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1       Abbreviations

 

Abbreviation

Meaning

CEO

Chief Executive Officer

DIO

Deputy Information Officer

IO

Information Officer

PAIA

Promotion of Access to Information Act, 2 of 2002 (as amended)

POPIA

Protection of Personal Information Act, 4 of 2013

 

2       Purpose of the PAIA manual

 

2.1       PAIA requires all public and private bodies in South Africa to have a manual to explain to the public how they can get access to records that a body holds.

2.2       This manual will help you do the following:

2.2.1         Check the categories of available records that a body holds without having to submit a formal PAIA request.

2.2.2         Request access to the records that a body holds.

2.2.3         Obtain the contact details of the IO and the DIO, who will help you gain access to the records that you want.

2.3     The manual will also give you information about the following:

2.3.1         The description of the available records that the body holds, in line with other legislation.

2.2.4         The description of the data subject categories and the related information or categories of information.

2.2.5         Whether and why a body will process personal information, including sending or processing personal information outside of South Africa.

2.2.6         The categories of data subjects and the information or categories of information relating to the personal information.

2.2.7         The recipients or categories of recipients to whom the personal information may be given.

2.3.2         Whether a body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information that will be processed.

2.3.3         The PAIA guide and how to access it.

 

3       Nedbank contact details

 

3.1     Information Officer:

 

Daleen du Toit

Physical address:             135 Rivonia Road

                                       Sandown

                                       Sandton

                                       Johannesburg

Postal address:               PO Box 653640

                                       Benmore Gardens

                                       2196

Email:                             paia@nedbank.co.za

Website:                          nedbank.co.za

 

3.2     Deputy Information Officer:

 

Neelesh Mooljee

Physical address:             135 Rivonia Road

                                       Sandown

                                       Sandton

                                       Johannesburg

Postal address:               PO Box 653640

                                       Benmore Gardens

                                       2196

Tel:                                 +27 (0)10 234 8858

Email:                             paia@nedbank.co.za

Website:                          nedbank.co.za

 

3.3     General contact for access to information:

Email:                             paia@nedbank.co.za

 

3.4     National or head office:

Postal address:                PO Box 1144, Johannesburg, 2000

Physical address:             135 Rivonia Road, Sandown, Sandton  

Telephone:                      0800 555 111

Website:                         nedbank.co.za

 

4       How to use PAIA and access the PAIA guide

 

4.1       In terms of section 10(1) of PAIA, the Information Regulator has updated and made available a revised guide on how to use PAIA to anyone who wants to exercise a right as set out in PAIA and POPIA.

4.2       The guide is easy to understand and available in all the official South African languages, including braille.

4.3       The guide includes the following:

4.3.1         Descriptions of the aims of PAIA and POPIA.

4.3.2         The postal and street addresses, contact numbers and, if available, email addresses of -

4.3.2.1            the IO of every public body; and

4.3.2.2            the DIO of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2].

4.3.3         Request forms with instructions on how to request access to records of -

4.3.3.1            a public body as set out in section 11[3] of PAIA; and

4.3.3.2            a private body as set out in section 50[4] of PAIA.

4.3.4         A description of the help available from the IO of a public body in terms of PAIA and POPIA.

4.3.5         A description of the help available from the Information Regulator in terms of PAIA and POPIA.

4.3.6         A description of remedies in law available regarding an act or failure to act in respect of a right or duty that PAIA and POPIA confers or imposes, including how to lodge -

4.3.6.1            an internal appeal;

4.3.6.2            a complaint with the Information Regulator; and

4.3.6.3            a court application against a decision of the IO of a public body, a decision about an internal appeal or a decision of the Information Regulator or the head of a private body.

4.3.7         The provisions of sections 14[5] and 51[6] of PAIA, which require a public or private body to compile a manual and to describe how to access the PAIA guide.

4.3.8         The provisions of sections 15[7] and 52[8] of PAIA providing for the voluntary disclosure of categories of records by a public or private body.

4.3.9         The notices issued in terms of sections 22[9] and 54[10] of PAIA about the fees that must be paid for access requests.

4.3.10       The regulations made in terms of section 92[11] of PAIA.

4.4       You can inspect or make copies of the guide from the offices of the public and private bodies, including the office of the Information Regulator, during normal working hours.

4.5       You can also get the guide:

4.5.1         on request from the IO; or

4.5.2         from the Information Regulator’s website at inforegulator.org.za.

4.6       A copy of the guide is also available in English and Afrikaans for public inspection during normal office hours.

 

5    General information about disclosure following a request for access to records

 

5.1   We must or may refuse the following requests for records:

5.1.1      Records for the purpose of criminal or civil proceedings (subject to section 7 of PAIA).

5.1.2      Records that will affect the mandatory protection of privacy of a third party who is natural person, including a deceased natural person (subject to section 63 of PAIA).

