PAIA Manual

1. INTRODUCTION

The Promotion of Access to Information Act, 2 of 2000 (“PAIA”) gives effect to section 32 of the Constitution, which provides for access to information if a person wants to exercise a right or protect a right, subject to the procedural requirements laid down by PAIA. For this purpose, PAIA requires Ignition Group must implement a manual in terms of Section 51 of PAIA setting out the procedures to be followed to have access to Information. These procedures are set out in this PAIA Manual.

2. SCOPE

The scope of this PAIA Manual relates to Ignition Telecoms Investments Proprietary Limited and all wholly or partially owned subsidiaries and associated juristic persons, hereinafter referred to as “Ignition Group”. (Please Refer to Appendix 7 of this document for a complete list of subsidiaries)

3. PURPOSE

The purpose of the PAIA Manual is to:

provide details of records and information of Ignition Group that are available and accessible once the requirements for access have been met; and sets out the procedures to be followed by a person who wants access to information which is subject to protection and non-disclosure, if such person wants to exercise or protect a right.

4. AVAILABILITY OF THE PAIA MANUAL

This PAIA Manual is made available in terms of PAIA and Section 4 of the Regulations to the Protection of Personal Information Act (‘’POPIA’’) and can be obtained:

  • from Ignition Group’s website: https://www.ignitiongroup.co.za/;
  • by contacting the Information Officer. A fee will be levied if copies of the PAIA Manual are required. More specifically provided for in terms of Appendix 3; and
  • at the offices of Ignition Group for inspection during normal business hours at no cost.

5. COMPANY CONTACT DETAILS (PAIA Section 51(1)(a))

Ignition Telecoms Investments Proprietary Limited:

Postal Address:
P.O. Box 1611, Country Club, 4301

Physical Address:
Quadrant 4, Centenary Building, 30 Meridian Drive, New
Town Centre, Umhlanga, Durban

Telephone Number: +27(0)31 582 8300
Website: www.ignitiongroup.co.za
E-mail address: dataprivacy@ignitiongroup.co.za

6. THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION (“SAHRC”) GUIDE (“PAIA GUIDE”) (PAIA Section 51(1)(b))

  • PAIA grants Requestor access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
  • Requests in terms of PAIA shall be made in accordance with the prescribed procedures and at the rates provided for in terms of the PAIA Regulations.
  • Requestors are referred to the PAIA Guide in terms of Section 10 which has been compiled by the SAHRC. It contains information on how to use and apply PAIA for the purposes of exercising Constitutional Rights.
  • The PAIA Guide can be obtained by contacting Ignition Group, or by contacting the Information Regulator (South Africa).

Contact details for the Information Regulator:

Postal Address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
E-mail: inforeg@justice.gov.za
Website: https://www.justice.gov.za/inforeg/docs.html

7. PUBLICATION AND AVAILABILITY OF INFORMATION AND RECORDS

7.1 Applicable Legislation:

The legislation applicable to Ignition Group is contained in Appendix 1 of this PAIA Manual. Ignition Group may be required to obtain information and keep records in terms of such legislation, and depending on the relevant legislative requirements, Ignition Group may also be required to make certain information or records publicly available; allow disclosure of information or records subject to certain conditions; or may be prevented to disclose information or records. The Requestor’s right of access to information or a record must be dealt with by taking into consideration the applicable legislation requirements.

7.2 Available Records (PAIA Section 51(1)(d))

Examples of available Ignition Group Record Categories are contained in Appendix 2 of this PAIA Manual – and the inclusion of a category or examples of records does not mean the information and/or records falling within those categories will automatically be made available to a Requestor.

Records may be available as follows:

  • Freely and if publicly available e.g., information and records available on
  • Ignition Group’s public website;
  • Made available but subject to Copyright; and/ or Made available but subject to limited disclosure. Note: A person may only request information from Ignition Group as a Private Body
  • if the requested information is required for the exercise or protection of a right

Note: A person may only request information from Ignition Group as a Private Body if the requested information is required for the exercise or protection of a right recognised in law. Certain grounds of refusal may also apply as indicated below in paragraph 8.4 to a request for such record.

8 FORM OF REQUEST TO ACCESS INFORMATION AND RECORDS (PAIA Section 51(1)(e))

8.1 Requestor

  • Personal Requestor:
    A Personal Requestor is a Requestor who is seeking access to a record containing Personal Information about the Requestor itself. Access will be granted by Ignition Group – subject to applicable legislation.
  • Other Requestor:
    If a person other than the Personal Requestor is seeking access to a record containing Personal Information, Ignition Group is not obliged to grant access to such records, unless such person fulfils the requirements for access as provided for in terms of PAIA.

8.2 Request for Access to Record Procedures

The procedures are as follows:

Requestor must complete and sign the prescribed form enclosed herewith in Appendix 3 together with payment of the required fee (this applies to ‘’Other Requestors’’ and not ‘’Personal Requestors’’ as noted in paragraph 8.1).

