Legal
PAIA manual
Draft for attorney review · not yet in force
McBeth Kings (Pty) Ltd
Prepared under section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended), following the Information Regulator’s template for private bodies.
| Date of compilation | ________ 2026 |
| Date of last revision | ________ 2026 |
1 Acronyms and abbreviations
| Term | Meaning |
|---|---|
| “FICA” | Financial Intelligence Centre Act 38 of 2001 |
| “Firm” | McBeth Kings (Pty) Ltd |
| “IO” | Information Officer |
| “Minister” | Minister of Justice and Constitutional Development |
| “PAIA” | Promotion of Access to Information Act 2 of 2000 (as amended) |
| “POPIA” | Protection of Personal Information Act 4 of 2013 |
| “PPA” | Property Practitioners Act 22 of 2019 |
| “PPRA” | Property Practitioners Regulatory Authority |
| “Regulator” | Information Regulator |
| “Republic” | Republic of South Africa |
2 Purpose of this manual
This manual helps the public to:
2.1 see which records of the Firm are available without a formal request
2.2 understand how to request access to a record, and the subjects and categories of records the Firm holds
2.3 see which records are kept under other laws
2.4 find the contact details of the Information Officer, who will help with a request
2.5 learn about the Regulator’s Guide on how to use PAIA, and how to get it
2.6 know whether the Firm processes personal information, why it does so, and the categories of people and information involved
2.7 know who the Firm may share personal information with
2.8 know whether personal information is sent outside the Republic, and to whom
2.9 know how the Firm keeps personal information secure
3 Key contact details
3.1 Information Officer
| Name | Sipho E. Mahayi, Principal (head of the private body) |
| Telephone | 064 048 0426 |
| [email protected] | |
| Fax | None |
3.2 Deputy Information Officer
None has been designated while the Firm is a sole practice with one principal. Requests go to the Information Officer.
3.3 General contact for access to information
Email: [email protected]
3.4 Head office
| Physical address | 9 Tom Van Aardt, Aqua Park, Tzaneen, Limpopo, 0850 |
| Postal address | Same as the physical address |
| Telephone | 064 048 0426 |
| [email protected] | |
| Website | mcbethkings.com |
| Office hours | Weekdays 08:00–17:00 |
3.5 About the Firm
McBeth Kings (Pty) Ltd (CIPC 2025/671230/07) is a property practitioner firm registered with the PPRA (Firm FFC 202614016310000). It markets and sells residential property, places tenants and manages rentals in Tzaneen and Polokwane. The Firm holds no trust account: it is exempt under section 23(2)(b) of the PPA and never receives client money.
4 The Regulator’s Guide on how to use PAIA
4.1 Under section 10(1) of PAIA, the Regulator has updated and published a Guide on how to use PAIA and POPIA.
4.2 The Guide is available in every official language and in braille.
4.3 It describes:
- the objects of PAIA and POPIA
- the contact details of Information Officers and Deputy Information Officers
- how to request access to a record of a public or a private body
- the help available from Information Officers and from the Regulator
- the remedies available, including complaints to the Regulator and applications to court
- the duty to publish manuals, and how to get them
- the voluntary disclosure of records
- the fee notices
- the regulations made under section 92
4.4 You can inspect or copy the Guide at the Firm’s office during office hours, or at the Regulator’s office.
4.5 You can also get the Guide:
- 4.5.1 on request to the Information Officer
- 4.5.2 from the Regulator’s website, inforegulator.org.za
4.6 A copy of the Guide is available for inspection at the Firm’s office in English. Copies in Sepedi or Xitsonga are available on request ⚖.
4.7 This manual, like all the Firm’s documents, is in English. Translations into Sepedi or Xitsonga are available on request.
