Promotion of Access to Information Act (PAIA) Policy

1. Introduction

This manual is prepared in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000 (“PAIA”). It explains how individuals and juristic persons can request access to information held by Mpowa Finance (Pty) Ltd (“Mpowa”, “we”, “our”, or “us”), in compliance with PAIA and aligned with POPIA (Protection of Personal Information Act 4 of 2013).

2. Contact Information of the Information Officer

3. Guide to Requesting Access to Information

Any person who wishes to request access to records held by Mpowa may use the prescribed PAIA form, attached below.

Requests must:

• Be made in writing using the prescribed forms;
• Clearly identify the requester and, if applicable, the person on whose behalf the request is made;
• Specify the record(s) requested;
• Indicate the preferred format of access;
• Include the applicable request fee as determined by PAIA.

4. Categories of Records Held by Mpowa

Mpowa holds records related to its operations as a fintech/loan-broker, including but not limited to:

1. Corporate Records: Company registration documents, shareholder information, company policies.
2. Customer Records: Personal and financial information provided by customers, including loan applications, agreements, and transaction histories.
3. Employee Records: Employment contracts, payroll, performance, and training records.
4. Operational Records: Internal reports, risk assessments, compliance monitoring, and operational policies.
5. Financial Records: Accounting records, invoices, tax records, audit reports.
6. Legal Records: Legal opinions, correspondence, and contracts with third parties.

Note: Access to certain records may be restricted under PAIA or POPIA, including confidential commercial information, third-party personal information, and records protected by legal privilege.

5. Access Fees

We may charge fees in accordance with PAIA for:

• Requesting records;
• Searching, preparing, and reproducing records; and
• Providing copies in the requested format.

Fees will be communicated in advance, and access will be provided once payment is received.

6. Grounds for Refusal of Access

Mpowa may refuse access to requested records in accordance with PAIA and POPIA, including when:

• Disclosure would infringe the privacy of another individual;
• The record contains confidential commercial information;
• The record is subject to legal privilege;
• The request is manifestly frivolous or vexatious.

Where access is refused, the requester will be notified in writing with reasons and guidance on lodging an appeal.

7. Procedure for Lodging a Complaint

If a requester believes that access to information has been unreasonably refused, they may:

1. Submit a notice of internal appeal to Mpowa’s Information Officer; or
2. Approach the Information Regulator under POPIA/PAIA.

8. Contact Information for the Information Regulator

• Website: https://www.justice.gov.za/inforeg
• Email: [email protected]

9. Record-Keeping and Retention

Mpowa maintains records in line with:

• POPIA retention and security requirements;
• Internal record retention policies; and
• Legal or regulatory obligations.

Records may be retained electronically or physically, with restricted access based on operational and legal requirements.

10. Security and Confidentiality

Access to information is managed securely and confidentially. Only authorised staff members may handle requests.

Mpowa implements appropriate physical, technical, and administrative measures to safeguard records, particularly those containing personal or sensitive information.

11. Third-Party Requests

Where information contains personal or sensitive data about third parties, Mpowa will ensure compliance with POPIA and may seek consent from affected parties before granting access, except where disclosure is required by law.

Legal Disclaimer This Policy may be updated at our discretion. Users are advised to review the latest version regularly.