1. Introduction

The Promotion of Access to Information Act, 2 of 2000 (“the Act”) came into operation on March 2001. The Act seeks to give natural and/or juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights.

Section 51 of the Act obliges private bodies to compile a manual which would assist a person to obtain access to information held by such a private body and stipulates the minimum requirements such manual has to comply with.

2. Contact Details

3. The Section 10 Guide On How To Use The Act

The Guide will be available from the South African Human Rights Commission by not later than August 2003.

4. Records Available In Terms Of Any Other Legislation:

4.1 Arbitration Act No. 42 of 1965

4.2 Basic Conditions of Employment No. 75 of 1997

4.3 Broad Based Black Economic Empowerment Act No. 53 of 2003

4.4 Companies Act No. 61 of 1973

4.5 Companies Act No. 71 of 2008

4.6 Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993

4.7 Consumer Protection Act No. 68 of 2008

4.8 Copyright Act No. 98 of 1978

4.9 Criminal Procedure Act No. 51 of 1977

4.10 Currency and Exchanges Act No. 9 of 1933

4.11 Debtor Collectors Act No. 114 of 1998

4.12 Employment Equity Act No. 55 of 1998

4.13 Electronic Communications and Transactions Act No. 25 of 2002

4.14 Financial Intelligence Centre Act No. 38 of 2001

4.15 Harmful Business Practices Act No. 23 of 1999

4.16 Income Tax Act No. 95 of 1967

4.17 Insolvency Act No. 24 of 1936

4.18 Insurance Act No 27 of 1943

4.19 Interception and Monitoring Prohibition Act No. 127 of 1992

4.20 Labour Relations Act No. 66 of 1995

4.21 National Credit Act No. 34 of 2005

4.22 Occupational Health & Safety Act No. 85 of 1993

4.23 Protection of Businesses Act No. 99 of 1978

4.24 Prevention and Combating of Corrupt Activities Act No.12 of 2004

4.25 Regulation of Interception of Communications and Provision of Communication-related

Information Act No. 70 of 2002

4.26 Skills Development Levies Act No. 9 of 1999

4.27 Skills Development Act No. 97 of 1998

4.28 Tax on Retirement Funds Act No. 38 of 1996

4.29 Trade Marks Act No. 194 of 1993

4.30 Unemployment Contributions Act No. 4 of 2002

4.31 Unemployment Insurance Act No. 63 of 2001

4.32 Value Added Tax Act No. 89 of 1991

5. Access To Records Held By Clickatell (Pty) Ltd

5.1 Voluntary Disclosure

Clickatell (Pty) Ltd has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Clickatell (Pty) Ltd and its services is freely available on Clickatell (Pty) Ltd’s website. Certain other information relating to Clickatell (Pty) Ltd 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.

5.2 Description Of Subjects And Categories Of Information On Which Clickatell (Pty) Ltd Hold Records.

5.2.1 Incorporation Records

Company secretarial documents
Constitution of the business
Memorandum and Articles of Association
Registers
Statutory returns
Powers of Attorney
Shareholders Agreements
Minutes of meetings
Share Certificates

5.2.2 Financial Documents and Records

Regional Services Council records
VAT records
PAYE records
UIF records
Stock records
Asset inventory
Asset register
Order forms
Invoices
Statements
Debtors and Creditors details
Debit notes
Credit notes
Banking details and account records
Cash records
Financial documentation and other accounting records
Financial reports and statement

5.2.3 Operational Documents, Records and Intellectual Property

Minutes of Management meetings
Distribution Agreements
Supply Agreements
Exchange Control Regulation records
Internal telephone directory
Legal and insurance records and correspondence (including claims and policies)
Leases
Goods received vouchers
Goods returned vouchers
Promotional records
Legal and insurance records and correspondence
Business plan policies
Designs, patents or trademarks registration records
Records regarding written product / service specifications
Permits, licences, consents, approvals, authorisations, applications and registrations
Product / Service manuals
Customer database
Customer application forms
Correspondence with customers
Customer account records
Sales records
Records with regards to scheduling and supply of goods
Business plan records
Strategy records
Vision Statement
Mission Statement
Action plan records
Price lists
Customer assessments/complaints records
Costing/quoting records
Product research records
Market research records
Independent contractor’s documentation and records
Identification records
BBEEE scorecard
Trademarks
Copyright
Designs
Know-how
Licensing Agreements