5 Records available without a request
These records are available to anyone, without a PAIA request (section 52):
| Category | Type of record | On the website | On request |
|---|---|---|---|
| Firm information | Name, registration number, contact details, service area | X | X |
| Regulatory status | PPRA registration; Firm and principal Fidelity Fund certificates (displayed at the office) | X | |
| Privacy | Privacy Notice | X | X |
| Access to information | This PAIA Manual | X | X |
| Services | Description of services; Fee Schedule | X | X |
| Property marketing | Current property adverts | X | |
| Complaints | Complaints procedure | X | X |
6 Records kept under other laws
| Category of record | Law |
|---|---|
| Memorandum of incorporation, director and shareholder records, minutes, accounting records, annual financial statements | Companies Act 71 of 2008 |
| Fidelity Fund certificates, trust-account exemption, mandates, agreements, mandatory disclosure forms, electronic communications and other records | Property Practitioners Act 22 of 2019 and Regulations, 2022 |
| Client due diligence, transaction records, the risk management and compliance programme, and reports | Financial Intelligence Centre Act 38 of 2001 |
| Leases, receipts, inspection reports and deposit records | Rental Housing Act 50 of 1999 |
| Tax returns, invoices and supporting records; VAT records if registered | Tax Administration Act 28 of 2011; Income Tax Act 58 of 1962; Value-Added Tax Act 89 of 1991 |
| Employment records (if staff are employed) | Basic Conditions of Employment Act 75 of 1997; Unemployment Insurance Act 63 of 2001; Compensation for Occupational Injuries and Diseases Act 130 of 1993 |
| Agreements with consumers; direct-marketing records | Consumer Protection Act 68 of 2008 |
| PAIA manual and requests; privacy notice; consents; operator agreements; breach register | PAIA and POPIA |
| Electronic records generally | Electronic Communications and Transactions Act 25 of 2002 |
7 Subjects and categories of records
| Subject | Categories of records |
|---|---|
| Company and governance | Incorporation documents, MOI, share register, resolutions, CIPC filings, B-BBEE documents |
| Regulatory and compliance | PPRA registration and FFCs, the exemption letter and sworn affidavit, CPD records, FICA RMCP, goAML records, POPIA and PAIA records, payment-processor (PayProp) compliance documents |
| Finance and tax | Invoices, the Firm’s own bank statements, accounting records, AFS and the independent review report, tax returns |
| Sales | Mandates, mandatory disclosure forms, marketing plans, market opinion letters, offers to purchase, correspondence with conveyancers and bond originators |
| Rentals | Rental mandates, tenant applications, credit and reference checks, affordability worksheets, leases, inspection reports and photos, key registers, PayProp statements, arrears and deposit-refund records, maintenance records |
| Clients (FICA) | Client due diligence forms and verification documents, risk ratings, screening results |
| Communications | Emails, WhatsApp chats, letters, call notes |
| Marketing | Adverts, photos, website content, marketing consents, the do-not-ask list |
| Website | Form submissions, analytics reports (aggregated) |
| Suppliers and operators | Contracts, operator agreements, invoices |
| Human resources | Employment contracts, payroll, leave, candidate supervision records, job applications (if any) |
Note: listing a category does not mean a record will be released. Each request is decided under PAIA (sections 10 and 11 below).
8 Processing of personal information (POPIA)
8.1 Purpose of processing
The Firm processes personal information to:
- market, sell and let property under its mandates
- assess tenants and buyers for its clients
- prepare and manage agreements
- comply with FICA, the PPA, tax and other laws
- keep records
- protect clients from fraud
- answer enquiries
- send marketing to people who have consented
- run the business
Details and lawful bases are in the Privacy Notice.
