PAIA Manual

PAIA Manual

Promotion of Access to Information Manual for Viamedia (Pty) Ltd

Prepared in accordance with s51 of the Promotion of Access to Information Act, no 2 of 2000 (“The Act”)

Business Description : Wireless Application Service Provider



1. Contact details Section 51(1)(a):

Name of Business : Viamedia (Pty) Ltd

Registration Number : 2002/012800/07

VAT Registration Number : 4900209885

Name of Contact Person : GS Mackintosh , Chief Operations Officer (CEO) as Information Officer

Street Address : Unit 3, 6th Floor, The Studios, 4 Loop Street, Cape Town, 8001

Postal Address : Unit 3, 6th Floor, The Studios, 4 Loop Street, Cape Town, 8001

Telephone : (021) 425-9680

Fax : (021) 425-9195

Email : info@viamedia.co.za

Website : www.viamedia.co.za



2. The section 10 Guide on how to use the Act Section 51(1) (b):

The Guide will be available from the South African Human Rights Commission

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



3. Records available in terms of any other legislationSection 51(1)(d):

Information is available in terms of the following legislation, if and where applicable, which includes but is not limited to:

Basic Conditions of Employment No. 75 of 1997

Closed Corporation Act No. 69 of 1984

Companies Act 61 of 1973

Copyright Act No. 98 of 1978

Electronic Communications and Transactions Act No. 25 of 2002

Employment Equity Act No. 55 of 1998

Income Tax Act No. 58 of 1962

Intellectual Property Laws Amendments Act No. 38 of 1997

Labour Relations Act No. 66 of 1995

Promotion of Access to Information Act No. 2 of 2000

Regional Services Councils Act No. 109 of 1985

Skills Development Levies Act No. 9 of 1999

Skills Development Act No. 97 of 1998

Unemployment Contributions Act No. 4 of 2002

Unemployment Insurance Act No. 63 of 2001

Value Added Tax Act No. 89 of 1991

Protection of Personal Information Act No. 4 of 2013



4. Access to the records held by the private body in question

Records may be accessed only once the prerequisites for access have been met. Our information officer will respond to your request within 30 working days of receiving the request by indicating whether such request has been granted. Please note that in terms of the act, the 30 day period may be extended for a further 30 days should more time be required to gather the requested information. The requestor shall however be notified if the initial 30 day notice period is to be extended to a further 30 days.

  1. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c)

    Not applicable

  2. Records that may be requested Section 51(1)(e)
  3. Viamedia (Pty) Ltd 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.

    Internal Records

    • Memorandum and Articles of Association
    • Licenses
    • Minutes of Management Meetings
    • Internal Correspondence
    • Internal policies and procedures
    • Statutory records
    • Product records

    Personnel Records

    • Any personal records provided to Viamedia (Pty) Ltd by their personnel;
    • Any records a third party has provided to Viamedia (Pty) Ltd about any of their personnel;
    • Conditions of employment and other personnel-related contractual and quasi legal records;
    • Internal evaluation records; and
    • Internal policies and procedures
    • Other internal records and correspondence.

    Customer records

    Please be aware that Viamedia (Pty) Ltd 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 Viamedia (Pty) Ltd or a third party acting for or on behalf of Viamedia (Pty) Ltd;
    • Contractual information;
    • Personal records of customers;
    • Credit information and other research conducted in respect of customers;
    • Any records a third party has provided to Viamedia (Pty) Ltd about customers;
    • Confidential, privileged, contractual and quasi legal records of customers;
    • Customer evaluation records;
    • Any records a third party has provided to Viamedia (Pty) Ltd either directly or indirectly; and
    • Records generated by or within Viamedia (Pty) Ltd pertaining to customers, including transactional records.


    Technical records

    Technical records generated by, or within Viamedia (Pty) Ltd pertaining to customers.

    Other Parties

    Records are kept in respect of other parties, including without limitation contractors, suppliers and service providers. In addition, such other parties may possess records, which can be said to belong to the Viamedia (Pty) Ltd. The following records fall under this category:

    • Personnel, customer or Viamedia (Pty) Ltd records which are held by another party as opposed to being held by Viamedia (Pty) Ltd; and
    • Records held by Viamedia (Pty) Ltd 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.