5.1.3      Records that will affect the mandatory protection of commercial information of a third party (subject to section 64 of PAIA).

5.1.4      Records that are protected in terms of a duty of confidence owed to a third party (particularly banker–client confidentiality) in terms of an agreement (subject to section 65 of PAIA).

5.1.5      Records that would threaten the protection of the safety of individuals and property (subject to section 66 of PAIA).

5.1.6      Records that are protected and privileged against production in legal proceedings (subject to section 67 of PAIA).

5.1.7      Records that are commercial information of a private body, including trade secrets and financial, commercial, scientific or technical information of the private body that would be likely to cause harm to the commercial or financial interests of the body if the information were disclosed (subject to section 68 of PAIA).

5.2   Subject to section 70 of PAIA, we must disclose records if disclosure is in the public interest. In other words, if disclosure of the records would reveal evidence of -

5.2.1      a substantial contravention of or failure to comply with the law; or

5.2.2      an imminent and serious public safety or environmental risk; and if

5.2.3      the public interest of disclosing the records outweighs the harm that may reasonably be expected to be caused by the disclosure.

 

 

 

 

 

6    Nedbank categories of records available without a request

 

Record category

Record type

Available at our website at nedbank.co.za

Available on request

Human resources

Statutory and other employee records

 

 

X

X

External-candidate profiles and positions applied for

X

 

Company secretarial

Own portfolio or shareholdings, tax statements for share transactions (IT3), frequently asked questions (FAQs) and rules of the share scheme

 

X

Own portfolio or shareholdings (transactions, dividends), tax statements for share transactions (IT3), FAQs and rules of the share scheme

 

X

Annual financial statements (audited), Stock Exchange News Service (SENS) announcements and share prices

X

 

Market conduct; financial advisory and intermediary services (FAIS)

Debarments and date-of-first-appointment (DOFA) documents

 

X

Account statement for a specific period

X

X

Account statement for a specific period (Corporate Saver)

X

X

Copies of legal agreements (Corporate Saver)

 

X

Profile setup (Corporate Saver)

 

X

Confirmation of balances

X

X

Transaction listing

 

X

Needs analysis and disclosures

 

X

Available balance on account

 

X

Historic client receipts

 

X

Call recordings

 

X

Home loans

Account statement for a specific period

X

X

Settlement letter

X

X

Quotation

X

X

Reconciliation

 

X

Decline letter

 

X

Approval letter

X

X

Personal loans and unsecured lending

Account statement for a specific period

X

X

Application form for a personal loan, an overdraft or a student loan

 

X

FAIS acknowledgement for a personal loan, an overdraft or a student loan

 

X

Settlement letter for a personal loan or unsecured lending

 

X

Account closure letter for a personal loan or unsecured lending

 

X

Welcome letter for a personal loan or unsecured lending

 

X

Statement

X

X

Motor Finance Corporation (MFC)

Settlement quote

X

X

Confirmation of client details changes

 

X

Tax certificate

X

X

Copy of registration papers

X

X

Cross-border letter

X

X

Transaction history

X

X

Banking details update

X

X

Addendum

 

X

Amortisation

 

X

Repayment schedule

 

X

Balloon quote

 

X

Balloon manual quote

 

X

Capital interest statement

 

X

Interest rate letter

 

X

Settlement letter

 

X

Change-of-owner settlement letter

 

X

Authorisation letter for police clearance

 

X

Relocation letter

 

X

Copy of the National Administration Traffic Information System (NaTIS) document

X

Contract addendum relating to value-added product services

 

X

Cost of credit/Additional credit

 

X

Vehicle finance contract

 

X

Invoice

 

X

Remittance

 

X

Proof of payment

 

X

Copy of a NaTIS document

X

Business banking

Original NaTIS document

 

X

Own-entity product statement

X

 

Copy of facility letters, suretyships, title deeds, mortgage bond documents, etc

 

X

Original securities

 

X

NedFleet

X

 

Replacement cards

 

X

 

 

 

 

 

 

 

 

 

 

 

 

7    Nedbank records available in line with other legislation

 

Applicable legislation

Category of record

Banks Act, 94 of 1990 (guidance notes and directives)

·    South African Reserve Bank (SARB) outsourcing list.

·    Materiality risk assessments.

·    Letters or notifications to SARB.

Basic Conditions of Employment Act, 75 of 1997

 

·    Employee details.

·    Labour relations reports.

·    Information regarding dismissals for dishonesty-related behaviour.

·    Information on disability, trade union membership, race and religion.

·    Employee next of kin or emergency contact details.

·    Conflict-of-interest declarations.

·    Education information.

·    Health and safety records.

·    Pension and provident fund records.

·    Leave records.

·    Internal evaluations and performance records.

·    Disciplinary records.

·    Training records.

·    Background checks.

Broad-based Black Economic Empowerment Act, 53 of 2003

·    Skills development section on the Financial Services Council report (no unique identifiers).