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PAIA Manual

Section 51 Manual for Habilis Capital (Pty) Ltd

Prepared in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000 (“PAIA”)
 

A. INTRODUCTION

The Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) gives effect to the constitutional right of access to information held by both public and private bodies, where such information is required for the exercise or protection of any rights.

Habilis Capital (Pty) Ltd (“Habilis Capital”) is required, in terms of PAIA, to provide access to records upon receipt of a valid request, subject to the grounds of refusal as contemplated in the Act.

This Manual serves to inform requesters of the procedural requirements to be followed when requesting access to records held by Habilis Capital.

It is important to note that PAIA recognises certain limitations on the right of access to information. These limitations are designed to protect, among others:

  • Personal privacy;

  • Commercial confidentiality;

  • The integrity of business operations; and

  • The balancing of rights contained in the Bill of Rights of the Constitution.
     

B. CONTACT DETAILS

Head of the Private Body: Kevin Pretorius, Munier Badat, Hemal Naran

Telephone: +27 01 492 6552

Email: info@habiliscapital.com

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C. GUIDE OF THE INFORMATION REGULATOR

In terms of Section 10 of PAIA, the Information Regulator has compiled a Guide to assist persons who wish to exercise their rights under the Act.

The Guide contains information to assist requesters in understanding:

  • How to lodge a request for access to records;

  • The manner in which requests must be made; and

  • The remedies available if a request is refused.

The Guide is available from the Information Regulator and may be accessed on its official website:

https://inforegulator.org.za
 

D. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Certain records may be available in terms of legislation applicable to Habilis Capital, including but not limited to:

  • Financial Advisory and Intermediary Services Act 37 of 2002

  • Financial Intelligence Centre Act 38 of 2001

  • Collective Investment Schemes Control Act 45 of 2002 (where applicable)

  • Companies Act 71 of 2008

  • Labour Relations Act 66 of 1995

  • Employment Equity Act 55 of 1998

  • Basic Conditions of Employment Act 75 of 1997

  • Compensation for Occupational Injuries and Diseases Act 130 of 1993

  • Unemployment Insurance Act 63 of 2001

  • Value Added Tax Act 89 of 1991

  • Income Tax Act 58 of 1962

  • Skills Development Act 97 of 1998

Access to such records may be subject to the provisions of the relevant legislation.
 

E. CATEGORIES OF RECORDS HELD

Habilis Capital maintains records in the following categories:

1. Corporate Records

  • Memorandum of Incorporation (MOI)

  • Board meeting minutes and resolutions

  • Statutory registers

  • Records relating to directors and key individuals

2. Financial Records

  • Annual Financial Statements

  • Accounting records

  • Tax returns and supporting documentation

  • Banking records and statements

  • Asset registers

  • Client identification documentation (subject to FICA)

3. Tax and Statutory Compliance Records

  • PAYE documentation

  • VAT records

  • UIF records

  • Skills Development Levy documentation

  • SARS correspondence

4. Personnel Records

  • Employment contracts

  • Disciplinary records

  • Leave records

  • Training documentation

  • Remuneration records

  • Employment Equity documentation (if applicable)

Access to these records may be subject to confidentiality obligations and statutory limitations.
 

F. PROCEDURE FOR REQUESTING ACCESS

To request access to records held by Habilis Capital, a requester must:

  1. Complete Form 2 (Request for Access to Record of Private Body), available at:
    https://inforegulator.org.za

  2. Submit the completed form to the Head of Habilis Capital at the contact details provided above.

  3. Pay the prescribed request fee (if applicable).

The request must:

  • Provide sufficient detail to identify the record(s) requested;

  • Indicate the form of access required;

  • Provide contact details within the Republic of South Africa;

  • Identify the right that the requester seeks to exercise or protect;

  • Explain why the requested record is required for that purpose;

  • If made on behalf of another person, include proof of authority.

Habilis Capital will respond within the timeframes prescribed by PAIA.

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