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PAIA POLICY

NAVIGATE UNDERWRITING MANAGERS (PTY) LTD

ABOUT NAVIGATE

Our name reflects more
than just direction

Navigate embodies resilience, foresight, and mastery over risk. We offer the strength and security of OMART, one of Africa’s most trusted financial institutions, paired with the agility and personal service of our team of specialists.

PROMOTION OF ACCESS TO INFORMATION MANUA

Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000. 

This Manual applies to NAVIGATE UNDERWRITING MANAGERS (PTY) LTD (hereafter referred to as “NAVIGATE”).

List of Acronyms and Abbreviations

  • “CEO” Chief Executive Officer
  • “DIO” Deputy Information Officer
  • “Data Subject” Person to whom the personal information relates
  • “IO“ Information Officer
  • “MD ” Managing Director
  • “Minister” Minister of Justice and Correctional Services
  • “PAIA” Promotion of Access to Information Act No. 2 of 2000 (as Amended
  • “POPIA” Protection of Personal Information Act No.4 of 2013
  • “Private Body” A natural person, partnership or any former or existing juristic person who carries or has carried on any trade, business or profession
  • “Regulator” Information Regulator of South Africa, and
  • “Republic” Republic of South Africa
PURPOSE OF THE PAIA MANUAL

This guide to accessing records held by Navigate is intended to provide guidelines to members of the public who wish to exercise their constitutional right to access to information.

Below is information on how to lodge a request, a description of the types of records that will be made available, grounds for refusal, what procedure will be followed in considering a request, the applicable fee structure and information on the appeals procedure should the outcome of a request not satisfy the requester.

INTRODUCTION

Navigate conducts business as a Financial Services Provider. We are a registered financial services provider with the Financial Sector Conduct Authority (FSCA). Our FSCA licence number is: 43993

The Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information in records held by private bodies that is required for the exercise or protection of any rights. The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. The Act sets out the requisite procedural issues attached to a request for access to information, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request.

This manual informs requesters of procedural and other requirements which requests must meet as prescribed by the Act.

The Act recognises that the right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

CONTACT DETAILS AND INFORMATION

All requests for access to records in terms of the Act must be in writing and must be addressed to the Information Officer at the below contact details: 

Information Officer:
Russell Duvenhage
Physical Address: Nautica House, Office 2B 105 Leslie Avenue, Fourways, 2068
Tel: +27 11 5916900
Email: russell@navigateum.com
Website: www.navigateum.com

Deputy Information Officer:
Dominique Potgieter
Physical Address: Nautica House, Office 2B 105 Leslie Avenue, Fourways, 2068
Tel: +27 11 5916900
Email: dominique@navigateum.com
Website: www.navigateum.com

Access to Information General Contacts
Email: info@navigateum.com

PURPOSE OF PROCESSING PERSONAL INFORMATION

We collect personal information to be able to provide financial services for the marketing and assisting individuals with their financial services product requirements. We also process personal information for employment of staff and outsourcing of specialised services.

RECORDS OF APPLICABLE LEGISLATION WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION:
A table of legislation setting out a description of the records of NAVIGATE which are available in accordance with other legislation:

NoRefAct
1No 71 of 2008Companies Act
2No 95 of 1967Income Tax Act
3No 66 of 1995Labour Relations Act
4No 89 of 1991Value Added Tax Act
5No 75 of 1997Basic Conditions of Employment Act
6No 25 of 2002Electronic Communications and Transactions Act
7No 2 of 2000Promotion of Access of Information Act
8No 54 of 2002Promotion of Access of Information Amendment Act
9No 30 of 1996Unemployment Insurance Act
10No 78 of 1998National Payment System Act
11No 38 of 2001Financial Intelligence Centre Act
12No 85 of 1993Occupational Health and Safety Act
13No 9 of 1999Skills Development Levies Act
14No 4 of 2013Protection of Personal Information Act
15No 26 of 2000Protected Disclosures Act
16No 130 of 1993Compensation for Occupational Injuries and Diseases Act
17No 12 of 2004Prevention and Combating of Corrupt Activities Act
18No 53 of 2003Broad Based Black Economic Empowerment Act
19No 36 of 2005Electronic Communications Act
20No 37 of 2002Financial Advisory and Intermediary Services Act
21No 68 of 2008Consumer Protection Act
22No 55 of 1998Employment Equity Act
23No 18 of 2017Insurance Act
24No 34 of 2005National Credit Act
25No 68 of 1969Prescription Act
CATEGORY OF RECORDS OF NAVIGATE AVAILABLE WITHOUT REQUIRING ACCESS REQUEST

Navigate has under its control or in its possession the following categories of records under the subjects described below. The categories of records are not exhaustive and are subject to amendment from time to time. A request made for access to these records will not be automatically granted but will be evaluated in accordance with the provisions of the Act, any other legal requirements, and Navigates’ policies.

