PAIA MANUALPAIA MANUALThe Promotion Of Access To Information Act

1.

LIST OF ACRONYMS AND ABBREVIATIONS

1.1

“CEO”

Chief Executive Officer

1.2

“DIO”

Deputy Information Officer;

1.3

“IO“

Information Officer;

1.4“Minister”

Minister of Justice and Correctional Services;

1.5“PAIA”

Promotion of Access to Information Act No. 2 of 2000( asAmended;2.

1.6“POPIA”

Protection of Personal Information Act No.4 of 2013;

1.7“Regulator”

Information Regulator; and1.8“Republic”

Republic of South Africa

PURPOSE OF PAIA MANUALThis PAIA Manual is useful for the public to-

2.1

check the categories of records held by a body which are available without a person having tosubmit a formal PAIA request;

2.2

have a sufficient understanding of how to make a request for access to a record of the body,by providing a description of the subjects on which the body holds records and the categories
of records held on each subject;
2|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

2.3

know the description of the records of the body which are available in accordance with anyother legislation;

2.4

access all the relevant contact details of the Information Officer and Deputy Information
Officer who will assist the public with the records they intend to access;2.5

know the description of the guide on how to use PAIA, as updated by the Regulator and how
to obtain access to it;

2.6

know if the body will process personal information, the purpose of processing of personal
information and the description of the categories of data subjects and of the information or
categories of information relating thereto;

2.7

know the description of the categories of data subjects and of the information or categories of
information relating thereto;

2.8

know the recipients or categories of recipients to whom the personal information may besupplied;

2.9

know if the body has planned to transfer or process personal information outside the Republicof South Africa and the recipients or categories of recipients to whom the personal information
may be supplied; and2.10 know whether the body has appropriate security measures to ensure the confidentiality,
integrity and availability of the personal information which is to be processed.

3|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

3.

KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF Midori FX (Pty) Ltd

3.1.

3.2.

3.3

Chief Information Officer
Name:Fransoa Daniel Swart

Tel:

0828934101

Email:

admin@midorifx.com

Deputy Information Officer
Name:Fransoa Daniel Swart

Tel:

0828934101

Email:

admin@midorifx.com

Access to information general contacts
Email:

3.4

support@midorifx.com

National or Head Office

Postal Address: 697 Jacques Street, Moreleta Park, Pretoria, Gauteng, 0181, South Africa

Physical Address: 697 Jacques Street, Moreleta Park, Pretoria, Gauteng, 0181, South Africa

Telephone: 0828934101

Email: support@midorifx.com

Website: https://www.midorifx.com

4.

GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

4.1.

The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available
the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and4|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

manner, as may reasonably be required by a person who wishes to exercise any rightcontemplated in PAIA and POPIA.

4.2.

The Guide is available in each of the official languages and in braille.

4.3.

The aforesaid Guide contains the description of-

4.3.1.

the objects of PAIA and POPIA;

4.3.2.

the postal and street address, phone and fax number and, if available, electronic
mail address of-

4.3.2.1.

the Information Officer of every public body, and4.3.2.2.

every Deputy Information Officer of every public and private bodydesignated in terms of section 17(1) of PAIA1 and section 56 of
POPIA2;4.3.3.

4.3.4.

the manner and form of a request for-4.3.3.1.

access to a record of a public body contemplated in section 113; and4.3.3.2.

access to a record of a private body contemplated in section 504;

the assistance available from the IO of a public body in terms of PAIA and POPIA;

1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of

personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render
the public body as accessible as reasonably possible for requesters of its records.
2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotionof Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy
information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural

requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any groundfor refusal contemplated in Chapter 4 of this Part.
4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

a)
b)
c)

that record is required for the exercise or protection of any rights;
that person complies with the procedural requirements in PAIA relating to a request for access to that record; andaccess to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

5|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

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4.3.5.

the assistance available from the Regulator in terms of PAIA and POPIA;

4.3.6.

all remedies in law available regarding an act or failure to act in respect of a right or
duty conferred or imposed by PAIA and POPIA, including the manner of lodging-

4.3.6.1.

an internal appeal;

4.3.6.2.

a complaint to the Regulator; and4.3.6.3.

an application with a court against a decision by the information officer
of a public body, a decision on internal appeal or a decision by theRegulator or a decision of the head of a private body;

4.3.7.

the provisions of sections 145 and 516 requiring a public body and private body,respectively, to compile a manual, and how to obtain access to a manual;

4.3.8.

the provisions of sections 157 and 528 providing for the voluntary disclosure of
categories of records by a public body and private body, respectively;

4.3.9.

the notices issued in terms of sections 229 and 5410 regarding fees to be paid in
relation to requests for access; and5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manualcontaining information listed in paragraph 4 above.
6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed

in paragraph 4 above.
7 Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of thecategories of records of the public body that are automatically available without a person having to request access
8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a descriptionof the categories of records of the private body that are automatically available without a person having to request access
9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require therequester to pay the prescribed request fee (if any), before further processing the request.
10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to

pay the prescribed request fee (if any), before further processing the request.

6|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

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4.3.10.
4.4.

the regulations made in terms of section 9211.

Members of the public can inspect or make copies of the Guide from the offices of the public
and private bodies, including the office of the Regulator, during normal working hours.

4.5.

