PAIA

PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL

1) INTRODUCTION

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

2) OPENTEL OVERVIEW

Opentel provides Internet Services and Access to its customers, in both the corporate and home market.

Opentel supports the constitutional right of access to information, and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

3) AVAILABILITY OF THIS MANUAL

A copy of this Manual is available on our website www.opentel.co.za or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.

4) HOW TO REQUEST ACCESS TO RECORDS HELD BY OPENTEL 

Requests for access to records held by ISP X must be made on the request forms that are available from our website and office, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).

A request fee may be payable. You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of 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 requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Opentel.

The standard form that must be used for the making of requests can be accessed www.opentel.co.za Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to Opentel will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Opentel does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

5) CONTACT DETAILS

Name of Private Body:	Opentel
CFO:	Omar Hoosen
Email address of Information Officer:	accounts@opentel.co.za
Postal address:	PO Box 1126, Bromhof, 2154
Street address:	Unit 9 Jura Corner, 475/3 Malibongwe Drive, Cnr Boundary Road, Kya Sands, Gauteng
Phone number:	Tel: 010 476 9100
Fax number:	0866 799 047

6) HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT

The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:

The South African Human Rights Commission: PAIA Unit

The Research and Documentation Department Postal address: Private Bag 2700, Houghton, 2041

Telephone:                      +27 11 484-8300

Fax:                                +27 11 484-0582

Website:                         www.sahrc.org.za

E-mail:                            paia@sahrc.org.za

7) VOLUNTARY DISCLOSURE

Opentel has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Opentel, and its services is freely available on Opentel website. Certain other information relating to Opentel is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

8) RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

Information is available in terms of the following legislation to the persons or entities specified in such legislation:

Companies Act 61 of 1973

Income Tax Act 58 of 1962 Value Added Tax Act 89 of 1991 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 30 of 1966

Electronic Communications and Transactions Act 25 of 2002. Telecommunications Act 103 of 1996

Electronic Communications Act 36 of 2005

ICASA Act 13 of 2000

Film and Publications Act 65 of 1996

Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

9) RECORDS HELD BY OPENTEL

Opentel maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

9.1) Internal records

The following are records pertaining to Opentel own affairs and those of its divisions, subsidiary and associated companies:

Memorandum and Articles of Association

Financial records

Operational records

Licences

Intellectual property

Marketing records;

Internal correspondence;

Product records;

Statutory records;

Internal policies and procedures;

Records held by officials of Opentel

9.2) Personnel records

Personnel refers to any person who works for or provides services to or on behalf of Opentel and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Opentel. This includes, without limitation, directors, executive directors, non- executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

Any personal records provided to Opentel by their personnel;

Any records a third party has provided to Opentel about any of their personnel;

Conditions of employment and other personnel-related contractual and quasi-legal records;

Internal evaluation records; and

Other internal records and correspondence.

9.3) Customer records

Please be aware that Opentel is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.

Customer information includes the following:

Any records a customer has provided to Opentel or a third party acting for or on behalf of Opentel.

Contractual information;

Customer needs assessments;

Personal records of customers;

Credit information and other research conducted in respect of customers;

Any records a third party has provided to Opentel about customers;

Confidential, privileged, contractual and quasi-legal records of customers;

Customer evaluation records;

Customer profiling;

Performance research conducted on behalf of customers or about customers;

Any records a third party has provided to Opentel either directly or indirectly; and

Records generated by or within Opentel pertaining to customers, including transactional records.

9.4) Technical records

Please advise;

9.5) Other Parties

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Opentel.

The following records fall under this category:

Personnel, customer or Opentel records which are held by another party as opposed to being held by Opentel ; and

Records held by Opentel pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

9.6) Other Records

Further records are held including:-

Information relating to Opentel own commercial activities; and

Research carried out on behalf of a client by Opentel or commissioned from a third party for a customer;

Research information belonging to Opentel, whether carried out itself or commissioned from a third party.