Category of recordType of recordAvailable on websiteAvailable on request
Governance & FAIS DisclosuresComplaints Management Framework.
Conflict of Interest Policy
Treating Customers Fairly Policy		XX
FormsProposal Forms
Claim Forms		XX
MarketingProduct offerings
External newsletters and circulars
Internal newsletters and circulars
Information on the company published by third parties		XX

SUBJECTS ON WHICH NAVIGATE HOLDS RECORDS

Subjects on which Navigate holds recordsCategories of records
Company Secretarial RecordsCompany incorporation documents
Names of directors
Salaries of directors
FinancialFinancial statements
Management accounts
Financial and Tax records (Company & Employee)
Asset Register
Statutory returns
Financial agreements
Banking details
Human ResourcesHR policies, procedures and records
Statutory Employee records
Performance records
Key Individual & Representative register
Payroll records
Recruitment and Termination
List of employees
Personal information of employees
Employee contracts of employment
Pension funds & Provident Fund
Leave records
Insurance of CompanyInsurance policies held by the company
Asset register
MarketingCustomer database
Marketing strategy
Client RecordsKey Individual & Representative Registers
Accounts
Monitoring Reports
Financial Statements
Documented policies and procedures
Profile changes
CIPC documents
Licence certificates
Qualifications
Complaints
Contact details of individuals within customers
Communications with customers
Company Policies and DirectivesInternal relating to employees and the company
External relating to clients and other third parties
Agreements or ContractsStandard agreements
Contracts concluded with customers
NDAs
Letters of Intent, MOUs
Third party contracts such as JV agreements, other agreements etc.)
Office management contracts
Supplier contracts
RegulatoryLicenses or Authorisations
CATEGORIES OF DATA SUBJECTS AND INFORMATION
Categories of Data SubjectsTypes of Personal Information Processed
Customers / ClientsName, surname, address, registration numbers, identity numbers, identity documents, bank details, cellphone numbers, email addresses, financial statements, application forms, VAT numbers, Telephone numbers, website address
Service ProvidersNames, registration number, VAT numbers, Address, email address, cellphone number, Telephone number and bank details
EmployeesAddress, qualifications, gender, race, identity numbers, passport numbers, bank account details, leave records
THE RECIPIENTS OR CATEGORIES OF RECIPIENTS TO WHOM THE PERSONAL INFORMATION MAY BE SUPPLIED
Category of personal informationRecipients or Categories of Recipients to whom the personal information may be supplied
ID and / or passport numbersRegulatory Authorities in South Africa – Financial Services Conduct Authority (FSCA), Financial Intelligence Centre (FIC), South Africa Revenue Services (SARS) Financial Services Providers (FSPs), Department of Labour (DL), Accounting service provider, Verification agencies
Email addressMarketing service provider, FSCA
VAT numbersSARS, Accounting service provider
PayrollPayroll service provider, Banks
Representative RegistersFSCA, FSPs
Company Registration numbersFSCA, CIPC, Accounting service providers
Telephone and Cellphone NumbersFSCA, FIC, FSPs, CIPC, Accounting service providers
AddressesFSCA, SARS, Accounting service providers
Bank Account details for payment details and FAIS RegistrationClients, FSCA, Accounting service providers
FSP service providers (accounting officers and auditors)FSCA
PLANNED TRANSBORDER FLOWS OF PERSONAL INFORMATION

Navigate stores records in data centres in South Africa and Ireland.

GENERAL SECURITY MEASURES IMPLEMENTED BY THE RESPONSIBLE PARTY TO ENSURE THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF THE INFORMATION

To safeguard personal information, Navigate has implemented various state of the art security measures and ensures these are maintained and upgraded.

THE FOLLOWING NEED TO BE CONSIDERED BEFORE SUBMISSION OF A REQUEST FOR INFORMATION:

Is the Request Submitted to Exercise or Protection of a Requester’s Legitimate Rights?
The exercise of a requester’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance. This legislation may not be used for access to a record for criminal or civil proceedings or requested after the commencement of such proceedings.

Is the Information Under the Control of Navigate?
The Act only applies to records that have already been created, at the date of the request, and that are under the control of Navigate. Navigate is not obliged to retrieve any records on behalf of a requester that are no longer under its control, even where Navigate created the record. 

Does the Requester have a Legitimate Right to Access the Record?
A request may only be made to exercise a requester’s own right, or where the request is made on behalf of another person, the requester must submit proof of their capacity to act on behalf of the person in whose name the request is made.