8.2 Categories of data subjects and their information
| Data subjects | Personal information that may be processed |
|---|---|
| Landlords and sellers (individuals) | Names, ID or passport numbers, contact details, addresses, marital status and spouse details, bank details, tax numbers, title and bond details, FICA documents and screening results |
| Landlords and sellers (companies, trusts, partnerships) | Registration details, directors, trustees, members, beneficial owners and signatories, resolutions, bank and tax details |
| Tenants and applicants | Identity and permit details, contact details, address history, employment and income, payslips and bank statements, credit reports, references, household size and children’s ages, pets and vehicles, lease and payment records, inspection photos |
| Buyers | Identity, contact and marital details, source of funds, bond or proof-of-funds documents, FICA documents |
| Related persons | Spouses, sureties, referees, emergency contacts, beneficial owners: names, ID numbers, contact details |
| Website visitors and enquirers | Names, contact details, property addresses, messages, marketing choices; technical data processed by hosting providers |
| Job applicants and staff | CVs, qualifications, ID, PPRA status, references, employment and payroll records |
| Suppliers and contractors | Names, contact details, business details, bank details |
8.3 Recipients of personal information
| Category of information | Recipients |
|---|---|
| Applicant identity details, for credit checks | Registered credit bureaus (such as TPN) |
| Applicant and buyer assessments | The landlord or seller the Firm acts for |
| Lease, landlord and tenant details, for rent processing | PayProp (managed rentals only) |
| Seller and buyer details, sale agreements | Conveyancers and bond originators chosen by the clients |
| FICA records and reports | Financial Intelligence Centre; PPRA (inspections) |
| Records needed under law | PPRA, SARS, the Information Regulator, the Rental Housing Tribunal, courts, SAPS |
| Stored and processed data | Operators (cloud, email, website, software providers) under written agreements |
| Advice and review | The Firm’s attorney and independent reviewer |
8.4 Planned transfers outside the Republic
Some personal information is stored with cloud providers whose servers may be outside the Republic. The Firm uses only providers bound by laws, binding rules or agreements that give protection substantially similar to POPIA (section 72).
| Provider | Information | Country |
|---|---|---|
| Microsoft (OneDrive) | Client files | to confirm |
| The Firm’s web host (cPanel reseller hosting, rs63.cphost.co.za) | South Africa (Johannesburg data centre, confirmed 5 Oct 2026) | |
| Meta (WhatsApp) | Messages and documents sent by WhatsApp | Outside South Africa |
| Cloudflare | Website visitor technical data | Global, mainly the USA |
| n8n server host (behind Cloudflare) | Website form submissions | host and country to confirm |
8.5 Information security measures
The Firm’s measures (procedure A08) include:
- full-disk encryption and screen locks on all devices
- unique passwords in a password manager
- two-factor authentication on every account
- access limited to the principal
- encrypted connections (HTTPS) for the website and forms
- automatic security updates and anti-malware
- monthly encrypted backups
- locked storage and a clean-desk rule for paper
- cross-cut shredding and certified destruction
- written operator agreements
- a breach-response plan with notification to the Regulator through its eServices portal
9 How to request access to a record
9.1 Who may ask: any person, for a record that is required for the exercise or protection of any right (section 50). You need not be a client.
9.2 Your own personal information:
- You may ask whether the Firm holds information about you. That confirmation is free (POPIA s23).
- For a copy of the record, follow this section. The Information Officer will help you.
9.3 The form: use Form 2 (“Request for access to record”) prescribed under the PAIA Regulations, 2021. It is available:
- from the Regulator’s website
- from the Information Officer
- at the office
9.4 On the form, give:
- enough detail to identify the record
- the form of access you want (copy, inspection, email)
- your postal or email address
- which right you want to exercise or protect, and why the record is needed for it
- if you ask for someone else, proof of your authority
9.5 Send it to the Information Officer by email ([email protected]), by hand at the office, or by post.
9.6 Help: if you cannot read or write, or have a disability, you may make the request orally. The Information Officer will complete the form for you and give you a copy.
9.7 Time limits:
- the Firm decides within 30 days of receiving a complete request
- it may extend this once, by up to 30 more days, in the cases section 57 allows, and will tell you why
- no decision within the time limit is treated as a refusal (section 58)
9.8 Third parties: if the record concerns another person, the Firm tells them and gives them 21 days to make representations before deciding (section 71).
