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The Nedbank Group PAIA manual is intended to provide guidelines to members of the public who wish to exercise their constitutional right of access to information.
In the manual you will find information on how to lodge your request;
- the application form to be submitted;
- a description of the types of records that will be made available;
- grounds for refusal;
- what procedure will be followed in considering your request;
- the applicable fee structure;
- and information on the appeals procedure should you not be satisfied with the outcome of your request.
ACCESS-TO-INFORMATION MANUAL
Compiled in terms of section 51 of the Promotion of Access to Information Act, 2 of 2000.
Protection of Personal Information Act forms
If you want object to Nedbank Group (we, us, our) processing your personal information, or if you want us to delete or destroy your personal information or records of personal information in terms of the Protection of Personal Information Act,4 of 2013, you must complete the forms in this manual.
1. Nedbank Group
Nedbank Group is incorporated in South Africa and our registration number is 1966/010630/06.
We offer a range of wholesale and retail banking services through our frontline clusters, Nedbank Corporate and Investment Banking, Nedbank Retail and Business Banking, Nedbank Wealth and Nedbank Africa Regions. We also offer a range of insurance, asset management and wealth management services.
2. Nedbank contact details
The contact details of the deputy information officer are:
Neelesh Mooljee
Physical address: 135 Rivonia Road, Sandown, Sandton, Johannesburg
Postal address: PO Box 653640, Benmore Gardens, 2196
Tel: +27 (0)11 294 7130
Fax: +27 (0)11 295 7130
Email: privacy@nedbank.co.za or paia@nedbank.co.za
Website: www.nedbank.co.za
3. The Promotion of Access to Information Act, 2 of 2000
The Promotion of Access to Information Act, 2 of 2000 (Act) gives a requester access to records of a private body, if the records are needed to exercise or protect any rights. If a public body submits a request, the public body must be acting in the public interest.
Requests in terms of the Act must be made in accordance with the prescribed procedures and rates. The forms and tariffs are dealt with in sections 18 and 53, and sections 22 and 58 of the Act. See page 10 for a schedule of fees for requests.
4. The Protection of Personal Information Act, 4 of 2013
The Protection of Personal Information Act (Popia) gives effect to the constitutional right to privacy by safeguarding personal information when a responsible party processes the information, subject to justifiable limitations that are aimed at:
· balancing the right to privacy against other rights, particularly the right of access to information; and
· protecting important interests, including the free flow of information within South Africa and across international borders.
Popia regulates the way personal information may be processed, and its conditions are consistent with international standards and prescribe the minimum threshold requirements for the lawful processing of personal information. Popia also gives people rights and remedies to protect their personal information from processing that is not in line with Popia; and it establishes voluntary and compulsory measures, including the establishment of an information regulator, to ensure respect for and to promote, enforce and fulfil the rights that Popia protects.
If you can give adequate proof of identity, Popa give you the right to:
· ask a responsible party to confirm (free of charge) whether they have personal information about you; and
· ask a responsible party for a record or a description of the personal information that they have about you, including information about the identity of all third parties or categories of third parties who have or have had access to your information.
A responsible party may or must refuse to disclose any information requested in terms of the subsections of the Act to which the grounds for refusal apply (Chapter 4 of Part 3 of Act).
For more information on how we deal with personal information, please refer to our privacy notice - download here.