  • The completed and signed form, together with proof of payment, must either be posted, submitted per hand or be emailed to the Information Officer at the email address stated above. (Section 5 – Company Contact Details)
  • If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the Information Officer.
  • If a request is made on behalf of another person, the Requestor must submit proof of the capacity in which the Requestor is making the request on behalf of the other person, to the satisfaction of the Information Officer.
  • The completed and signed form, together with proof of payment, must either be posted, submitted per hand or be emailed to the Information Officer at the email address stated above. (Section 5 – Company Contact Details)
  • If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the Information Officer.
  • If a request is made on behalf of another person, the Requestor must submit proof of the capacity in which the Requestor is making the request on behalf of the other person, to the satisfaction of the Information Officer.
  • All required information must be provided on the Appendix 3 form and the information must be true, complete and correct with enough particularity to enable the Information Officer to identify:
    • the Requestor’s identity;
    • contact details of the Requestor;
    • the requested record/s, and
    • the form of access required by the Requestor.
  • A Requestor may only request access to a record to exercise or protect a right. In order to do so, the Requestor must:
    • state what the nature of the right is; and
    • provide an explanation of why the requested record is required for the exercise or protection of that right.
  • Ignition Group will process a request to access a record within 30 (thirty) days of receipt of the completed Appendix 3 form together with proof of payment, if applicable, unless the Requestor has stated exceptional reasons and circumstances together with proof, if applicable, which would satisfy the Information Officer that the time period need not be complied with.
  • Ignition Group shall inform the Requestor in writing whether access has been granted or denied together with reasons thereof.
  • If the Requestor requires access to the records in another manner, the Requestor must state the manner and the particulars so required.

8.3 Fees Payable

The applicable fees which are prescribed in terms of the PAIA Regulations are as follows:

  • A non-refundable prescribed request fee is payable upon submission of any request for access to any record before a request will be processed.
  • The above fees do not apply if the request is for personal records of the person requesting – in this instance no fee is payable.
  • If the preparation of the record requested requires more than the prescribed hours (currently 6 hours), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).
  • A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
  • Records may be withheld until the fees have been paid by the Requestor.
  • Fees are subject to confirmation by the Regulator in the Government Gazette, and any applicable fees or changes will be disclosed to Requestors.
  • A list of the current Fees payable is set out in Appendix 4.

8.4 Grounds for refusal of a Request

Chapter 4 of PAIA provides for several grounds on which a request for access to Personal Information must be refused.

The grounds for refusal are set out below:

A: Mandatory Protection of privacy of a third party who is a natural person

Grounds for Refusal:

  • The disclosure would involve unreasonable disclosure of personal information about a third party that is a natural person (including a deceased individual).

B: Mandatory Protection of commercial information of a third party

Grounds for Refusal:

  • The record consists of information containing trade secrets of a third party;
  • The record consists of information containing financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of the third party; or
  • The record consists of information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put the third party at a disadvantage in contractual or other negotiations or to prejudice the third party in commercial competition.

C: Mandatory Protection of certain confidential information of a third party

Grounds for Refusal:

  • The record consists of information, the disclosure of which would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.

D: Mandatory Protection of safety of individuals and protection of property

Grounds for Refusal:

  • The record consists of information that, if disclosed, could reasonably be expected to endanger the life or physical safety of an individual;
  • The record consists of information that, if disclosed, would likely prejudice or impair the security of a building, a structure or system, a computer or communication system, a means of transport, any other property; or
  • The record consists of information that, if disclosed, would likely prejudice or impair the security of methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme, the safety of the public, or any part of the public, or the security of property.

E: Mandatory Protection of records privileged from production in legal proceedings

Grounds for Refusal:

  • The record consists of information privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.

F: Commercial Information of the organisation

Grounds for Refusal:

  • The record consists of information containing trade secrets of the organisation;
  • The record consists of information containing financial, commercial, scientific or technical information, other than trade secrets, of the organisation, the disclosure of which would likely cause harm to the commercial or financial interests of the organisation
  • The record consists of information, the disclosure of which, could reasonably be expected to put the organisation at a disadvantage in contractual or other negotiations or prejudice the organisation in commercial competition; or
  • The record is a computer program as defined in section 1(1) of the Copyright Act (Act 98 of 1978), owned by the organisation, except insofar as it is required to give access to a record to which access is granted in terms of PAIA.

8.5 Information or records not found

If information or records cannot be found, despite reasonable and diligent searches by Ignition Group, the Information Officer must provide the Requestor with a notice in the form of an affidavit setting out the measures taken to locate the document and the inability to locate it.

8.6 Remedies available to a Requestor if access is refused

The decision made by the Information Officer is final and Requestors must exercise external remedies if the Request for access to information or records is refused. A Requestor may however apply to a court for relief within 180 days of notification of the decision for appropriate relief as provided for in terms of sections 56(3) (c) and 78 of PAIA.