5.2.4 Insurance

Policies
Insurance claims files

5.2.5 Human Resources Documents and Records

Personal records provided by employees and other records including but not limited to:

Personnel files
Employment contracts / Letter of Appointment
Salary advice slips / Remuneration records
Curriculum Vitae
Leave records
Educational history record
Increase records
Disciplinary codes, policies, procedures and records
Performance management records
Training records
Training manuals
Employment Equity Plan
Workplace Skills Plan
SETA records
Attendance register
Unemployment Insurance records
Medical aid records
Records relating to deductions

5.2.6 Safety Records

Records relating to incidents in the workplace
Occupational Health & Safety Act records
Council for Occupational Injuries and Diseases recordsQuality
control test results records

5.2.7 Information Technology Records

Software licences
Software programs
Software applicationsCompu
er generated databases
Internet connectivity reports

5.2.8 Administration

Correspondence with internal and external parties

6. Who May Request Information Or Records In Terms Of The Act

The Act provides that a person may only request information in terms of the Act, if the information is required for the exercise or protection of a right.

Information will therefore not be furnished unless a person clearly provides sufficient particulars to enable the company to identify the right the requester is seeking to protect as well as an explanation of why the requested information is required for the exercise or protection of that right.

Requester Categories

The capacity in which a requester requests information will determine the category he or she falls in. Please note that the requester category has a bearing on the charges pertaining to the access to information. As a minimum, include these fields:

(a) The record(s) requested;
(b) The requester (and if an agent is lodging the request, proof of capacity); (c) The form of access required;
(i) The postal address or fax number of the requester in the Republic;
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;

The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

Requesters have been classified into four categories:

• A Personal Requester: - requests personal information about himself/herself.
• A Representative Requester: - requests information on behalf of someone else.
• A Third Party Requester: - requests personal information of another person.
• A Public Body: - requests information in the public interest.

To facilitate your request, kindly use the prescribed form, available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.

8. Request Procedure

8.1 Completion of Form C

Any request for information in terms of this Act must be contained in Form C. (See Form C). This formality is prescribed by the Act.

Form C must be completed in full and returned to Clickatell (Pty) Ltd together with any other information that the mentioned companies require in order to consider and decide on the request. A request, which does not comply with the formalities, as prescribed by the Act will be forwarded back to the requester with advice on the necessary steps for compliance. This includes Forms that are not completed in full.

Clickatell (Pty) Ltd will not consider a request unless it is contained in Form C.

Clickatell (Pty) Ltd will make copies of the mentioned form available.

8.2 Proof of Identity:

9. Request Fees

10. Granting Or Refusal Of Requests

All requests complying with the requirements set out above will be processed and considered expeditiously.

Please note that the Act stipulates the following grounds for refusing requests for information:

• Mandatory protection of the privacy of a third party who is a natural person
[section 63]
• Mandatory protection of commercial information of a third party
[section 64]
• Mandatory protection of certain confidential information of a third party
[section 65]•
protection of safety of individuals and protection of property
[section 66]
• Mandatory protection of records privileged from production in legal proceedings
[section 67]
• Commercial information of the private body
[section 68]
• Mandatory protection of research information of third party and of the private body
section 69].

Whatever decision is taken, the requester will be given notice of the decision in writing. The Act requires that such notification be given within 30 days of the decision being made. In case of a request being refused, the notification will include the reasons for the refusal.

Please note that Clickatell (Pty) Ltd may extend the thirty-day notice period if it is necessary due to the nature of the request and the amount of time required gathering the requested information. The requester will however be given notice of the extension prior to the 30 day period's expiry.

11. Other Information As May Be Prescribed

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

12. Availability Of The Manual

The manual is also available for inspection at the offices of Clickatell (Pty) Ltd free of charge; and copies are available from the SAHRC and on the Clickatell (Pty) Ltd’s website at www.clickatell.com