed.
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF ROYAL FINANCE HOLDINGS (PTY) LTD
3.1. Information Officer
- Name and Surname: Mariëtte Ischner
- Telephone number: 012 880 4070
- Email: mariette@royalfinance.co.za
3.2. Deputy Information Officer
- Name and Surname: Carien van Eeden
- Telephone number: 012 880 4070
- Email: carien@royalfinance.co.za
3.3 General contact details for Access to Information
- Email: carien@royalfinance.co.za
3.4 Head Office
- Postal Address: 920 De Villebois Mareuil Dr. Drive, Office Park, Building 2, Ground Floor, Moreleta Park, Pretoria, 0044
- Physical Address: 920 De Villebois Mareuil Dr. Drive, Office Park, Building 2, Ground Floor, Moreleta Park, Pretoria, 0044
- Telephone: 012 880 4070
- Email: carien@royalfinance.co.za
- Website: www.royalfinance.co.za
4. KEY CONTACT DETAILS OF THE INFORMATION REGULATOR
4.1 Information Regulator
The Information Regulator has taken over the function to regulate PAIA from the South African Human Rights Commission from the 30th of June 2021. The Information Regulator also regulates POPIA.
Contact details of the Information Regulator :-
Postal Address: PO Box 3153, Braamfontein, Johannesburg, 2017
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Telephone: 010 023 5200
Email: enquiries@inforegulator.org.za
Website: https://www.inforegulator.org.za
5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
5.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
5.2. The Guide is available in each of the official languages and in braille.
5.3. The aforesaid Guide contains the description of-
5.3.1. The objects of PAIA and POPIA;
5.3.2. Access to the postal and street address, phone and fax number and, if available, electronic mail address of :-
5.3.2.1. The Information Officer of every public body, and
5.3.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];
5.3.3. The manner and form of a request for-
5.3.3.1. access to a record of a public body contemplated in section 11[3]; and
5.3.3.2. access to a record of a private body contemplated in section 50[4];
5.3.4. The assistance available from the IO of a public body in terms of PAIA and POPIA;
5.3.5. The assistance available from the Regulator in terms of PAIA and POPIA;
5.3.6. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
5.3.6.1. an internal appeal;
5.3.6.2. a complaint to the Regulator; and
5.3.6.3. an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
5.3.7. The provisions of sections 14[5] and 51[6] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
5.3.8. The provisions of sections 15[7] and 52[8] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
5.3.9. The notices issued in terms of sections 22[9] and 54[10] regarding fees to be paid in relation to requests for access; and
5.3.10. The regulations made in terms of section 92[11].
5.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
5.5. The Guide can also be obtained :-
5.5.1. upon request to the Information Officer;
5.5.2. from the website of the Regulator ( https://www.justice.gov.za/inforeg/ ).
5.6 A copy of the Guide is also available in the following official languages, for public inspection during normal office hours-
5.6.1. English, Afrikaans, IsiZulu, Ndebele, Sepedi, Sesotho, Swati, Tsonga, Tswana, Venda and Xhosa.
6. REASONS FOR ACCESS REFUSAL
A private body such as Royal Finance Holdings is entitled to refuse a request for information.
6.1. The main grounds for Royal Finance Holdings to refuse a request for information relates to the:
6.1.1. mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63 of PAIA) or a juristic person, as included in the POPIA which would involve the unreasonable disclosure of personal information of that natural or juristic person;
6.1.2. mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory, or contractual agreements, comply with the provisions of the POPIA;
6.1.3. mandatory protection of the commercial information of a third party (section 64 of PAIA) if the record contains:
6.1.3.1. Trade secrets of the third party;
6.1.3.2 Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
6.1.3.3. Information disclosed in confidence by a third party to Royal Finance Holdings if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
6.1.4 mandatory protection of confidential information of third parties (section 65 of PAIA) if it is protected in terms of any agreement;
6.1.5 mandatory protection of the safety of individuals and the protection of property (section 66 of PAIA); and/or
6.1.6 mandatory protection of records which would be regarded as privileged in legal proceedings (section 67 of PAIA).