    Other Records

    Further records are held including: -

    • Information relating to Viamedia (Pty) Ltd own commercial activities; and
    • Research carried out on behalf of a client by Viamedia (Pty) Ltd or commissioned from a third party for a customer;
    • Research information belonging to Viamedia (Pty) Ltd, whether carried out itself or commissioned from a third party.


5. Other information as may be prescribed Section 51(1)(f)

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6. Availability of the manual Section 51 (3)

The manual is also available for inspection at our offices subject to applicable costs or on our website at viamedia.co.za , Copies of this manual are further available with the SAHRC or from their website www.sahrc.org.za.

7. Procedure to access the manual

7.1 Prescribed access form

This request should be in the prescribed format as defined in Form C (“access form”), attached to this manual (Annexure A ). In order to facilitate your access to a record you need to complete this form in full and that a failure to do so may result in the process being delayed until such additional information is provided.

The request form must be completed CLEARLY and COMPLETELY in block letters.

7.2 Proof of Identity

Proof of identity is required to validate the application and the requester, hence in addition to the access form; applicants are required to supply a certified copy of their identification document or any other legally acceptable means of identification.

7.3 Prescribed Fees

Please take note that an application will not be processed until the request fee and the deposit (if applicable) have been paid. Requestors are advised that four types of fees are provided for in terms of the Act.

  • Reproduction fee : this fee is payable with respect to all records that are automatically available;
  • Request fee : this fee is an administration fee that must be paid by all requestors, except personal requestors [a personal requestor is a requestor seeking access containing information about the requestor him / herself], before the request is considered and is not refundable;
  • Access fee : which is payable once access to a record is granted, this fee is intended to reimburse ViaMedia for the costs involved in searching and preparing the record for delivery;
  • Deposit : which is payable if ViaMedia receives a request for access to information about a person other than the requestor himself / herself and where the preparation of the record will take more than six hours.


7.4 Reproduction Fees

The applicable fees (excluding VAT) for reproduction as referred to above are:

Rand
For every photocopy of an A4–size page or part thereof 0.75
For every printed of an A4-size page or part thereof held on a computer or in electronic form 1.10
For a copy in a computer readable form:
Diskette:
Compact disc:

7.50
70.00
A transcription of visual images, for and A4-size page or part thereof 40.00
For a copy of visual images 60.00
A transcription of an audio record, for an A4-size page or part thereof 20.00
For a copy of an audio record 30.00

7.5 Request Fee

A request fee of R35.00 (excluding VAT) is payable upfront where a requestor submits a request for access to information on anybody else other than a personal requestor.

7.6 Access Fee

The applicable fees (excluding VAT) which will be payable are:

Rand
For every photocopy of an A4–size page or part thereof 1.10
For every printed page of an A4-size or part thereof held on a computer or in electronic form 0.75
For a copy in a computer readable form:
Diskette:
Compact disc:

7.50
70.00
A transcription of visual images, for and A4-size page or part thereof 40.00
For a copy of visual images 60.00
A transcription of an audio record, for an A4-size page or part thereof 20.00
For a copy of an audio record
To search a record that must be disclosed, per hour or part of the hour
30.00
30.00
Where a copy of the record needs to be posted the actual postal fee is payable

7.7 Deposit

Where ViaMedia receives a request for access to information about a person other than the requestor himself / herself and the information officer is of the opinion that the preparation of the required record will take more than six (6) hours, a deposit of one third (1/3) of the amount of the applicable access fee is payable.

8. Request for information about third parties

Should you request access to information to a record that contains information about a third party, we are legally obliged to attempt to contact this third party to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied. You may appeal against a refusal of access by our information officer by approaching a court of law.

9. Granting or refusal of requests

Please take note that an application for access may be refused on one or more of the following grounds, in accordance with the time limits set out under paragraph 4 as required by the act;

  • Mandatory protection of privacy of third party who is a natural person;
  • Mandatory protection of commercial information of a third party;
  • Mandatory protection of certain confidential information about a third party;
  • Mandatory protection of records privileged from production in legal proceedings;
  • Commercial information of the private body; and
  • Mandatory protection of research information of a third party and of the private body.