PAIA Manual

Kuda Holdings Proprietary Limited (Registration Number: 2008/018404/07) Promotion of Access to Information Act Manual

1. Introduction

1.1 Kuda Holdings Proprietary Limited and its subsidiary, Kuda Foreign Exchange Proprietary Limited (2012/221693/07), (collectively, “Kuda”) are authorised financial services providers in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 and regulated by the Financial Sector Conduct Authority (“FSCA”).

1.2 Kuda is a luxury lifestyle insurer and registered foreign exchange intermediary based in Cape Town with its operations spanning across South Africa.

1.3 This manual has been prepared in accordance with the terms of section 51 of the Promotion of Access to Information Act, 2 of 2000 (“the Act”).

2. Contact Details and Information Officer

2.1 The contact details for Kuda are as follows:
2.2 Kuda has duly authorised and appointed the information officer below to whom requests for access to information must be made in terms of the Act:
- Information Officer: Sarah Cunningham
  Telephone: +27 (21) 554 5832
  Email: sarah@kuda.co.za

3. Guide referred to in Section 10 of the Act

3.1 Any person who wishes to exercise any right contemplated in the Act may obtain a copy of the information guide issued by the Human Rights Commission in terms of section 10(1) of the Act from the Human Rights Commission.

3.2 The contact details of the Human Rights Commission are as follows:
- Telephone: 011 484 8300
  Fax: 011 484 0582
  E-mail: paia@sahrc.org.za
  Website: www.sahrc.org.za

4. Notice in terms of section 52(2) of the Act

As at the date of publication of this manual, no notice has been published on the categories of records that are automatically available without a person having to request access in terms of the Act.

5. Records available in terms of other legislation

Records are kept by Kuda in accordance with the following legislation:

5.1 Basic Conditions of Employment Act, 75 of 1997;

5.2 Companies Act, 71 of 2008;

5.3 Compensation for Occupational Injuries and Diseases Act, 130 of 1993;

5.4 Consumer Protection Act, 68 of 2008;

5.5 Electronic Communications and Transactions Act, 25 of 2002;

5.6 Employment Equity Act, 55 of 1998;

5.7 Financial Advisory and Intermediary Services Act, 37 of 2002;

5.8 Financial Intelligence Centre Act, 38 of 2001;

5.9 Financial Sector Regulation Act, 9 of 2017;

5.10 Income Tax Act; 58 of 1962;

5.11 Labour Relations Act, 66 of 1995;

5.12 National Credit Act, 34 of 2005;

5.13 Skills Development Act, 97 of 1998;

5.14 Skills Development Levies Act, 9 of 1999;

5.15 Unemployment Insurance Act, 63 of 2001;

5.16 Unemployment Insurance Contributions Act, 4 of 2002;

5.17 Value-Added Tax Act, 89 of 1991.

6. Subjects and Categories of Records Held

This section of the manual sets out the subjects and categories of records held by Kuda. The inclusion of any subject or category of records should not be construed as an indication that records falling within that subject or category shall be made available. In particular, certain grounds of refusal, as set out in the Act, may be applicable to such records.

6.1 Statutory Company Documents:
- 6.1.1 memoranda of incorporation and registration certificates of the companies in Kuda;
  
  6.1.2 share registers; and
  
  6.1.3 other statutory registers.
6.2 Accounting Records:
- 6.2.1 accounting records, books and documents;
  
  6.2.2 interim and annual financial reports;
  
  6.2.3 invoices in respect of creditors and debtors;
  
  6.2.4 tax returns;
  
  6.2.5 banking information; and
  
  6.2.6 other financial records.
6.3 Information Technology:
- 6.3.1 computer and telecommunications software, support and maintenance agreements; and
  
  6.3.2 other documentation pertaining to computer and printer systems, telecommunications and computer programmes.
6.4 Intellectual Property:
- 6.4.1 trade marks and copyright;
  
  6.4.2 records relating to domain names; and
  
  6.4.3 licences and other agreements relating to intellectual property rights.
6.5 Personnel Records:
- 6.5.1 list of employees;
  
  6.5.2 contracts and/or documentation pertaining to arrangements with directors;
  