4.6

The Guide can also be obtained-

4.5.1.

upon request to the Information Officer;

4.5.2.

from the website of the Regulator (https://www.justice.gov.za/inforeg/).

A copy of the Guide is also available in the following two official languages, for public
inspection during normal office hours-

4.6.1

English

4.6.2

Africaans

11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-(a) any matter which is required or permitted by this Act to be prescribed;(b) any matter relating to the fees contemplated in sections 22 and 54;(c) any notice required by this Act;(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to bemade available in terms of section 15; and(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

7|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

5.

CATEGORIES OF RECORDS OF MIDORI FX (PTY) LTD WHICH ARE AVAILABLEWITHOUT A PERSON HAVING TO REQUEST ACCESS

Available
Category of records

Types of the Record

Corporate Governance

Policies

Operations

Telephone

Websiteon Available
upon request

Xandcommunication

X

records
Public Affairs

Public product information

X

Media Releases
Information technology

Warranties, company information X
and resources.
Industry journals

Marketing
6.

Market informationX

DESCRIPTION OF THE RECORDS OF MIDORI FX (PTY) LTD WHICH ARE
AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

Category of Records

Applicable Legislation

Memorandum of incorporation

Companies Act 71 of 2008

PAIA Manual

Promotion of Access to Information Act 2 of 2000

Employment Equity Act

No 55 of 1998

Income Tax Act

No 95 of 1967

8|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

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Value Added Tax Act

No 89 of 1991

Financial Advisory and Intermediary Services No 37 of 2002
Act
Basic Conditions of Employment Act

No 75 of 1997

Electronic Communications and Transactions No 25 of 2002
Act
Disaster Management Act

No 57 of 2002

Financial Institutions (Protection Of Funds) No 28 of 2001
Act
Financial Intelligence Centre Act

No 38 of 2001

Financial Markets Act

No 19 of 2012

Financial Sector Regulation Act

No 9 of 2017

Financial Services Board Act

No 97 of 1990

Financial Services Ombud Schemes Act

No 37 pf 2004

Occupational Health and Safety Act

No 85 of 1993

Prevention

andCombatingof

Corrupt No 12 of 2004

Prevention of Organized Crime Act

No 121 of 1998

Activities Act

Promotion of Equality and Prevention of No 4 of 2000
Unfair Discrimination Act
ProtectionofConstitutional

Democracy No 33 of 2004

Against Terrorist and Related Activities Act
Protection of Personal Information Act

No 4 of 2013

9|PageMidori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

7.

DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND
CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY MIDORI FX (PTY) LTD

Subjects on which the body

Categories of records

holds records
StrategicDocuments,

Plans, Annual Reports, Strategic Plan, Annual Performance

Proposals

Plan.

Human Resources- HR policies and procedures- Advertised posts- Employees records

8.

PROCESSING OF PERSONAL INFORMATION

8.1

Purpose of Processing Personal Information

The primary purpose for processing personal information is to comply with regulatory
requirements and ensure the integrity of financial transactions. This includes verifying theidentity of clients, assessing their eligibility and appropriateness, and monitoring andpreventing fraudulent activities. Additionally, the processing of personal information
helps in managing and mitigating risks associated with financial transactions, ensuring
compliance with anti-money laundering (AML) and know your customer (KYC)
regulations, and maintaining the overall security and trustworthiness of the financial
services provided.

10 | P a g e
Midori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

8.2

Description of the categories of Data Subjects and of the information or categories of
information relating thereto

Categories of Data

Personal Information that may be processed

Subjects
Customers / Clients

name, address, registration numbers or identity numbers,
employment status and bank details

Service Providers

names, registration number, vat numbers, address, trade
secrets and bank details

Employees

8.3

address, qualifications, gender and race

The recipients or categories of recipients to whom the personal information may besupplied

Category of personal information

Recipients or Categories of Recipients to whom thepersonal information may be supplied

Identity

numberandnames,

for South African Police Services

forqualification South African Qualifications Authority

criminal checks
Qualifications,verifications
Credit and payment history, for credit Credit Bureaus
information

11 | P a g e
Midori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

8.4

Planned transborder flows of personal information
Personal information will be stored on the cloud on Microsoft Azure servers hosted in the
United Kingdom.

8.5

General description of Information Security Measures to be implemented by the
responsible party to ensure the confidentiality, integrity and availability of theinformation

Data Encryption; Anti-virus and Anti-malware Solutions.

9.

AVAILABILITY OF THE MANUAL

9.1

A copy of the Manual is available-

9.1.1

on https://www.midorifx.com

9.1.2

head office of Midori FX (Pty) Ltd for public inspection during normal businesshours;

9.2

9.1.3

to any person upon request and upon the payment of a reasonable prescribed fee; and9.1.4

to the Information Regulator upon request.

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

12 | P a g e
Midori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).

PAIA MANUAL

10.

UPDATING OF THE MANUAL

The head of a Midori FX (Pty) Ltd will on a regular basis update this manual.

Issued by___________________________________________________
Fransoa Daniel Swart
CEO & Director

13 | P a g e
Midori FX (Pty) Ltd is an Authorised Financial Services Provider registered and existing in the Republic of South Africa underregistration number 2023/526901/07 and regulated by the Financial Sector Conduct Authority under license number 53077,
pursuant the Financial Intermediary and Services Act 37 of 2002 (“FAIS’).