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The Promotion of Access to Information Act

 

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.

 
Click here to download form 1
 
Click here to download form 2
 
Click here to download form C

 

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.

 

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