PAIA Manual
Promotion of Access to Information Act Section 51 Manual
Last updated: 30 March 2025
Company: Precium
1. Definitions
In this Manual, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them:
"Data Subject" means the person to whom the Personal Information relates;
"Company" means Precium Proprietary Limited, registration number 2013/185768/07, a private company duly incorporated in the Republic of South Africa;
"Information Officer" means the person acting on behalf of the Company and discharging the duties and responsibilities assigned to the "head" of the Company in terms of PAIA. The Information Officer is duly authorised to act as required, and such authorisation has been confirmed by the "head" of the Company in writing;
"Manual" means this manual published in compliance with section 51 of PAIA;
"PAIA" means the Promotion of Access to Information Act, No. 2 of 2000, as amended from time to time;
"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, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;
- Information relating to the education or the medical, financial, criminal or employment history of the person;
- Any identifying number, symbol, email address, physical address, telephone number, location information, any online identifying number, symbol, email 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;
"Personnel" means a person who works for or provides services to or on behalf of the Company and receives or is entitled to receive any remuneration. This includes, without limitation, directors (both executive and non-executive), all permanent, temporary and part-time staff as well as contract workers, shareholders, employees (full-time, part-time or casual), consultants, interns, and ex-employees;
"Record" means any recorded information, regardless of form or medium, which is in the possession or under the control of the Company, irrespective of whether it was created by the Company;
"Request" means a request for access to a record of the Company;
"Requester" means any person, including a public body or a private body or an official thereof, making a request for access to a record of the Company and includes any person acting on behalf of that person;
"Special Personal Information" means:
- The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; or
- The criminal behaviour of a Data Subject to the extent that such information relates to:
- The alleged commission by the Data Subject of any offence; or
- Any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.
Terms not defined in this Manual shall have the meaning as defined in PAIA.
2. Introduction
The Company is a financial technology business.
This Promotion of Access to Information Manual is published in terms of section 51 of PAIA. PAIA gives effect to the provisions of section 32 of the Constitution, which provides for the right of access to information held by either the state or private persons, that is required for the exercise and/or protection of any right.
This Manual provides an outline of the type of records and the personal information it holds and explains how to submit requests for access to these records in terms of PAIA.
This Manual applies in respect of the Company. The Information Officer named in paragraph 3.4 below is appointed in respect of the Company.
Only requests for records of the Company are covered by the Manual and requests for records of, or information relating to, other entities will not be considered.
3. Availability of this manual
A copy of this Manual is available on our website at: https://Precium/legal/Precium_paiamanual.pdf or is available by sending a request for a copy to the Information Officer (whose details are set out below).
A copy of this Manual may also be inspected at our head office: The Refinery, 7 Park Road, Gardens, Cape Town, Western Cape, 8001
This Manual will be updated from time to time, as and when required.
Contact Details & Information Officer
Name of Private Body: Precium Proprietary Limited
Head of Private Body: Ruaan Botha
Information Officer: Ronelle Botha
Email address: ronelle@precium.com
Telephone number: (302) 219-0294
Postal address: The Refinery, 7 Park Road, Gardens, Cape Town
Street address: The Refinery, 7 Park Road, Gardens, Cape Town
How to access the PAIA Guide
The Information Regulator has compiled a PAIA Guide as per Section 10 of PAIA to assist with the understanding and how to exercise your rights under PAIA. A copy of the Guide in all official languages can be obtained from the Information Regulator at https://inforegulator.org.za/paia-guidelines/
Information Regulator Contact Details:
- Postal address: The Information Regulator, JD House, 27 Stiemens Street, Braamfontein, Johannesburg 2001
- Telephone: 010 023 5200
- Website: https://inforegulator.org.za
- E-mail: enquiries@inforegulator.org.za or PAIAComplaints@inforegulator.org.za
4. How to request access to records held by the company?
The Requester must comply with all the procedural requirements as set out in PAIA relating to requesting a record held by the Company.
