PAIA Manual

General

All requests for access to records in terms of PAIA must be in writing in terms of this PAIA Manual and must be addressed at the contact details below.

You can find a copy of this PAIA Manual on Our Website – https://www.lula.co.za/paia-manual/

We can amend this PAIA Manual from time to time by publishing updates on Our Website.

Contact details

Contact person: Neil Welman

Postal address: 3rd Floor Pier Place, Heerengracht Street, Cape Town, 8000

Physical address: 3rd Floor Pier Place, Heerengracht Street, Cape Town, 8000

Phone number: 087 943 2381

Email: neil@lulalend.co.za

Guides

The South African Human Rights Commission (SAHRC) has compiled the guide contemplated in Section 10 of PAIA, which contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA.

Copies of PAIA and POPIA, the relevant regulations and guides to these acts, can be obtained from the SAHRC or the information regulator and queries should be directed to:

The South African Human Rights Commission: 

PAIA Unit 

Braampark Forum 3 

33 Hoofd Street 

Braamfontein 

Phone number: +27 (11) 877 3608 

Fax number: +27 (11) 484 0582 

E-mail: PAIA@sahrc.org.za 

Website: http://www.sahrc.org.za

Records available without having to request access under PAIA:

• any promotional material for public viewing; and
• information relating to Our Solutions.
• Employees do not need to use the PAIA process to obtain the following records:

• records provided by a third party relating to employees;
• conditions of employment and other employee-related contractual and quasi-legal records;
• internal evaluation records and other internal records; 
• correspondence relating to employees; and
• training schedules and material.

Records that You can only access after requesting the records under PAIA

Customer records

• records provided by a customer to a third party acting for or on behalf of Us;
• records provided by a third party; and
• records generated by Us relating to Our customers, including transactional records.

Private records

• Financial records
• Operational records
• Databases
• Information technology
• Internal and external correspondence
• Statutory records
• Internal policies and procedures

Legislation that applies to Us that require record retention include:

• Basic Conditions of Employment Act, 75 of 1997
• Companies Act, 71 of 2008
• Employment Equity Act, 55 of 1998
• Financial Intelligence Centre Act, 38 of 2001
• Income Tax Act, 58 of 1962
• Insurance Act, 18 2017
• Labour Relations Act, 66 of 1995
• Unemployment Insurance Act, 30 of 1966
• Value-Added Tax Act, 58 of 1962

An excerpt of the relevant legislation setting out a description of the records of the group will be provided on request.

POPI

If You want to find out more about the following aspects relating to the processing of personal information, You can access Our Privacy Policy:

• the purpose of the processing personal information;
• a description of the categories of data subjects and of the information or categories of information relating thereto;
• the recipients or categories of recipients to whom the personal information may be supplied;
• planned transborder flows of personal information; and
• a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by Us to ensure the confidentiality, integrity and availability of the information which is to be processed.

How to get access to records

There are two different types of requesters:

Personal requesters

Personal requester is a requester who is seeking access to a record that relates to their personal information.

Other requesters

Other requester is a requester who is seeking access to a record that relates to third parties. 

The requester must fulfil the prerequisite requirements for access in terms of PAIA before We will consider a request for access to records.

If a public body lodges a request, the public body must be acting in the public interest and provide details of the public interest that it is seeking to protect.

Request procedure

The following procedural requirements serve as guidelines for requestors:

• The requester must comply with all the procedural requirements in PAIA relating to the request for access to a record.
• The requester must complete the prescribed form and submit the form to Our information officer.
• The prescribed form must be completed with sufficient detail to at least enable the information officer to identify–

1. the record or records requested;
2. proof of identity of the requester;
3. which form of access is required, if the request is granted; and
4. postal address or email address of the requester.

• The requester must state that the information is required in order to exercise or protect a right, and clearly indicate what the nature of the right is to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such right.
• If a request is made on behalf of another person the requester must state this and submit proof of the capacity the requester is requesting to the reasonable satisfaction of Our information officer.

We will process the request within 30 days from when the request is received and the fee is paid.

We can refuse to provide access to any record if there is a legal obligation on Us to protect information contained in the record.

If You are dissatisfied with Our refusal to grant access, You may, within 30 days of notification of the decision, apply to a competent court for relief.

Third-party records

Where a requester has requested access to information of a third-party, the third-party concerned  must be given 21 days:

• to make representations to refuse access; or 
• to give written consent for the disclosure of the record to the requester.

We will inform both the Requester and the third party if We provide access as requested in the prescribed manner.

Records not found

If all reasonable steps have been taken to find a record and such record cannot be found or the record does not exist, then We will notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.

The affidavit or affirmation will provide a full account of all the steps taken to find the record or determine its existence, including details of all communications by Us with every person who conducted the search.

The above notice will be regarded as a decision to refuse a request for access to the record concerned for purposes of PAIA.