6.2. The commercial activities (section 68 of PAIA) of a private body, such as Royal Finance Holdings, which may include:
6.2.1. Trade secrets of Royal Finance Holdings;
6.2.2. Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of Royal Finance Holdings;
6.2.3. information which, if disclosed could put Royal Finance Holdings at a disadvantage in negotiations or commercial competition;
6.2.4. a computer program which is owned by Royal Finance Holdings and which is protected by copyright; and/or
6.2.5 the research information (section 69 of PAIA) of Royal Finance Holdings or a third party, if its disclosure would disclose the identity of Royal Finance Holdings, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
6.3 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
6.4 All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of PAIA. If the record should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.
You will be notified in writing on Form 3 as required by PAIA as to whether your request for information has been approved or denied within 30 (Thirty) calendar days after receipt of a completed request refer Form 2 as per Annexure A.
7. CATEGORIES OF RECORDS OF ROYAL FINANCE HOLDINGS WHICH ARE AVAILABLE WITHOUT APERSON HAVING TO REQUEST ACCESS
The categories of records held by Royal Finance Holdings which are available without a person having to request access by completing Form 2 as per the PAIA regulations (27 August 2021). These are records that are available on the website (as indicated) and a person may download or request telephonically or by sending an e-mail (Refer paragraph 3.3) or a letter.
Refer Table 1 for documents which are available as described above.
Table 1 | |||
Category of records |
Types of the Record |
Available on Website |
Available upon request |
Compliance | Terms of use for the website | X |
|
Compliance | Privacy policy for the website | X |
|
Compliance | PAIA Manual | X |
|
Compliance | SARS Registration |
| X |
Compliance | VAT Registration |
| X |
Compliance | Company registration document (CIPC) |
| X |
Compliance | Information Officer Registration Certificate |
| X |
Marketing | Public Product Information |
| X |
Marketing | Newsletters |
| X |
8. DESCRIPTION OF THE RECORDS OF ROYAL FINANCE HOLDINGS WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
These are the records which are created and available in accordance with any of the South African legislation. These are records that are available by request telephonically or by sending an e-mail (Refer paragraph 3.3) or a letter.
Refer to Table 2:
Table 2 | |
Category of Records | Applicable Legislation |
Memorandum of incorporation | Companies Act number 71 of 2008
|
PAIA Manual | Promotion of Access to Information Act number 2 of 2000 |
PAIA Guides (Issued by Information Regulator and available on request) | Promotion of Access to Information Act number 2 of 2000 |
9. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY ROYAL FINANCE HOLDINGS
The subjects in respect of which Royal Finance Holdings holds records and the categories of records held on each subject is depicted in Table 3 below and a person can request access by completing Form 2 as per the PAIA regulations (27 August 2021) (Refer Annexure A for example of Form 2).
Table 3 | |
Subjects on which the body holds records | Categories of records |
Compliance | o Policies and procedures o Minutes of Board of Directors meetings o Register of Board of Directors o Personal Information Impact Assessment |
Sales and Marketing | o Marketing Strategy o List of clients and prospects o Client Information Management System o Client agreements o Client files o Client correspondence o Sales records |
Human Resources | o HR policies and procedures o Advertised posts o Employment contracts o Employees records (including personal information) o Performance management records o Employee benefit records o Payroll records (including PAYE) o SARS records (e.g. IRP5’s) o UIF records o Training attendance register o Disciplinary and grievance records |
Finance | o Annual Budgets o Variance reports (budget vs Actual) o Financial Statements o Monthly Management Accounts o VAT Schedules o Monthly Journals o Annual Journals o Cash book o General ledger o Financial Reconciliations o Debtors • Invoices • Statements • Credit notes o Creditors • Invoices • Statements • Credit Notes • SARS Tax Clearance o Asset Register o Banking records and Statements o Electronic Banking records o Insurance Policies |
Technology | o Information Security Policies o Record of Access to systems |
Operations | o Rental agreements o Non-disclosure agreements o Supplier agreements o Internal correspondence (emails/memos) o Consumer credit records |
10. PROCESSING OF PERSONAL INFORMATION
10.1 Purpose of Processing Personal Information
There are various types of personal information that The Royal Finance Holdings deal with. Refer to Table 4 for the purpose per category of data subjects.
