PAIA MANUAL
1. Introduction
The Promotion of Access to Information Act, No 2 of 2000 (“the Act”) was enacted on the 3rd of February 2000, giving effect to the constitutional right of access to any information held by the State and any information held by another person and that is required for the exercise or protection of any rights.
Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request.
This Promotion of Access to Information Manual (“Manual”) provides an outline of the type of records and the personal information it holds and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA).
The South African Human Rights Commission has compiled a guide, as contemplated in Section 10 of PAIA, which contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in said Act.
The Information Regulator, under the Department of Justice and Constitutional Development, took over the regulatory mandate functions relating to the Promotion of Access to Information Act (“PAIA”) from the SA Human Rights Commission (“SAHRC”), effective from 1 July 2021. This is in line with a proclamation by the President of sections 110 and 114(4) of the Protection of Personal Information Act (“POPIA”) which allows for an amendment of PAIA and the transfer of certain functions from the SAHRC to the Information Regulator.
Information Regulator
JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
Website: www.justice.gov.za/inforeg/index.html
PAIA complaints e-mail: PAIAComplaints@inforegulator.org.za (should your PAIA request be denied or there is no response from a public or private bodies for access to records you may use this email address to lodge a complaint.
POPIA complaints email: POPIAComplaints@inforegulator.org.za (should you feel that your personal information has been violated, you may use this e-mail address to lodge a complaint).
General enquiries: enquiries@inforegulator.org.za
2. Purpose of the Manual
This manual is intended to foster a culture of transparency and accountability by giving effect to the right to information that is required for the exercise and/or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to fully exercise and protect their rights.
To promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies.
Section 9 of the Act, however, recognises that such 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.
* Effective, efficient, and good governance; and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
3. Institution Details
Name of Institution: Nosihle Telecommunications
Status: Private Body
Postal Address: P. O. Box 392411, Bramley, Johannesburg, 2018
Physical Address: 49 Alma Road, Wendywood, Johannesburg, 2090
Head of Institution: Jabulani Makwe – Managing Director
Deputy Information Officer Details: Lebogang Makwe
Email: paiaofficer@nosihle.co.za
Telephone number: 087 088 1997
Website: www.nosihle.co.za
4. Applicable Legislation
Applicable legislation (not exhaustive list)
Records are kept in accordance with such other legislation as is applicable to Nosihle Telecommunications which includes but is not limited to the following legislation:
* Promotion of Access to Information Act 2 Of 2000
* Close Corporation Act 69 1984
* Close Corporations Act 26 1988
* Labour Relations Act 66 of 1995
* Basic Conditions of Employment Act 75 of 1997
* Employment Equity Act 55 of 1998
* Skills Development Levies Act 9 of 1999
* Unemployment Insurance Act 63 of 2001
* Compensation for Occupational Injuries and Diseases Act 130 of 1993
* Income Tax Act 58 of 1962
* Protection of Personal Information Act 4 of 2013.
5. Records that may be Requested
The information is classified and grouped according to records relating to the following subjects and categories:
a) Personnel Records
* Personal records provided by personnel
* Records provided by a third party relating to personnel
* Conditions of employment and other personnel-related contractual and quasi-legal records
* Internal evaluation records and other internal records
* Correspondence relating to personnel
* Training schedules and material
“Personnel” refers to any person who works for, or provides services to or on behalf of Nosihle, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Nosihle. This includes, without limitation, directors, all permanent, temporary, and part-time staff, as well as contract workers.
b) Customer Related Records
* Records provided by a customer to a third party acting for or on behalf of Nosihle.
* Records provided by a third party.
* Records generated by or within Nosihle relating to its customers, including transactional records.
A “customer” refers to any natural or juristic entity that receives services from Nosihle.
c) Private Body Records
* Financial Records
* Operational Records
* Databases
* Marketing Records
* Internal Correspondence
* External Correspondences
* Product Records
* Statutory Records
* Internal Policies and Procedures
* Legal Agreements and Records
* Records held by officials of Nosihle
These records include, but are not limited to, the records which pertain to Nosihle’s own affairs.
d) Website
Our website address is www.nosihle.co.za and is accessible to anyone who has access to the internet. The website contains various categories of information relating to Nosihle.
e) Other Party Records
* Personnel, customer, or private body records which are held by another party, as opposed to the records held by Nosihle itself.
* Records held by Nosihle pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
Nosihle may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to Nosihle.
6. The Request Procedures
6.1 Access to records held by Nosihle may be accessed by requesters only once the prerequisite requirements for access have been met.
a) A requester is any person making a request for access to the records of or held by Nosihle.