Pay the prescribed fee
Please note that Requesters are also required to make payment of the prescribed fees for evaluating the request and for providing the records requested, including the requirement to pay a deposit in certain circumstances. Payment must be made before the Company can process the request from the Requester.
The list detailing the prescribed fee payable to the Company in respect of requests and the fees in respect of access to records (if the request is granted) is attached as Annexure C.
Fill in the prescribed form
For the convenience of Requesters, copies of such forms are included as Annexure A to this Manual and constitute the standard form that must be used for the making of requests in terms of this Manual. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
Key Requirements:
- Requests for access to records must be made to our Information Officer at the address or electronic mail address provided above.
- The Requester must provide sufficient detail on the request form to enable the Information Officer to (i) identify the record and (ii) the Requester.
- The Requester should also indicate which form of access is required, and indicate if he or she wishes to be informed in any other manner, and state the necessary particulars to be so informed.
- The Requester must identify the right that they are seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise of protection of that right.
- The request will be processed within 30 days of receipt of the completed request forms from the Requester.
Additional Requirements
- If a request is made on behalf of a person, the Requester must then submit proof, in the form of an affidavit or letter of consent, of the capacity in which the Requester is making the request to the satisfaction of the Information Officer.
- If a Requester is unable to complete the prescribed form because of illiteracy or disability, such a Requester may make an oral request to the Information Officer.
- All requests to the Company will be evaluated and considered in accordance with PAIA.
- If it is reasonably suspected that a Requester has obtained access to the Company's records through the submission of materially false or misleading information, legal proceedings may be instituted against such Requester.
5. Voluntary disclosyre & public records
The Company is not obliged to and has not published a notice in terms of section 52(2) of PAIA regarding the categories of records automatically available without a person having to request access thereto in terms of PAIA.
Nevertheless, the Company does make certain information freely available on the Company's website from time to time.
Further, records of a public nature may be accessed directly without the need to submit a formal application. Other non-confidential records, such as those maintained at the Companies and Intellectual Property Commission ("CIPC") may also be accessed directly from the CIPC, and/or other relevant body, without the need to submit a formal application.
Certain information is also made available to employees of the Company, which is not generally made available to the public. To avoid confusion, such items of information are not listed here but may be obtained by the Company's employees from the human resource office.
6. Records available in accordance with legislation
The Company is also required to retain certain records of information in terms of legislation. Unless disclosure is prohibited by such legislation, regulations thereto, contractual undertakings, or otherwise, these records will be made available for inspection by a party so requesting.
The information retained in terms of this legislation will only be made available to the persons or entities specified in the legislation:
- Companies Act 71 of 2008
- Income Tax Act 58 of 1962
- Value Added Tax Act 89 of 1991
- Labour Relations Act 66 of 1995
- Basic Conditions of Employment Act 75 of 1997
- Employment Equity Act 55 of 1998
- Skills Development Act 97 of 1998
- Skills Development Levies Act 9 of 1999
- Unemployment Insurance Act 63 of 2001
- Unemployment Contributions Act 4 of 2002
- Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
- Occupational Health and Safety Act 85 of 1993
- Protection of Personal Information Act 4 of 2013
- Competition Act 89 of 1998
- Customs and Excise Act 91 of 1964
7. Records held by the company and availble only on request
The Company maintains certain records as outlined in this section. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be granted.
All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA.
If the record requested contains information about a third party, the Company is obliged to inform them of such a request. This serves to allow the third party the opportunity to respond by either granting consent to the access request or providing reasons why the request should be denied.
All records in the possession of the Company that contain Special Personal Information shall only be provided to the person to whom the Special Personal Information pertains. In the event that the Requester is not the subject of the Special Personal Information then the Requester must submit proof of consent to request such record for their use on behalf of the Data Subject.
