SA DIGITAL VILLAGES (PTY) LTD (A PRIVATE BODY) MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000 IN RESPECT OF SA DIGITAL VILLAGES (PTY) LTD

1     INTRODUCTION                                       1

2     DEFINITIONS                                             1

3    SCOPE OF THE MANUAL                       2

4     HOW TO USE PAIA TO ACCESS INFORMATION                                             2

5     OVERVIEW OF THE STRUCTURE AND FUNCTIONS OF SADV                        3

6 CLIENT’S CONTACT DETAILS                 3

7     SADV’S PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA        3

8 INFORMATION SECURITY MEASURES 6

9 INFORMATION HELD BY SADV IN TERMS OF PAIA                                                7

10 INFORMATION KEPT BY SADV IN ACCORDANCE WITH OTHER LEGISLATION                                                  10

11 REQUEST PROCEDURES                       11

12 TIMELINES FOR CONSIDERATION OF A REQUEST                                                      14

13 GROUNDS FOR REFUSAL OF ACCESS TO RECORDS                                                   14

14 REMEDIES AVAILABLE TO A REQUESTOR ON REFUSAL OF ACCESS16

15 OTHER INFORMATION HELD BY SADV AS PRESCRIBED                                 16

16 AVAILABILITY OF THE MANUAL       16

17 PRESCRIBED FORMS AND FEE STRUCTURE                                                    16

 

ANNEXURES

ANNEXURE “A” – FORM C – PRESCRIBED FORM TO MAKE REQUEST FOR ACCESS

1     INTRODUCTION                                                                                                                                                                                                               1

2     DEFINITIONS                                                                                                                                                                                                                     1

3    SCOPE OF THE MANUAL                                                                                                                                                                                               2

4     HOW TO USE PAIA TO ACCESS INFORMATION                                                                                                                                   2

5     OVERVIEW OF THE STRUCTURE AND FUNCTIONS OF SADV                                                                                                                      3

6 CLIENT’S CONTACT DETAILS                                                                                                                                                                                         3

7     SADV’S PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA                                                                                              3

8 INFORMATION SECURITY MEASURES                                                                                                                                                                         6

9 INFORMATION HELD BY SADV IN TERMS OF PAIA                                                                                                                                                7

10 INFORMATION KEPT BY SADV IN ACCORDANCE WITH OTHER LEGISLATION                                                                                    10

11 REQUEST PROCEDURES                                                                                                                                                                                               11

12 TIMELINES FOR CONSIDERATION OF A REQUEST                                                                                                                                            14

13 GROUNDS FOR REFUSAL OF ACCESS TO RECORDS                                                                                                                                        14

14 REMEDIES AVAILABLE TO A REQUESTOR ON REFUSAL OF ACCESS                                                                                                         16

15 OTHER INFORMATION HELD BY SADV AS PRESCRIBED                                                                                                                                 16

16 AVAILABILITY OF THE MANUAL                                                                                                                                                                               16

17 PRESCRIBED FORMS AND FEE STRUCTURE                                                                                                                                                         16

ANNEXURES

ANNEXURE “A” – FORM C – PRESCRIBED FORM TO MAKE REQUEST FOR ACCESS

1. INTRODUCTION

1.1 This Manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act No.2 of 2000 (“PAIA“).

1.2 The aim of the Manual is to assist potential Requesters to request access to information (documents, records and/or Personal Information) from SA Digital Villages (Pty) Ltd (“SADV“) as contemplated under PAIA.

1.3 The Manual may be amended from time to time and as soon as any amendments have been affected, the latest version of the Manual will be published and distributed in accordance with PAIA.

1.4 A Requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.

1.5 The definitions provided in this Manual are solely for the purpose of this Manual and are not to be taken as applicable to PAIA.

2. DEFINITIONS

The following words or expressions will bear the following meanings in this Manual –

2.1 Customer” means a natural or juristic person who or which receives services and/or products from SADV;

2.2 Data Subject” means the natural or juristic person to whom Personal Information relates;

2.3 Employee” means any person who works for, or provides services to, or on behalf of SADV, and receives or is entitled to receive remuneration;

2.4 Information Officer” means SADV’s designated information officer described in paragraph 6 of this Manual;

2.5 Information Regulator” shall bear the meaning ascribed thereto in POPIA;

2.6 Manual” means this manual, together with all annexures thereto as amended and made available on the website of SADV and at the offices of SADV from time to time;

2.7 PAIA” means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;

2.8 POPIA” means the Protection of Personal Information Act No. 4 of 2013, together with any regulations published thereunder;

2.9 Personal Information” has the meaning ascribed thereto under POPIA;

2.10 Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –

2.10.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

2.10.2 dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or

2.10.3 merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, “Process” has a corresponding meaning;

2.11 Requester” means any person or entity (including any Data Subject) requesting access to a record that is under the control of SADV; and

2.12 Third-Party” means any independent contractor, agent, consultant, sub-contractor or other representative of SADV.

3. SCOPE OF THE MANUAL

This Manual has been prepared in respect of, and applies to, SADV.

