PAIA

INTRODUCTION

Finlac Risk and Legal Management (Pty) Ltd conducts business as a Category 1 Insurance Broker. We are an Authorised Service Provider in terms of the Financial Advisory & Intermediary Service Act. Our FSP licence number is FSP 6993.

KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF FINLAC

The Chief Executive Officer

Name:                         Nico van Gijsen
Tel.:                             021 461 2067
Email:                          nico@finlac.com

The Information Officer

Name:                         Franscois van Gijsen
Tel.:                             021 461 2067
Email:                          frans@finlac.com

General: Head Office

Postal Address:           77 Upper Orange Street, Oranjezicht, 8001
Street Address:           77 Upper Orange Street, Oranjezicht, 8001
Tel.:                             021 461 2067
Fax:                            086 6776314
Email:                          solutions@finlac.com
Website:                      https://finlac.com/

THE ACT

The ACT grants a requester access to records of the private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 7 and 8.

A Guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right contemplated by PAIA. It is available in all of the official languages.

The contact details of the South African Human Rights Commission are:

SAHRC: PAIA Unit
Telephone Number: 011 877 3600 (Switchboard)
Website: www.sahrc.org.za
E-mail Address: info@sahrc.org.za

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Where applicable to its operations, Finlac also retains records and documents in terms of the legislation listed below. Unless disclosure is prohibited, records that are required to be made available in terms of these acts shall be made available for inspection. A request to access the information must be done in accordance with the prescriptions of the Act.

NumberReferenceAct
1No 61 of 1973Companies Act
1No 98 of 1978Copyright Act
3No 55 of 1998Employment Equity Act
4No 95 of 1967Income Tax Act

ACCESS TO RECORDS AND AVAILABILITY

The head of Finlac Risk and Legal Management (Pty) Ltd:

  1. must, during office hours and upon request, make available for public inspection a copy of the manual;
  2. may not charge a fee for a public inspection referred to in paragraph (1); and
  3. may, in respect of a copy of the manual or part thereof made available in a manner other than that contemplated in paragraph(a), charge the fee prescribed on the website of the South African Human Rights Commission at www.sahrc.org.za and the actual postage, if a copy must be posted.

Records of a public nature, typically those disclosed on Finlac’s website may be accessed without the need to submit a formal application. Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application.

SUBJECTS AND CATEGORIES OF RECORDS HELD

Records

Public affairs

  • Public Product Information
  • Public Corporate Records
  • Media Releases

Financial records

  • Annual Financial Statements
  • Tax Returns
  • Accounting Records
  • Banking Records
  • Bank Statements
  • Paid Cheques
  • Electronic banking records
  • Asset Register
  • Invoices

Income tax records

  • PAYE Records
  • Documents issued to employees for income tax purposes
  • Records of payments made to SARS on behalf of employees
  • All other statutory compliances:
    • VAT
    • Regional Services Levies
    • Skills Development Levies
    • UIF

Personnel documents and records

  • Employment contracts
  • Salary Records
  • Training Records
  • Training Manuals

Marketing

  • Market Information
  • Performance Records
  • Product Sales Records
  • Marketing Strategies
  • Customer Database
Subjects on which records are kept
  • Clients
  • Policyholders
  • Service Providers
  • Product Suppliers
  • Products and Services:
    • Long-term insurance products
    • Retirement annuities
    • Pension Funds
    • Savings products
    • Trust services
    • Investment and risk products to groups and schemes

All these records are kept in terms of legislation applicable to any of the above products or services and the Financial Services Industry in general.

FORM OF REQUEST

The requester must complete Form 2 and submit this form together with a request fee, to the head of the private body. The form must be submitted to the head of the private body at his/her address, fax number, or electronic mail address.

The form must:

  1. Provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester;
  2. Indicate which form of access is required;
  3. Specify a postal address or fax number of the requester in the Republic;
  4. Identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right;
  5. If, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner;
  6. If the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.

The form is downloadable from the Information Regulator’s website:
PAIA Forms: Form 2 – Request for Access to Record

PRESCRIBED FEES

The following applies to requests (other than personal requests):

  1. A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
  2. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
  3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
  4. Records may be withheld until the fees have been paid.

The fee structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za, or the website of The Department of Justice and Constitutional Development at http://www.doj.gov.za/.

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