Legal

PAIA Manual

Manual prepared in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000

Saxon Group (Pty) Ltd t/a Saxon Capital | Registration No. [Company Registration Number] | NCRCP: [NCRCP Number]

Last updated: [Effective Date]

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 ("PAIA"), as read with the Protection of Personal Information Act 4 of 2013 ("POPIA"). It explains the records held by Saxon Capital and how a requester may request access to them.

1. Introduction to Saxon Capital

Saxon Group (Pty) Ltd t/a Saxon Capital is a private company incorporated in the Republic of South Africa and a registered credit provider under the National Credit Act 34 of 2005 (NCRCP: [NCRCP Number]). We provide short-term credit to qualifying South African consumers. This Manual is intended to assist any person who wishes to request access to a record held by Saxon Capital.

2. Particulars of the entity

Registered name: Saxon Group (Pty) Ltd t/a Saxon Capital
Registration number: [Company Registration Number]
NCR registration: NCRCP: [NCRCP Number]
Physical & postal address: 222 Smit Street, Braamfontein, Johannesburg, 2000
Telephone: +27 10 142 5329
Email: info@saxoncapital.net
Website: www.saxoncapital.net

3. Information Officer and Deputy Information Officer

Requests for access to records must be addressed to the Information Officer:

Information Officer: Michael Marais (Managing Director)
Email: info@saxoncapital.net
Telephone: +27 10 142 5329
Address: 222 Smit Street, Braamfontein, Johannesburg, 2000

Deputy Information Officer: [Deputy Information Officer, if appointed]

4. The Guide of the Information Regulator

The Information Regulator has published a Guide, in terms of Section 10 of PAIA, on how to use the Act. The Guide is available in each official language and contains information to help a person exercise their rights under PAIA and POPIA. The Guide may be obtained from:

The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Email: inforeg@inforegulator.org.za | PAIA: PAIAComplaints@inforegulator.org.za
Website: www.inforegulator.org.za

5. Records available in terms of other legislation

Certain records are available or must be maintained in terms of other legislation, which may include, among others: the National Credit Act 34 of 2005; the Protection of Personal Information Act 4 of 2013; the Companies Act 71 of 2008; the Financial Intelligence Centre Act 38 of 2001; the Income Tax Act 58 of 1962 and Value-Added Tax Act 89 of 1991; the Basic Conditions of Employment Act 75 of 1997 and Labour Relations Act 66 of 1995; the Compensation for Occupational Injuries and Diseases Act 130 of 1993; the Unemployment Insurance Act 63 of 2001; and the Electronic Communications and Transactions Act 25 of 2002.

6. Categories of records held by Saxon Capital

Access to the following categories of records may be requested, subject to the grounds for refusal in PAIA. Not all records are automatically available; each request is assessed on its merits.

Customer records: loan applications, affordability assessments, credit agreements, pre-agreement statements and quotations, repayment records, correspondence and credit life insurance records.
Company records: statutory and incorporation records, memorandum of incorporation, shareholder and director records.
Financial records: accounting records, financial statements, banking records, tax records and invoices.
Employee records: employment contracts, payroll and statutory employment records.
Operational records: policies, procedures, supplier and service-provider agreements, IT and security records, and marketing materials.

7. How to request access to a record

A requester must complete the prescribed PAIA request form and submit it to the Information Officer at the address above. The request must: provide sufficient detail to identify the record and the requester; identify the right the requester seeks to exercise (where a personal requester); specify the form of access required; and provide an address and contact details in South Africa. The prescribed form is available from the Information Regulator's website.

8. Fees

Two types of fee may apply: a request fee (payable by all requesters other than a personal requester seeking their own records), and an access fee calculated on the basis of the prescribed PAIA fee schedule, taking into account reproduction, search and preparation time. The Information Officer will notify the requester of any fee payable before processing the request. Fees are as prescribed in the PAIA Regulations, as amended from time to time.

9. Grounds for refusal of access

Saxon Capital may refuse a request on the grounds set out in Chapter 4 of PAIA, which include: the mandatory protection of the privacy of a third party who is a natural person; the mandatory protection of the commercial information of a third party; the mandatory protection of certain confidential information; the protection of the safety of individuals and property; records privileged from production in legal proceedings; and the protection of the commercial activities and research of Saxon Capital. Where only part of a record may be refused, access will be granted to the remainder.

10. Remedies available

If a request is refused, the requester may lodge a complaint with the Information Regulator, or apply to a court, in accordance with PAIA. The Information Officer's decision, and the reasons for it, will be provided to the requester as required by the Act.

11. Processing of personal information (POPIA)

In terms of Section 51(1)(e) of PAIA, Saxon Capital records the following about its processing of personal information:

Purpose of processing: assessing and administering loan applications and agreements, affordability assessment, identity and fraud verification, arranging credit life insurance, collections, credit-bureau reporting, and compliance with legal obligations.
Categories of data subjects: loan applicants and customers, website users, employees, suppliers and service providers.
Categories of personal information: identity and contact details, financial and banking information, income and affordability information, credit history, insurance-related information, and website usage data.
Categories of recipients: credit bureaux, insurers and administrators, payment processors and banks, verification and fraud-prevention providers, professional advisers, IT service providers, and regulators or authorities where required by law.
Cross-border transfers: only where compliant with Section 72 of POPIA.
Security measures: appropriate technical and organisational measures as required by Section 19 of POPIA. Further detail is set out in our POPIA & Privacy Policy.

12. Availability of this Manual

This Manual is available: on our website at www.saxoncapital.net; at our registered office on request; and from the Information Regulator. Copies are available in English. This Manual will be updated as necessary.

13. Contact us

Saxon Group (Pty) Ltd t/a Saxon Capital
Attention: The Information Officer
222 Smit Street, Braamfontein, Johannesburg, 2000
Email: info@saxoncapital.net
Telephone: +27 10 142 5329

This document is provided for general information and does not constitute legal advice. It should be reviewed and approved by a qualified legal practitioner before publication, and the prescribed PAIA forms and current fee schedule should be attached or linked.