5. Applicable legislation
No |
Reference |
Act |
1 |
66 of 1965 |
Administration of Estates Act |
2 |
68 of 1981 |
Alienation of Land Act |
3 |
94 of 1990 |
Banks Act |
4 |
75 of 1997 |
Basic Conditions of Employment Act |
5 |
34 of 1964 |
Bills of Exchange Act |
6 |
45 of 2002 |
Collective Investment Schemes Control Act |
7 |
71 of 2008 |
Companies Act |
8 |
130 of 1993 |
Compensation for Occupational Injuries and Diseases Act |
9 |
89 of 1998 |
Competition Act |
10 |
108 of 1996 |
Constitution of the Republic of South Africa |
11 |
68 of 2008 |
Consumer Protection Act |
12 |
114 of 1998 |
Debt Collectors Act |
13 |
47 of 1937 |
Deeds Registries Act |
14 |
36 of 2005 |
Electronic Communications Act |
15 |
25 of 2002 |
Electronic Communications and Transactions Act |
16 |
55 of 1998 |
Employment Equity Act |
17 |
62 of 1997 |
Extension of Security of Tenure Act |
18 |
37 of 2002 |
Financial Advisory and Intermediary Services Act |
19 |
28 of 2001 |
Financial Institutions (Protection of Funds) Act |
20 |
38 of 2001 |
Financial Intelligence Centre Act |
21 |
19 of 2012 |
Financial Markets Act |
22 |
60 of 2000 |
Firearms Control Act |
23 |
107 of 1978 |
Fund-raising Act |
24 |
63 of 2000 |
Home Loan and Mortgage Disclosure Act |
25 |
68 of 1997 |
Identification Act |
26 |
24 of 1936 |
Insolvency Act |
27 |
80 of 1998 |
Inspection of Financial Institutions Act |
28 |
66 of 1995 |
Labour Relations Act |
29 |
28 of 2014 |
Legal Practice Act |
30 |
52 of 1998 |
Long-term Insurance Act |
31 |
34 of 2005 |
National Credit Act |
32 |
107 of 1998 |
National Environmental Management Act |
33 |
59 of 2008 |
National Environmental Management Waste Act |
34 |
78 of 1998 |
National Payment System Act |
35 |
25 of 1999 |
National Heritage Resources Act |
36 |
85 of 1993 |
Occupational Health and Safety Act |
37 |
57 of 1978 |
Patents Act |
38 |
24 of 1956 |
Pension Fund Act |
39 |
12 of 2004 |
Prevention and Combating of Corrupt Activities Act |
40 |
2 of 2000 |
Promotion of Access to Information Act |
41 |
26 of 2000 |
Protected Disclosures Act |
42 |
33 of 2004 |
Protection of Constitutional Democracy against Terrorist and Related Activities Act |
43 |
4 of 2013 |
Protection of Personal Information Act |
44 |
70 of 2002 |
Regulation of Interception of Communications and Provision of Communication-related Information Act |
45 |
53 of 1998 |
Short-term Insurance Act |
46 |
90 of 1989 |
South African Reserve Bank Act |
47 |
28 of 2011 |
Tax Administration Act |
48 |
194 of 1993 |
Trade Marks Act |
49 |
40 of 1949 |
Transfer Duty Act |
50 |
63 of 2001 |
Unemployment Insurance Act |
51 |
89 of 1991 |
Value-added Tax Act |
6. Categories of records
6.1 Information available on request
At Nedbank Group, we are in control of or have in our possession the following categories of records under the subjects described below. These categories of records are not exhaustive and are subject to change. If you ask for access to these records, we not automatically grant your request, but we will evaluate it in accordance with the provisions of the Act, any other legal requirements and our policies.
Record category |
Description |
Accounting |
Formal books of account and financial statements |
Source documents |
|
Customs, excise and transport |
|
Company records |
Banking |
Credit provision |
|
General (all statutory documents required by the Companies Act, 71 of 2008) |
|
Customer records |
Holding and nominee companies |
Internal audit |
|
JSE Listing requirements |
|
Medical schemes |
|
Money broking |
|
Operational records |
|
Policies and procedures |
|
Products and services |
|
Property |
|
Risk |
|
Auctions |
|
Banking and depositFICA) |
|
Bearer warrants |
|
Bond Exchange of South Africa |
|
Collective investment schemes |
|
Credit provision |
|
Deceased clients |
|
Financial advisory and intermediary services |
|
Insolvent clients |
|
JSE equities |
|
Long-term insurance |
|
Money broking |
|
Promotional competitions |
|
Equities Derivatives Market (formerly Safex) |
|
Securities services (general) |
|
Short-term insurance |
|
Trust services |
|
Human resources |
Pension funds |
Statutory employee records |
|
Other employee records |
|
Physical security |
Internal security services and firearms |
Health and safety |
Construction administration and safety |
Elevators, escalators and passenger conveyors, lifting machinery, tools and tackle |
|
Electrical installations |
|
Fire equipment |
|
Noise |
|
Hazardous chemical substances |
6.2 Records that are available automatically
The following categories of records are automatically available for inspection. You can buy a copy of the record at the costs indicated in Annexure 2. You do not need to request this information in terms of the Act.