There are two types of requesters:
i) Personal Requester
A personal requester is a requester who is seeking access to a record containing personal information about the requester. Nosihle will voluntarily provide the requested information or give access to any record with regard to the requester’s personal information. No access fee for reproduction of the information shall be payable.
ii) Other Requester
This requester (other than a personal requester) is entitled to request access to information on third parties. However, Nosihle is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act. No access fee for reproduction of the information shall be payable.
b) Form of request
The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record being:
* The requester must use the prescribed form (enclosed herewith in Annexure A) to make the request for access to a record.
* The request should be made to the Information Officer at the address, fax number or electronic mail address as stated in “Part I” above.
* For other requester other than the personal requester the following email address should be use: ThirdPartyRequests@nosihle.co.za.
c) The prescribed form must be filled in with sufficient detail to enable
* The record or records requested
* The identity of the requester
* Which form of access is required
* The postal address or fax number of the requester
* The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
d) Nosihle will process the request within 30 (thirty) days, unless the requestor has stated special reasons, which would satisfy the Information Officer that circumstances dictate that the above time period not be complied with.
e) 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.
f) If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
g) If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
6.2 Decision
a) Nosihle will, within 30 (Thirty) days of receipt of the request, decide whether to grant or decline the requests and give notice with reason (If required) to that effect.
b) The 30 (thirty) day period with which Nosihle has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 (thirty) days if the request is for a large number of information, or the request requires a search for information and the information cannot reasonably be obtained within the initial 30 (thirty) day period. Nosihle will notify the requester in writing should an extension be sought.
6.3 Grounds for refusal
The main grounds for Nosihle to refuse a request for information may amongst others relate 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 a third party.
- Information disclosed in confidence by a third party to Nosihle if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
* Mandatory protection of confidential information 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 Nosihle, which may amongst others include:
- Trade Secretes of Nosihle.
- Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of Nosihle.
- Information, which if disclose, could put Nosihle at a disadvantage in negotiations or commercial competition.
* A computer program which is owned by Nosihle, and which is protected by copyright.
* The research information of Nosihle or a third party, if its disclosure would disclose the identity of Nosihle, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
6.4 Remedies available when access to information is refused by Nosihle:
a. Internal Remedies
* Matters which are refused may be escalated to the Information Officer by sending an email directly to:
Information Officer: Jabulani Makwe
Email: PAIAOfficer@nosihle.co.za.
Any decision made by the Information Officer is final. Should the requestor not be satisfied with the answer supplied by the Information Officer, he/she should exercise the external remedies at their disposal.
b. External Remedies
A requestor being either a personal requester or any other requester that is dissatisfied with an Information Officer’s refusal to disclose information may within 30 (thirty) days of notification of the decision, apply to a Court for relief.
7. Availability of this Manual
* This manual is available for inspection by the public upon request, during office hours and free of charge at the offices of Nosihle Telecommunications.
* This manual is also published on Nosihle’s website referred to above.
8. Annexure A
PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
[Regulation 10]
A. PARTICULARS OF PRIVATE BODY
The Information Officer: Nosihle Telecommunications cc
B. PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORD
Full Names and Surname / Full Company Name ________________________________________________
Identity / Registration Number ________________________________________________________________
Physical Address ________________________________________________________________________
________________________________________________________________________
Postal address ________________________________________________________________________
________________________________________________________________________
Telephone number ____________________________ Fax number: ________________________
E-mail address _____________________________
Contact Person (for Company or other entity) _______________________
Capacity in which request is made, when made on behalf of another person
____________________________________________________________
Attach power of attorney hereto
C. PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADE (AFRICAN BANK CUSTOMER DETAILS)
Full names and surnames________________________________________
Identity number: _______________________________________________
D. PARTICULARS OF RECORD
(a) Provide full particulars of the record to which access is requested, including the reference number if you know that, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record required (copy, original, dated, stamp)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Reference number_______________________________________________________
3. Any further particulars of record: ___________________________________________
________________________________________________________________________
________________________________________________________________________
E. FORM OF ACCESS TO RECORD
NOTES:
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case, you will be informed if access will be granted in another form.
F. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED:
NOTES:
If the provided space is inadequate, please continue of a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which rights are to be protected:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
2. Explain why the requested record is required for the exercising or protection of the aforementioned right:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
G. NOTICE OF DECISION REGARDING REQUEST FOR ACCESS:
NOTES:
You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner, and provide the necessary particulars to enable compliance with your request.
1. How would you prefer to be informed of the decision regarding your request for access to the record?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Signature: ..…………………………………..
Signed at…………………………… on this………… day of …………………………… 20….
Company stamp / Identification: