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PAIA Manual

Prepared in accordance with Section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

Table of Contents

  1. List of Acronyms and Abbreviations
  2. Purpose of the PAIA Manual
  3. Overview of Bay Capital Family Office
  4. Contact Details for Access to Information
  5. Processing of Personal Information
  6. Guide on Using PAIA and Accessing the Guide
  7. Relevant Legislation
  8. Records Available Without a Formal Request
  9. Subjects and Categories of Records Held
  10. Procedure for Requesting Records
  11. Availability of the Manual
  12. Updating the Manual
  13. Annexures

1. List of Acronyms and Abbreviations

  • CEO: Chief Executive Officer
  • DIO: Deputy Information Officer
  • IO: Information Officer
  • Minister: Minister of Justice and Correctional Services
  • PAIA: Promotion of Access to Information Act No. 2 of 2000 (as amended)
  • POPIA: Protection of Personal Information Act No. 4 of 2013
  • Regulator: Information Regulator
  • Republic: Republic of South Africa

2. Purpose of the PAIA Manual

This manual assists the public by:

  • Listing records available without a formal PAIA request.
  • Explaining how to request access to records, including subjects and categories of records held.
  • Detailing records available under other legislation.
  • Providing contact details for the Information Officer and Deputy Information Officer.
  • Describing the PAIA Guide, as updated by the Regulator, and how to access it.
  • Outlining how Bay Capital processes personal information, including data subjects, purposes, and recipients.
  • Detailing transborder data flows and security measures to protect personal information.

3. Overview of Bay Capital Family Office

Bay Capital Family Office (Pty) Ltd is an independent South African advisory firm offering bespoke wealth management and investment solutions. Our services include financial planning, risk and retirement planning, and portfolio management. We are an authorised financial services provider under the Financial Sector Conduct Authority (FSCA), license number FSP53795.

4. Contact Details for Access to Information

5. Processing of Personal Information

5.1 Purpose of Processing

Bay Capital processes personal information only with consent and for legitimate purposes, including:

  • Providing advisory and intermediary services to clients.
  • Assisting with queries or claims related to financial products or plans.
  • Verifying client identity for security purposes.
  • Maintaining records for audit purposes.

5.2 Categories of Data Subjects and Information Processed

The table below outlines the categories of data subjects and the types of personal information processed.
Note that inclusion here does not guarantee access under PAIA, as grounds for refusal may apply.

Name, address, contact details, ID/registration numbers, gender, race, employment status, bank details, income, tax number, medical history, education, family health history.

Names, contact details, registration number, VAT number, address, bank details.

Name, address, contact details, qualifications, salary, bank details, gender, race, tax number, next of kin, biometric data, medical aid details, medical history, professional licence numbers.

5.3 Recipients of Personal Information

Personal information may be shared with the following recipients, where necessary:

South African Police Services; MIE Background Check (for employment).

SA Qualifications Authority; FSCA; MIE Background Check (for employment).

Credit Bureaus; MIE Background Check (for employment).

Third-party contractors.

Regulatory bodies (e.g., FSCA).

5.4 Transborder Data Flows

Personal information is stored on Microsoft’s Azure platform, hosted in the Netherlands (EU). Robust security measures, exceeding Microsoft’s standard data protection policies, are implemented to safeguard data. For details, see: Microsoft Data Protection Policy.

5.5 Information Security Measures

Bay Capital adheres to ISO27001 standards to ensure the confidentiality, integrity, and availability of

information. Safeguards include:

  • Data encryption
  • Anti-virus and anti-malware solutions
  • Multi-factor authentication

6. Guide on Using PAIA and Accessing the Guide

The Information Regulator has updated the PAIA Guide, as per Section 10(1) of PAIA, to assist individuals in exercising their rights under PAIA and POPIA. The Guide is available in all official languages and braille, and includes:

  • Objectives of PAIA and POPIA.
  • Contact details of Information Officers and Deputy Information Officers.
  • Procedures for requesting records from public and private bodies.
  • Assistance available from the Regulator and Information Officers.
  • Legal remedies for PAIA/POPIA-related issues.
  • Details on fees and regulations.