These categories are the following:
· Any promotional material for public viewing
· Posters
· Campaigns
· Information about products that we offer
You can ask for this information through the Nedbank website.
7. Request procedure
To get access to a record referred to in section 6.1 of the Act, you must complete the required form and email it to paia@nedbank.co.za. Once we receive your request, our information officer will give you the details of the fees payable and how you must pay it.
Please complete all the fields in the request form, and make sure that you give us the following information:
• Details of the record that you want.
• A copy of your valid South African identity document or card.
• A copy of the power of attorney (if applicable).
• A description of the right you want to exercise or protect.
• Details of how we must give you the information (if your request is granted).
• Your contact details.
8. Timelines
We will process your request within 30 days, unless your request involves considerations that will require more time.
If an extension is necessary, we will notify you and tell you why we need an extension.
If our information officer does not communicate to you about a decision on your request, your request will be deemed refused.
9. Grounds for refusal of access to records
The main grounds on which we may refuse access to records relate to:
· the privacy of a third party who is a natural person;
· the commercial information of a third party;
· confidential information of a third party;
· the safety of individuals and property;
· legally privileged records; and
· our commercial information, including:
- trade secrets;
- financial, commercial, scientific or technical information, if disclosure would likely harm our financial or commercial interests;
- information that, if disclosed, could put us at a disadvantage in negotiations or commercial competition;
- computer programs and related information technology software that we own and are protected by copyright; and
- research information that we or a third party has compiled, if disclosure would expose the third party, researcher or subject matter of the research and therefore disadvantage us.
Requests submitted in terms of the Protection of Personal Information Act, 4 of 2013, may be refused on the same grounds set out above.
10. Remedies for refusal
If your request to access to information was refused, we do not have an internal appeal procedure to follow. The decision of our information officer or deputy information officer is final. But if you are not satisfied with the outcome of your request, you can apply to a court of competent jurisdiction to take the matter further.
Fees payable
Reproduction of documents |
Fees (R) |
A copy of the manual as contemplated in regulation 9(2)(c) – for every photocopy of an A4-size page or part of the page |
1,10 |
A photocopy of an A4-size page or part of the page |
1,10 |
A printed copy of an A4-size page or part of the page on a computer or in electronic or machine-readable form |
0,75 |
A copy in computer-readable form on a: compact disc |
70,00 |
A transcription of visual images on an A4-size page or part of the page |
40,00 |
A copy of visual images |
60,00 |
A transcription of an audio record on an A4-size page or part of the page |
20,00 |
A copy of an audio record |
30,00 |
Access of information |
Fees (R) |
A photocopy of an A4-size page or part of the page |
1,10 |
A printed copy of an A4-size page or part of the page on a computer or in electronic form |
0,75 |
A copy in a computer-readable form on a:
compact disc |
70,00 |
A transcription of visual images on an A4-size page or part of the page |
40,00 |
A copy of visual images |
60,00 |
A transcription of an audio record on an A4-size page or part of the page |
20,00 |
A copy of an audio record |
30,00 |
Search for and preparation of the record for disclosure for every hour or part of an hour (excluding the first hour) that is reasonably needed to do the search and preparation |
|
For the purposes of section 54(2) of the Act, the following also applies:
· You must pay a deposit the search for and preparation of the record will take more than six hours.
· You must pay one-third of the access fee as a deposit up front.
· You must pay for the fee to have the record delivered to you.