Promotion of Access to Information Act: Section 51 Manual
Table of Contents
This Manual has been prepared in accordance with section 51 of the Act and aims to facilitate a Request for access to a Record held by a private body that is required for the exercise or protection of any rights.
Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –
“Act” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;
“Company” means SA-Gateway Internet Service Provider (PTY)LTD as more fully described in the overview hereunder;
“Information Officer” means the person acting on behalf of the Company and discharging the duties and responsibilities assigned to the head of the Company by the Act. The Information Officer is duly authorised to act as such and such authorisation has been confirmed by the “head” of the Company in writing;
“Manual” means this manual published in compliance with Section 51 of the Act;
“Record” means any recorded information, regardless of form or medium, which is in the Possession or under the control of the Company, irrespective of whether or not it was created by the Company;
“Request” means a request for access to a Record of the Company;
“Requestor” means any person, including a public body or an official thereof, making a Request for access to a Record of the Company and includes any person acting on behalf of that person; and
“SAHRC” means the South African Human Rights Commission.
Unless a contrary intention clearly appears, words signifying:-
the singular includes the plural and vice versa;
any one gender includes the other genders and vice versa; and
natural persons include juristic persons.
Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.
OVERVIEW OF THE COMPANY
SA-Gateway Internet Service Provider (PTY)LTD is a Company incorporated in accordance with the company laws of South Africa.
Founded in 2001 and provides Internet access, hosting service, cloud and cyber security services.
The Chief Executive of the Company, as head of the private body, has delegated his powers to the Company Secretary, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on the Company’s behalf and to ensure compliance with the Act.
Group Company Secretary: Dieter Febel
Postal address: PO Box 13991, Laudium, 0037
The SAHRC has compiled a guide, as required by Section 10 of the Act, containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.
The guide is available on the SAHRC website, https://www.sahrc.org.za/.
The SAHRC can be contacted directly at: The South African Human Rights Commission: PAIA Unit
The SAHRC website at https://www.sahrc.org.za/ at this link: http://www.sahrc.org.za/home/21/files/Form%20C.doc
The Department of Justice and Constitutional Development website at www.justice.gov.za at this link: https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf
The following Records are automatically available without a person having to request access in terms of the Act:
The web page https://www.sagateway.com is accessible to anyone who has access to the Internet. The Company website hosts the following categories of information:
Product and promotional brochures/pamphlets
News and marketing information
Other literature intended for public viewing.
Records are kept in accordance with the following legislation
Electronic Communications and Transactions Act, 2002
Value Added Tax Act, 1991
Regulation of Interception of Communications and Provision of Communication – Related Information Act 70 of 2002 (“RICA”)
Companies Act, No. 61 of 1973
Income Tax Act, No. 58 of 1962
Labour Relations Act, No. 66 of 1995
Basic Conditions of Employment Act, No. 75 of 1997
Employment Equity Act, No. 55 of 1998
Skills Development Levies Act, No. 9 of 1999
Unemployment Insurance Act, No. 30 of 1966
Telecommunications Act, No. 103 of 1996
ICASA Act, No. 13 of 2000
Film and Publications Act, No. 65 of 1996
5.1 Statutory and Legal:
statutory Records & returns, including incorporation documents, memorandum of incorporation and share register
minutes of meetings
board and statutory committees
contractual and legal agreements
intellectual property: trademarks certificates
copyrights & designs
health and safety Records
5.2 Human Resources
HR policies & procedures
Employment equity plan and report
Skills development plan and report
IR disciplinary and grievance procedures and hearings, including CCMA Records
Union negotiation Records
Incentive scheme rules
5.3 Administration, Finance & Accounting:
Policies & procedures
5.4 Retirement Fund
Pension and provident fund rules
Statutory Records and returns
Policies, including coverage, limits and insurers
5.6 Information technology
IT policies and procedures
5.7 Sales and Marketing
Credit application forms
Statements of account
Terms & conditions
Marketing material and media releases: brochures, newsletters and advertising materials
Land and building register
Fixed assets register
5.9 Operational information
7.1 How to Request a Record (Section 53)
Requests for access to Records must be made to the Information Officer in the prescribed form, Annexure 1 at the address, fax number or electronic mail address referred to in 1 above. Failure to make use of the prescribed form could result in your Request being refused or delayed.
A Request for access to a Record must be accompanied by payment of an initial non– refundable Request fee of R57.00 (inclusive of VAT). This fee is not applicable to personal Requests, i.e. individual seeking access to Records pertaining him/herself.
The Requestor must provide sufficient detail on the Request form to enable the Information Officer to clearly identify the Record as well as the Requestor’s identify, which is to be accompanied by positive proof of identification.
The Requestor must indicate which form of access is required and if he/she wishes to be informed on the decision on the Request in any other manner, to state the necessary particulars to be so informed.
Access is not automatic. The Requestor must therefore identify the right he/she is seeking to exercise or protect and provide an explanation as to why the requested Record is required for the exercise or protection of that right.
If a Request is made on behalf of a person, the Requestor must then submit proof, to the satisfaction of the Information Officer, of his/her authority to make the Request. Failure to do so will result in the Request being rejected.
7.2 Decision on Request (Section 56)
The Requestor will be notified, within 30 days, in the manner indicated by him/her of the outcome of his/her Request, alternatively whether an extension not exceeding 30 days is required to deal with the Request.
If the Request for access is granted a further access fee must be paid for the reproduction as well as the search and preparation of the Records and for any time that has exceeded the prescribed hours to search and prepare the Record for disclosure. Access will be withheld until the Requestor has made payment of the applicable fee(s).
In the event that the Request for access is refused, reasons for the refusal will be provided and the Requestor will be advised the he/she may lodge an application with a court against the refusal of the Request, as well as the procedure for lodging the application.
The Requestor may lodge an internal appeal or an application to court against the tender
or payment of the Request fee.
This Manual is available on the company website, https://www.sagateway.com.
The fees payable in respect of access to Records are attached as Annexure 2.