PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (PAIA)

SECTION 51 MANUAL FOR QALO YA AFRIKA 25 (PTY) LTD (FSP No. 53364)

1. Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA). The Act gives effect to the constitutional right of access to any information held by a private body, where such information is required for the exercise or protection of any rights.

This Manual is intended to assist potential requesters in understanding the procedures to follow when submitting a request for access to information held by Qalo Ya Afrika 25 (Pty) Ltd (“Qalo Ya Afrika”, “the Company”, “we”, “our”).

2. Contact Details

Company Name: Qalo Ya Afrika 25 (Pty) Ltd

Registration Number: 2023/807485/07

FSP Number: 53364

Information Officer: Naresh Ashok

Physical Address: 19 Tambach Road, Sunninghill, 2191

Postal Address: 19 Tambach Road, Sunninghill, 2191

Telephone Number: [Telephone Number]

Email Address: compliance@qaloyaafrika.co.za

Website: www.qaloyaafrika.co.za

3. Guide on How to Use PAIA

The South African Human Rights Commission (SAHRC) has compiled a guide containing information to help persons wishing to exercise their rights under PAIA. The guide is available in all official languages.

For further information, please contact the SAHRC:

PAIA Unit, South African Human Rights Commission

Postal Address: Private Bag 2700, Houghton, 2041

Telephone: +27 11 877 3600

Email: paia@sahrc.org.za

Website: www.sahrc.org.za

4. Records Available in Terms of Other Legislation

As a Financial Services Provider, Qalo Ya Afrika holds records in accordance with, inter alia, the following legislation. Access to certain records may be restricted in terms of PAIA.

• Financial Advisory and Intermediary Services Act, No. 37 of 2002 (FAIS)

• Financial Intelligence Centre Act, No. 38 of 2001 (FICA)

• Protection of Personal Information Act, No. 4 of 2013 (POPIA)

• Companies Act, No. 71 of 2008

• Electronic Communications and Transactions Act, No. 25 of 2002

• Basic Conditions of Employment Act, No. 75 of 1997

• Labour Relations Act, No. 66 of 1995

• Income Tax Act, No. 58 of 1962

• Value Added Tax Act, No. 89 of 1991

5. Subjects and Categories of Records Held by Qalo Ya Afrika

Qalo Ya Afrika holds the following categories of records. This list is not exhaustive.

Corporate Records

Memorandum of Incorporation (MOI); Board Minutes and Resolutions; Share Register; Company Policies; Annual Financial Statements; FSP License.

Access Status: Internal / Restricted. Request may be considered.

Human Resources

Employment Contracts; Policies; Remuneration Records; Training Records; Disciplinary Records.

Access Status: Internal / Confidential. Significant restrictions apply.

Client / Member / SME Records

Cooperatives and Members: Onboarding agreements, platform usage data, contribution records (aggregated/non-personal).

SMEs: Application forms, vetting documentation, investment proposals, correspondence.

Access Status: Strictly Confidential. Subject to POPIA, FAIS, and confidentiality agreements.

Third-Party Records

Service provider agreements; auditor contracts.

Access Status: Confidential. Access limited to parties of the agreement.

IT and System Records

System logs; data backup records; security policies; disaster recovery plans.

Access Status: Internal / Highly Restricted.

Financial Records

Invoices; bank statements; accounting records; tax returns; VAT records; audit reports.

Access Status: Internal / Confidential.

6. Grounds for Refusal of Access to Information

Access to a record may be refused in terms of Chapter 4 of PAIA, including where:

• The record contains personal information of a third party without consent.

• The record contains confidential commercial information.

• The request is frivolous or vexatious.

• The record is protected by legal professional privilege.

• Disclosure would prejudice the security or financial interests of Qalo Ya Afrika or a third party.

• The record was obtained in confidence from a third party.

7. Request Procedure

Form of Request

• The requester must complete the official PAIA Request Form (Form C).

• Requests must be submitted in writing to the Information Officer.

• Sufficient detail must be provided to identify the requested record.

• The requester must indicate the preferred form of access and provide a South African postal or email address.

Fees

• A non-refundable request fee may apply as prescribed by regulation.

• The requester will be notified of the decision within 30 days.

• A deposit may be required before processing the request.

8. Available Forms of Access

If access is granted, it may be provided by:

• Supplying a copy of the record

• Email or postal delivery

• Viewing the record at the Company’s offices

• Providing personal information in an understandable format to the data subject

9. Remedies if Request is Denied

If dissatisfied with a decision, the requester may within 30 days:

• Submit an internal appeal to the Managing Director

• Apply to a competent court for relief

• Lodge a complaint with the Information Regulator

Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O. Box 31533, Braamfontein, Johannesburg, 2017
Complaints Email: complaints.IR@justice.gov.za
General Enquiries Email: inforeg@justice.gov.za

10. Availability of this Manual

This Manual is available:

• Free of charge on the Company website

• At the Company’s offices by prior appointment

• By email upon request