  6.5.3 personnel files in respect of the employees;
  
  6.5.4 other information relating to employees; and
  
  6.5.5 internal phone lists.
6.6 Governance records:
- 6.6.1 minutes of meetings;
  
  6.6.2 policies;
  
  6.6.3 directives; and
  
  6.6.4 resolutions.
6.7 Marketing:
- 6.7.1 articles and newsletters;
  
  6.7.2 educational resources and training materials;
  
  6.7.3 educational and training content; and
  
  6.7.4 circulars and communications.
6.8 Miscellaneous Agreements

6.9 Movable and Immovable property:
- 6.9.1 agreements for the lease of immovable property;
  
  6.9.2 agreements for the purchase of movable property; and
  
  6.9.3 other agreements for the purchase, ordinary sale, conditional sale or hire of assets.

7. Right to Refuse Access to Information

7.1 Kuda has the right to refuse access to records where:
- 7.1.1 the record would unreasonably disclose personal information about a natural person, including a deceased individual (unless written permission for access is granted); and
7.2 the record contains one of the following:
- 7.2.1 trade secrets;
  
  7.2.2 financial, commercial, scientific or technical information whereby the disclosure thereof could likely cause harm to the financial or commercial interests of a third party or Kuda;
  
  7.2.3 information about research by a third party or Kuda which could put that third party or the entity at a disadvantage in a negotiation or prejudice him in competition, unless written consent is given;
  
  7.2.4 access would put the entity in breach of a duty of confidence which we owe a third party unless that third party gives written consent for access to be granted;
  
  7.2.5 access could be expected to endanger someone's life or physical safety, prejudice or impair the security of a building, structure, system, means of transport or other property;
  
  7.2.6 the record is privileged from being produced as evidence in legal proceeding, unless the person protected has waived that protection;
  
  7.2.7 if the request is for access to your personal information and you could not provide adequate proof of identity to Kuda; and
  
  7.2.8 requests for information that are frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

8. Procedure for Requesting Documents

8.1 Form of request

8.1.1 The requester is required to use the prescribed form annexed hereto as “A” to submit a request for access to a< record held by Kuda. The request is required to be made to the address or fax number or e-mail address of the information officer of Kuda and should be clearly addressed to the information officer.

8.1.2 The requester is required to provide sufficient particularity on the request form to enable the information officer to identify the record and the requester. The requester should also indicate which form of access to the record is required and if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

8.1.3 The requester is required to state the right that he or she is seeking to exercise or protect and provide a written explanation as to why the requested record is required for the exercise or protection of that right.

8.2 Fees

8.2.1 The fee for a copy of this manual is R1.10 for every photocopy of an A4-size page or part thereof.

8.2.2 The request fee payable by a requester, other than a person seeking access to a record containing his or her personal information, is R50.00.

8.2.3 The access fees payable by a requester whose request for access to a record of Kuda has been granted are as follows:

8.2.3.1	For every photocopy of an A4-size page or part thereof	R1.10
8.2.3.2	For every printed copy of an A4- size page or part thereof held on a computer or in electronic or machine readable form	R0.75
8.2.3.3	For a copy in a computer-readable form on -
	Stiffy disc	R7.50
	Compact disc	R70.00
8.2.3.4	For a transcription of visual images, for an A4-size page or part thereof	R40.00
8.2.3.5	For a copy of visual images	R60.00
8.2.3.6	For a transcription of an audio record, for an A4-size page or part thereof	R20.00
8.2.3.7	For a copy of an audio record	R30.00

8.2.4 To search for and prepare the record for disclosure, R30.00 for each hour or part of an hour reasonably required for such search and preparation.

8.2.5 For purposes of section 54(2) of the Act, the following applies:

8.2.5.1 Six hours as the hours to be exceeded before a deposit is payable; and

8.2.5.2 One third of the access fee is payable as a deposit by the requester.

8.2.6 The actual postage is payable when a copy of a record must be posted to a requester.

9. Availability of the Manual

The manual will be available for inspection at the offices of Kuda free of charge or on Kuda's website at www.kudafx.com.

Last Updated: 3/24/2021