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main grounds for Navigate to refuse a request for information relates to the:

  • mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person,
  • mandatory protection of the commercial information of a third party, if the record contains:
    • trade secrets of that third party,
    • financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party,
    • information disclosed in confidence by a third party to Navigate, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition,
  • mandatory protection of confidential information of third parties if it is protected in terms of any agreement,
  • mandatory protection of the safety of individuals and the protection of property,
  • mandatory protection of records which would be regarded as privileged in legal proceedings,
  • the commercial activities of Navigate, which may include:
    • trade secrets of Navigate,
    • financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Navigate,
    • information which, if disclosed could put Navigate at a disadvantage in negotiations or commercial competition, and
    • a computer program which is owned by Navigate, and which is protected by copyright.

Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused. 

INTERNAL REMEDIES
Navigate does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

EXTERNAL REMEDIES

Subject to the provisions of the Act, a requester that is dissatisfied with an Information Officer’s refusal to disclose information, may within 180 days of notification of the decision, apply to a Court for relief.
Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 180 days of notification of the decision, apply to a Court with appropriate jurisdiction for relief.

REQUEST PROCEDURE
  • The following procedural requirements serve as guidelines for requesters,
  • The requester must also comply with all the procedural requirements contained in the Act relating to the request for access to a record,
  • The requester must complete the prescribed form and submit same as well as payment of a request fee and a deposit, if applicable to the Information Officer at the postal or physical address, fax number or electronic mail address as stated above,
  • The prescribed from must be filled in with enough particularity to at least enable the Information Officer to identify:
    • The record or records requested,
    • The identity of the requester,
    • Which form of access is required, if the request is granted,
    • The requester (and if an agent is lodging the request, proof of capacity),
    • The postal address or fax number of the requester,
  • The requester must state the nature of the right for which access to the requested records is required. The courts have indicated that access to the records must be “necessary” for the exercise or protection of the right so stated,
  • Subject to the provisions in the Act in respect of extensions, Navigate will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with,
  • The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required,
  • If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer,
  • If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made. 

THE REQUESTER MUST PAY THE PRESCRIBED FEE BEFORE ANY FURTHER PROCESSING CAN TAKE PLACE.
DescriptionCost per A4-size page or part thereof/itemNumber of pages/itemsTotal
The request fee payable by every requesterN/AN/AR140.00
Photocopy / printed black & white copy of A4-size pageR2.00  
Printed copy of A4-size pageR2.00  
For a copy in a computer-readable form on:
a) Flash drive – to be provided by requester
b) Compact disc – (i) if provided by requester
    (ii) if provided to the requester		R40.00
(i) R40.00
(ii) R60.00		  
For a transcription of visual images per A4-size pageService to be outsourced. Will depend on quotation from Service provider.  
Copy of visual images.   
Transcription of an audio record, per A4-size pageR24.00  
Copy of an audio record.
(i) Flash Drive – to be provided by requester
(ii) Compact disc – (i) if provided by requester
    (ii) If provided to the requester		R40.00
R40.00
R60.00		  
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.
To not exceed a total cost of		R145.00
R435.00		  
A deposit if payable if search exceeds 6 hoursAmount of deposit (calculated on one third of total amount per request).Hours of search 
Postage, email or any other electronic transferActual costs if any  

If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester. 

ACCESS TO RECORDS HELD BY NAVIGATE
  • Records held by Navigate may be accessed by requests only once the prerequisite requirements for access have been met,
  • A requester is any person making a request for access to a record of Navigate. There are two types of requesters:

Personal Requester

  • A personal requester is a requester who is seeking access to a record containing personal information about the requester,
  • Subject to the provisions of the Act and applicable law, Navigate will provide the requested information, or give access to any record about the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.

Other Requester

  • This requester (other than a personal requester) is entitled to request access to information on third parties. However, Navigate is not obliged to grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

Decision

  • Navigate will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect,
  • The 30-day period within which Navigate has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the request is for a large number of information, or the request requires a search for information held at another office of Navigate and the information cannot reasonably be obtained within the original 30-day period. Navigate will notify the requester in writing should an extension be sought. 
AVAILABILITY OF THE MANUAL

This manual is made available in terms of Regulation Number R. 187 of 15 February 2002.
A copy of the Manual is available:

  • on https://www.navigateum.com/ from the head office of Navigate for public inspection during normal business hours,
  • to any person upon request and upon the payment of a reasonable prescribed fee, and
  • to the Information Regulator upon request.
UPDATING OF THE MANUAL

The Information Officer of Navigate will on a regular basis update this manual.

Issued by

RUSSELL DUVENHAGE 
Chief Executive Officer & Key individual

At Navigate Underwriting Managers, we combine specialist knowledge with a commitment to integrity, clarity, and long-term partnerships.