PAIA & POPIA Manual

Access to Information and Protection of Personal Data Framework

SECTION 1: INTRODUCTION AND PURPOSE

This Manual is prepared in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA) and the Protection of Personal Information Act, No. 4 of 2013 (POPIA) for CHERRY RAIN.

PAIA gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. POPIA provides for the protection of personal information and the right to privacy.

SECTION 2: CONTACT DETAILS (Section 51(1)(a))

  • Name of Private Body: CHERRY RAIN
  • Information Officer: Head of Risk & Compliance
  • Physical Address: Johannesburg, South Africa
  • Email: compliance@cherryrain.com

SECTION 3: THE SECTION 10 GUIDE

A Guide has been compiled by the Information Regulator in terms of Section 10 of PAIA. The Guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA. The Guide is available in all official languages and can be obtained from the Information Regulator’s website at https://inforegulator.org.za.

SECTION 4: RECORDS HELD IN ACCORDANCE WITH LEGISLATION

CHERRY RAIN maintains records in accordance with the following legislation (where applicable):

  • Companies Act No. 71 of 2008
  • Income Tax Act No. 58 of 1962
  • Value Added Tax Act No. 89 of 1991
  • FICA Act No. 38 of 2001
  • Electronic Communications and Transactions Act No. 25 of 2002
  • Promotion of Access to Information Act No. 2 of 2000
  • Protection of Personal Information Act No. 4 of 2013

SECTION 5: CATEGORIES OF RECORDS HELD (Section 51(1)(e))

CHERRY RAIN holds records in the following categories, though access may be restricted based on confidentiality and legal privilege:

  • 5.1 Internal Operational Records: Board minutes, internal policies, transaction registers, and corporate governance frameworks.
  • 5.2 Financial Records: Annual financial statements, VAT records, and institutional banking details.
  • 5.3 Transaction Records: Memoranda, credit enhancement structures, insurance-linked documentation, and issuer due diligence files.
  • 5.4 Information Technology: Software licenses, security logs, and business continuity plans.

SECTION 6: THE REQUEST PROCEDURE

To request access to a record, the requestor must use the prescribed Form 2. The request must be addressed to the Information Officer. The requestor must provide sufficient detail to enable the Information Officer to identify the record and the requestor. The requestor must also specify the right that is being exercised or protected and provide an explanation as to why the requested record is required for that purpose.