PAIA immedia Ecosystem

2003/013427/07
The immedia ecosystem (Pty) Ltd T/A
East Coast Access and Geek Managed Services

MANUAL in terms of Section 51 of
The Promotion of Access to Information Act 2/2000 (the “ACT”)

INDEX

1. Introduction
2. Contact Details
3. The ACT
4. Purpose of the Manual
5. South African Human Rights Commission Guide
6. Applicable Legislation
7. Schedule of Records
8. Request Procedure for Obtaining Information
9. Prescribed Fees
10. Grounds for refusal of access to information
11. Remedies available in the event of the refusal of request for information
12. Decision

1. INTRODUCTION

The immedia ecosystem (Pty) Ltd T/A East Coast Access provides Internet Services and Access to its customers, in both the corporate and home market. Some of these services include, but are not limited to, access, hosting, security and consulting.

The immedia ecosystem (Pty) Ltd T/A Geek Managed Services is your one stop IT shop, providing hardware, software, call out services and device training.

The immedia ecosystem (Pty) Ltd 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.

2. COMPANY CONTACT DETAILS

3. THE ACT

The Promotion of Access to Information Act, No 2 of 2000 (“The  Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

4. PURPOSE OF THE MANUAL

In order 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, recognizes 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; and
• Effective, efficient and good governance

And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

Wherever reference is made to “Private Body” in this manual, it will refer to @BusinessName and all its entities for whom this manual is drafted.

5. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE

The South African Human Rights Commission had compiled the guide contemplated in Section 10 of The Act.  It contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in The Act. The Guide is available for inspection, inter alia at 29 Princess of Wales Terrace, cnr York and St Andrews Street.  Any inquiries regarding this guide should be directed to:

(RESEARCH AND DOCUMENTATION DEPARTMENT)
Private Bag X2700, HOUGHTON, 2041
Telephone Number:  (011) 484-8300
Facsimile Number:  (011) 484-1360
Website:  www.sahrc.org.za;
PAIA@sahrc.org.za

6. APPLICABLE LEGISLATION

7. SCHEDULE OF RECORDS

The immedia ecosystem (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.

7.1  Internal Records

• Memorandum and Articles of Association
• Financial records
• Operational records
• Intellectual property
• Marketing records
• Internal correspondence
• Product records
• Statutory records
• Internal policies and procedures

7.2 Personnel records

7.3 Customer records

7.4 Technical records

7.5  Other Records

8. REQUEST PROCEDURE FOR OBTAINING INFORMATIONAccess to records held by the immedia ecosystem (Pty) LtdRecords held by the immedia ecosystem (Pty) Ltd may be accessed by request only once the prerequisites for access have been met.

The requester must fulfill the prerequisites for access in terms of The Act, including the payment of a requested access fee.

The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record.

The requester must complete the prescribed Form C in Appendix 1 and submit the same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number, or electronic mail address as stated herein.

The prescribed form must be filled in with enough particulars to at least enable the Information Officer to identify –

• The record or records requested;
• The identity of the requester,
• Which form of access is required, if the request is granted;
• The postal address or fax number or email address of the requester.

The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is.  In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

The immedia ecosystem (Pty) Ltd will process the request within 30 days unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.

The requester shall be informed whether access has been granted or denied.  If, in addition, the requester requires the reason for the decision in any other manner, he/she must state the manner and the particulars so required.

If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requesters making the request, to the reasonable satisfaction of the Information Officer.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

The requester must pay the prescribed fee before any further processing can take place.

9. PRESCRIBED FEES

The Act provides for two types of fees, namely:

– A request fee, which will be a standard fee; and

– An access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.

When the Information Officer receives the request, such Officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before any further processing of the request.

If the search for the record has been made in the preparation of the record for disclosure, including arrangements to make it available in the requested form, and it requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

The Information Officer shall withhold a record until the requester has paid the Fees as indicated in Appendix 2.

A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.

If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.

10. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

The main grounds for the immedia ecosystem (Pty) Ltd to refuse a request for information relates to the:

• Mandatory protection of the privacy of a third party that is a natural person that 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, disclosure of which could likely cause harm to the financial or commercial interests of that third party;

– Information disclosed in confidence by a third party to the Private Body, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition

Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

Mandatory protection of confidential information of the protection of property;

Mandatory protection of records that would be regarded as privileged in legal proceedings;

The commercial activities of the immedia ecosystem (Pty) Ltd, which may include:

• Trade secrets of the immedia ecosystem (Pty) Ltd;
• Financial, commercial, scientific, or technical information, the disclosure which could likely cause harm to the financial or commercial interest of the immedia ecosystem (Pty) Ltd;
• Information which, if disclosed could put the immedia ecosystem (Pty) Ltd at a disadvantage in negotiations or commercial competition;
• A computer program, owned by the immedia Studio (Pty) Ltd, and protected by copyright.

The research information of the immedia ecosystem (Pty) Ltd or a third party, if its disclosure would reveal the identity or the immedia ecosystem (Pty) Ltd,  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 would involve an unreasonable diversion of resources shall be refused.

11. REMEDIES AVAILABLE IN THE EVENT OF REFUSAL OF REQUEST FOR INFORMATION

Internal remedies

The immedia ecosystem (Pty) Ltd does not have an internal appeal procedure. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

External remedies

A requester who is dissatisfied with an information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.

Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. A Court for relief is a Court of Law as referred to in The Act or any other Court of similar status.

12. DECISION

The immedia ecosystem (Pty) Ltd will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The 30 day period within which the immedia ecosystem (Pty) Ltd has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of the immedia ecosystem (Pty) Ltd and the information cannot reasonably be obtained within the original 30 day period.  The immedia ecosystem (Pty) Ltd will notify the requester in writing should an extension be sought.