9.9 The decision is given in writing. If access is granted, you are told the access fee and the form of access. If it is refused, you are told the reasons, and that you may complain to the Regulator or apply to court.
10 Fees
Prescribed by Annexure B of the PAIA Regulations, 2021, for private bodies. The figures were checked against the Regulator’s published fee structure on 4 October 2026.
| Item | Fee |
|---|---|
| Request fee (not payable by a person asking for their own personal information) | R140.00 |
| Photocopy or printed copy, per A4 page or part | R2.00 |
| Copy on a flash drive or CD supplied by the requester | R40.00 |
| Copy on a CD supplied by the Firm | R60.00 |
| Transcription of audio, per A4 page | R24.00 |
| Copy of an audio recording on flash drive or CD | R40.00 / R60.00 |
| Search and preparation, per hour or part, after the first hour | R145.00, capped at R435.00 |
| Deposit where search and preparation is expected to take more than 6 hours | One third of the access fee |
| Postage, email or electronic transfer | Actual cost |
10.1 The request fee is paid before the request is processed.
10.2 The access fee is paid before access is given.
10.3 Fees are paid by EFT into the Firm’s own business account, details supplied on the fee notice. These are the Firm’s own fees, not client money ⚖.
10.4 A copy of this manual itself costs R2.00 per A4 page. It is free on the website.
10.5 Some requesters may be exempt from fees under the Regulations ⚖.
11 Grounds for refusal
The Firm may, or in some cases must, refuse access where PAIA allows. The grounds include:
| Section | Ground |
|---|---|
| 63 | Privacy of a third party who is a natural person: disclosure would be unreasonable |
| 64 | Commercial information of a third party: trade secrets, or financial, commercial or technical information whose disclosure could cause harm |
| 65 | Confidential information of a third party, given in confidence or protected by agreement |
| 66 | Safety of individuals and protection of property |
| 67 | Legal privilege: records privileged from production in legal proceedings |
| 68 | The Firm’s own commercial information: trade secrets, or information whose disclosure could harm its commercial interests |
| 69 | Research information of the Firm or a third party |
11.1 Records that do not exist, or cannot be found after a reasonable search, are confirmed by affidavit (section 55).
11.2 Public interest override (section 70). The Firm must release a record, despite these grounds, where:
- it would reveal a serious breach of the law, or an imminent and serious public safety or environmental risk, and
- the public interest clearly outweighs the harm.
11.3 FICA reports. The Firm will not disclose anything that reveals whether a report has been, or will be, made to the Financial Intelligence Centre ⚖.
11.4 Requests during litigation. PAIA does not apply to a record requested for criminal or civil proceedings after they have started, where other law provides for its production (section 7).
12 Remedies
12.1 There is no internal appeal against a decision of a private body.
12.2 If you are unhappy with a decision (a refusal, the fees, an extension, or the form of access), you may, within 180 days of the decision:
- complain to the Information Regulator (section 77A): [email protected], or
- apply to court (section 78)
Information Regulator
| Address | Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191 |
| Phone | 010 023 5200 · Toll-free 0800 017 160 |
| PAIA complaints | [email protected] |
| POPIA complaints | [email protected] |
| General | [email protected] |
| Website | inforegulator.org.za |
13 Availability of the manual
13.1 A copy of this manual is available:
- 13.1.1 on mcbethkings.com/legal/paia
- 13.1.2 at the Firm’s office, for public inspection during office hours
- 13.1.3 to any person on request, at the fee in section 10.4
- 13.1.4 to the Information Regulator on request
14 Updating the manual
14.1 The Information Officer reviews this manual every year in January, and whenever the Firm’s details, records or providers change.
14.2 The Firm submits its PAIA annual report to the Regulator when requested (due by 30 June).
Issued by
Sipho E. Mahayi Principal and Information Officer, McBeth Kings (Pty) Ltd Date: ________