The Guide can be accessed:

  • At the Regulator’s office or Bay Capital’s Cape Town office during business hours.
  • Via the Regulator’s website: www.justice.gov.za/inforeg.
  • Upon request to the Information Officer.

7. Relevant Legislation

Bay Capital maintains records in accordance with the following South African legislation:

  • Financial Intelligence Centre Act
  • Financial Advisory and Intermediary Services Act
  • Collective Investment Schemes Control Act
  • Medical Schemes Act No. 131 of 1998
  • Pension Funds Act No. 24 of 1956
  • Long-Term Insurance Act No. 52 of 1998
  • Income Tax Act No. 95 of 1967
  • Financial Services Board Act No. 97 of 1990
  • Protection of Personal Information Act No. 4 of 2013
  • Promotion of Access to Information Act No. 2 of 2000
  • Basic Conditions of Employment Act No. 75 of 1997
  • Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
  • Labour Relations Act
  • Employment Equity Act No. 55 of 1998
  • Unemployment Insurance Act No. 30 of 1996
  • Occupational Health and Safety Act No. 85 of 1993
  • Skills Development Act No. 97 of 1998
  • Companies Act No. 71 of 2008
  • Value Added Tax Act No. 89 of 1991
  • Skills Development Levies Act No. 9 of 2002
  • Copyright Act No. 98 of 1978

8.1 Records Available Without a Formal Request

Bay Capital has not submitted records for automatic disclosure under Section 52(2) of PAIA. However, the following records are freely available on our website:

  • Privacy Policy – Available on Website and Upon Request
  • PAIA Manual – Available on Website and Upon Request
  • Complaints Policy – Available on Website and Upon Request
  • Conflicts of Interest Policy – Available on Website and Upon Request

9. Subjects and Categories of Records Held

The table below lists the subjects and categories of records held by Bay Capital. These records are not automatically available but may be requested using Form C. Access may be refused under PAIA provisions.

  • Company Secretarial
    • Company registration, Memorandum of Incorporation, board meeting minutes, director/auditor appointments, share certificates.
  • Company Authorisation
    • FSCA licences, CIPC registration, employer registration, VAT registration, taxpayer registration.
  • Financial
    • Accounting records, annual financial statements, asset register, banking records, invoices, tax returns, SARS payments, statutory compliance (VAT, SDL, UIF, PAYE, income tax).
  • Property
    • Title deeds, lease agreements, credit sale agreements, ordinary sale agreements.
  • Human Resources
    • Employment contracts, employee personal information, performance reviews, medical aid/pension records, salary information, leave records, employment equity, SETA/training records, disciplinary records.
  • Clients
    • Client files, database, agreements, instructions, correspondence.
  • Compliance
    • Compliance reports, FSCA correspondence, policies, FIC/FAIS records, representative mandates, FSCA levies.
  • Suppliers
    • Contact information, contractual agreements, accounting records.
  • Insurance
    • Policies, insurance claims.

10. Procedure for Requesting Records

  1. Complete the PAIA request form (Form C), available at www.inforegulator.org.za or from Bay Capital’s office.
  2. Submit the form to the Deputy Information Officer via email (eran@baycapital.co.za) or the physical address in Section 4.
  3. Ensure all sections of the form are fully completed to avoid delays.
  4. Fees include:
    1. Request Fee: R100
    2. Access Fee: Based on reproduction, search, preparation, and postal costs (see Annexure A).
  5. Access may be denied for reasons including protection of privacy, commercial/confidential information, legal privilege, or company research.

11. Availability of the Manual

The manual is available:

  • On our website: www.baycapital.co.za.
  • At our Cape Town office for inspection during business hours.
  • Upon request, subject to a reasonable fee.
  • To the Information Regulator upon request.

12. Updating the Manual

The manual will be updated regularly by Bay Capital’s internal compliance officer.

13. Annexures

Annexure A: Fees for Record Requests

Authorised by:
Richard van Rensburg
Director, Bay Capital Family Office (Pty) Ltd