The Company processes certain categories of information. The information is classified and grouped according to the records relating to the following categories:
- Company records
- Personnel records
- Other parties' records
Company Records
The type of records the Company keeps on the Company includes:
- Financial records
- Operational records
- Company secretarial records
- Records pertaining to intellectual property of the Company
- Information technology records
- Marketing records
- Databases
- Internal correspondence
- Product records
- Statutory records
- Internal policies and procedures
- Records held by officials of the Company
Personnel Records
Note: These records can only be requested by the person the record pertains to.
This includes:
- Any personnel records provided to the Company by its personnel
- Any records a third party has provided to the Company about any of its personnel
- Conditions of employment and other personnel-related contractual and quasi-legal records
- Internal evaluation records and other internal records pertaining to personnel
- Correspondence relating to the personnel
Other Parties' Records
The Company keeps records in respect of other parties including (without limitation): its banks, auditors, legal advisors and consultants, suppliers, service providers, customers, and general market conditions.
In addition, such other parties may possess records which can be said to belong to the Company. The following records fall under this category:
- Personnel, customer, or Group records which are held by another party as opposed to being held by the Company
- Records held by the Company pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers
Please note that access to the above records may be subject to a ground for refusal, including that the records are subject to confidentiality provisions or necessitate permission from a third party.
8. Grounds for refusal of access to records
The Company may legitimately refuse to grant access to records that fall within certain categories. The grounds to refuse access to a particular record/s include:
- Records contain Personal Information of a third party and must be protected from unreasonable disclosure, including records of a deceased person
- Records contain third party commercial information that must be protected from unreasonable disclosure, including records that contain:
- Trade secrets; and/or
- Financial, commercial, scientific or technical information, the disclosure of which would cause or would likely cause harm to the commercial or financial interests of that third party
- Disclosure of a record would result in a breach of duty of confidence owed in terms of an agreement to a third party
- Disclosure of a record would result in an individual's life being endangered
- Disclosure of a record would prejudice or impair the security of property
- Disclosure of a record would prejudice or impair the protection of a person under witness protection
- Disclosure of a record would prejudice or impair public safety
- Disclosure of a record is privileged in terms of legal proceedings, unless such privilege has been waived
- Disclosure of a record would harm the commercial and financial interests of the Company, including records that contain:
- Trade secrets; and/or
- Financial, commercial, scientific or technical information
- Disclosure of a record would put the Company at a disadvantage in contractual or other negotiations or prejudice it in commercial competition
- Disclosure of the research of the Company or a third party on behalf of the Company would expose the Company or such third party or the researcher or the subject matter of the research to serious disadvantage
In the event that the requested record cannot be located and it is believed that the record does not exist, then the Company will inform the Requester by way of affidavit or affirmation of the reason for delay or inability to locate the record.
9. Remedies available in refusal of a request for information
The Company does not have its own internal appeal procedures. A decision made by an Information Officer is final.
When a Requester is not satisfied by a decision made by the Information Officer of the Company, for example for refusing access, for imposing fees, or for extending the time period in which the response is due, the Requester may apply to the appropriate court for relief within 180 days of receiving the decision.
The decision of the Company will be reviewed by a court, and a decision will be made by the courts as to whether or not to provide access to the requested records.
Access to information cases may be heard before the Magistrates' Courts as a court of first instance.
10. Processing of personal information
Please consult the privacy policy at https://www.precium.com/legal-docs/privacy-policy of the Company, available on request, for additional detail in respect of:
- The purpose of the processing of Personal Information by the Company
- A description of the categories of Data Subjects and of the information or categories of information relating to them
- The recipients or categories of recipients to whom the Personal Information may be supplied
- Planned transborder flows of Personal Information
- A general description of the information security measures implemented by the Company to ensure the confidentiality, integrity and availability of the information which it may process
11. Availability of the manual
A copy of the Manual is available on our website here.
12. Annexures
- Annexure A – Prescribed PAIA Request Form (view in PDF below).
- Annexure B – Additional Forms (view in PDF below).
- Annexure C – Fee Schedule (view in PDF below).