10.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
The categories of data subjects in respect of whom The Royal Finance Holdings processes personal information and the nature or categories of the personal information being processed are depicted in Table 4.
Table 4 | ||
Categories of Data Subjects |
Personal Information that may be processed |
Purpose |
Clients and prospective clients (including Debtors) | Natural Persons Names, ID numbers, date of birth, email address, physical address, postal address, contact numbers, financial data. Juristic Persons Names, Company Registration, email address, physical address, postal address, contact numbers, company registration numbers, financial data. | To service our clients and to invoice them for the services rendered. |
Service Providers (including Suppliers/Vendors/Creditors) | Juristic Persons Names, Company Registration, email address, physical address, postal address, contact numbers, company registration numbers, financial data. | To engage and pay service providers for products received or services that they have performed. |
Employees and Contractors | Name and surname, ID numbers, date of birth, marital status, next of kin and family details, email address, physical address, postal address, education and qualifications, gender and race, contact numbers, bank details, salary/remuneration amount, tax details and criminal record checks. | To employ staff and contractors. To maintain employee records. To pay the employees and contractors. To comply with the necessary legislation and with company policies and procedures. |
10.3 The recipients or categories of recipients to whom the personal information may be supplied
The person or category of persons to whom Royal Finance Holdings may disseminate personal information is depicted in Table 5.
Table 5 | |
Category of personal information |
Recipients or Categories of Recipients to whom the personal information may be supplied
|
Names and Surname, Identity number for criminal checks | South African Police Services |
Names and Surname, Identity number, qualifications for qualification verifications | South African Qualifications Authority
|
10.4 Planned transborder flows of personal information
Royal Finance Holdings does not intend to transfer Personal Information outside of South Africa. If Personal Information is transferred offshore, Royal Finance Holdings will only transfer such Personal Information to other countries who have similar privacy and data protection laws as those in South Africa, as required by section 72 of POPIA.
10.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
Royal Finance Holdings is committed to ensuring that personal and sensitive Information is secure. In order to prevent unauthorised access or disclosure to any Personal Information, Royal Finance Holdings has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects.
Royal Finance Holdings makes use of secure data transmission and storage technologies to reasonably protect personal and sensitive Information from unauthorised disclosure and to maintain the integrity of your personal and sensitive Information. Royal Finance Holdings organisation takes all reasonable technical and organisational measures to ensure the security of Personal and sensitive Information.
Royal Finance Holdings have comprehensive information security policies and procedures and have implemented security measures the cover the following areas:
1. Physical – Personal and sensitive information processed at reputable data centres in South Africa with the necessary physical measures in place.
2. Logical – Only people that must have access to information/data to perform their tasks have that access. Strong passwords are used to access information/data that is classified as restricted/confidential.
3. Operational – Anti-malware and anti-virus solutions are used; vulnerability tests are done, and backups are made on a regular basis.
4. Employees – Prospective employees have been screened before appointment. Employees are also trained in relation to policies and procedures as and when required.
11. INFORMATION WE HOLD TO COMPLY WITH THE LAW
Where applicable to its operations, The Royal Finance Holdings also retains records and documents in terms of the legislation described below. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the specific Act; the below mentioned legislation and applicable internal policies and procedures, should such interested parties be entitled to such information. A person can request access by completing Form 2 as per the PAIA regulations (27 August 2021) (Refer Annexure A for example of Form 2).
It is further recorded that the accessibility of documents and records may be subject to the grounds of refusal set out in paragraph 6 of this Manual.
Royal Finance Holdings hold information in accordance with the following legislation:
11.1 Basic Conditions of Employment Act, 75 of 1997;
11.2 Broad – Based Black Economic Empowerment Act, 53 of 2003;
11.3 Companies Act, 71 of 2008;
11.4 Compensation for Occupational Injuries and Diseases Act, 130 of 1993;
11.5 Competition Act, 89 of 1998;
11.6 Constitution of the Republic of South Africa 1996;
11.7 Consumer Protection Act, 68 of 2008;
11.8 Copyright Act, 98 of 1978;
11.9 Customs and Excise Act, 91 of 1964;
11.10 Electronic Communications and Transactions Act, 25 of 2002;
11.11 Employment Equity Act, 55 of 1998;
11.12 Financial Intelligence Centre Act, No 38 of 2001;
11.13 Income Tax Act, 58 of 1962;
11.14 Insurance Act 18 of 2017;
11.15 Intellectual Property Laws Amendment Act, 38 of 1997 as amended;
11.16 Labour Relations Act, 66 of 1995;
11.17 Long Term Insurance Act, 52 of 1998;
11.18 Occupational Health and Safety Act, 85 of 1993;
11.19 Pension Funds Act, 24 of 1956;
11.20 Prescription Act, 68 of 1969;
11.21 Promotion of Access to Information Act,2 of 2000;
11.22 Protection of Personal Information Act, 4 of 2013;
11.23 Short Term Insurance Act, 53 of 1998;
11.24 Skills Development Act, 97 of 1998;
11.25 Skills Development Levies Act, 9 of 1999;
11.26 Unemployment Insurance Act, 63 of 2001;
11.27 Unemployment Insurance Contributions Act, 4 of 2002;
11.28 Value Added Tax Act, 89 of 1991.
12. HOW MUCH WILL IT COST YOU?
12.1. Section 52(3) of PAIA states that fees payable for access to records are to be prescribed.
12.2. Refer to Annexure B for the fees schedule in respect of private body’s that was published in the PAIA regulation dated 27 August 2021.
13. AVAILABILITY OF THE MANUAL
13.1 A copy of the Manual is available-
13.1.1 on www.royalfinance.co.za,
13.1.2 head office of The Royal Finance Holdings for public inspection during normal business hours;
13.1.3 to any person upon request; and
13.1.4 to the Information Regulator upon request.
14. UPDATING OF THE MANUAL
The Information Officer of The Royal Finance Holdings will on an annual basis update this manual.
Issued by
___________________________________________________
Mariëtte Ischner
Information Officer
The fees schedule for private body’s as per the PAIA regulation dated 27 August 2021 is depicted below.
Nr | Item | Cost per A4 Size page or part thereof/item | Number of pages/items | Total |
1 | The requester fee payable by every requestor | R 140.00 | ||
2 | Photocopy | R2.00 per page or part thereof | To be advised | To be advised |
3 | Printed copy | R2.00 per page or part thereof | To be advised | To be advised |
4 | For a copy in a computer-readable form on: (i) Flash drive To be provided by requester (ii) Compact disc · If provided by requestor · If provided to the requestor |
R 40.00
R 40.00 R 60.00 | To be advised | To be advised |
5 | For a transcription of visual images per A4 size-page | Service to be outsourced. Will depend on the quotation of the service provider | To be advised | To be advised |
6 | Copy of visual images | To be advised | To be advised | |
7 | Transcription of an audio record, per A4-size | R24.00 | To be advised | To be advised |
8 | Copy of an audio record (i) Flash drive · To be provided by requestor (ii) Compact disc · If provided by requestor · If provided to the requestor
|
R40.00
R40.00 R60.00 | To be advised | To be advised |
9 | To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed the total cost of | R145.00
R435.00 | To be advised | To be advised |
10 | Deposit: If search exceeds 6 hours | One third of amount per request calculated in terms of items 2 to 8. | To be advised | To be advised |
11 | Postage, email or any other electronic transfer. | Actual costs | To be advised | To be advised |
TOTAL | To be advised |
[1] Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
[2] Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
[3] Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
[4] Section 50(1) of PAIA- A requester must be given access to any record of a private body if-
a) that record is required for the exercise or protection of any rights;
b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
[5] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.
[6] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 5 above.
[7] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access
[8] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access
[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”