4. HOW TO USE PAIA TO ACCESS INFORMATION

(Information provided in terms of section 51(1) of PAIA)

4.1 PAIA grants a Requester 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 in terms of PAIA, the public body must be acting in the public interest.

4.2 Requests in terms of PAIA shall be made in accordance with the prescribed procedures, and at the prescribed fees.

4.3 A guide on how to use PAIA is required to be compiled by the Information Regulator and when same is available, will be accessible (in various official languages) on the Information Regulator’s website and on our website or you may request a copy of the guide from us by contacting our Information Officer. You may also direct any queries to:

The Information Regulator of South Africa

Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017

E-mail: inforeg@justice.gov.za / complaints.IR@justice.gov.za

Website: https://www.justice.gov.za/inforeg/index.html

Tel: 012 406 4818

Fax: 086 500 3351

5. OVERVIEW OF THE STRUCTURE AND FUNCTIONS OF SADV

5.1 SADV is incorporated and registered in the Republic of South Africa under registration number 2007/008930/07.

5.2 SADV is a wholesale open-access last-mile-connectivity provider. Besides focusing on the installation, operation and maintenance of last-mile fibre optic networks, they also provide a comprehensive range of business and residential services, such as high-speed broadband, IP PBX voice solutions, hosting and cloud services, and video-on-demand.

6. CLIENT’S CONTACT DETAILS

(Information required under section 51(1)(a) of PAIA)

Name of Body:SA Digital Villages (Pty) Ltd 
   
Physical & Postal Addresses:Physical: 1st Floor, 23 Melrose Boulevard, Melrose 
 Arch Precinct, Johannesburg 
 Postal:   1st Floor, 23 Melrose Boulevard, Melrose 
 Arch Precinct, Johannesburg 
   
Head of BodyName: Muhammed Junaid Munshi 
 T: 011 390 7700 
 E: Junaid.munshi@sadv.co.za 
   
Information OfficerName: Robert Andre Lubbe 
  
 T: 011 390 7700 
 E: robert@sadv.co.za 
   
Deputy Information OfficerName: Tiaan Ludick 
  
 T: 011 390 7700 
 E: popi@sadv.co.za 

7. SADV’S PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA

(Information required under section 51(1)(c) of PAIA)

7.1 Purpose of SADV’s Processing of Personal Information –

7.1.1SADV will process Personal Information only in ways that are for, or compatible with,
 the business purposes for which the data was collected or that are subsequently
 authorised by the relevant Data Subject.
7.1.2SADV will retain Personal Information only for as long as is necessary to accomplish
 SADV’s legitimate business purposes or for as long as may be permitted or required
 by applicable law.
7.1.3We use the Personal Information we collect:
7.1.3.1for the purposes of providing business and home fibre products or services to
 customers and where relevant, for purposes of doing appropriate customer
 onboarding and credit vetting;
7.1.3.2for purposes of onboarding suppliers as approved suppliers of SADV. For this
 purpose, SADV will also Process a supplier’s Personal Information for purposes
 of performing credit checks, and this may include engaging third party credit
 vetting agencies;
7.1.3.3for purposes of monitoring the use of SADV’s electronic systems and online
 platforms by consumers. SADV will, from time to time, engage third party service
 providers (who will Process the Data Subject’s Personal Information on behalf of
 SADV) to facilitate this;
7.1.3.4for purposes of preventing, discovering and investigating non-compliance with
 this Policy and other SADV policies, and investigating fraud, or other related
 matters;
7.1.3.5in connection with the execution of payment processing functions, including
 payment of SADV’s suppliers’ invoices;
7.1.3.6to provide a service to SADV customers in terms of relevant services agreements;
7.1.3.7for employment-related purposes such as recruitment, administering payroll and
 carrying out background checks;
7.1.3.8in connection with internal audit purposes (i.e. ensuring that the appropriate
 internal controls are in place in order to mitigate the relevant risks, as well as to
 carry out any investigations where this is required);
7.1.3.9in connection with external audit purposes. For this purpose, SADV engages
 external service providers and, in so doing, shares Personal Information of the
 Data Subjects with third parties;
7.1.3.10to respond to any correspondence that SADV commercial customer may send to
 SADV, including via email or by telephone;
7.1.3.11to contact the Data Subject for direct marketing purposes;
7.1.3.12in order to address customer complaints in respect of SADV’s products and
 services;
7.1.3.13for such other purposes to which the Data Subject may consent from time to time;
 and
7.1.3.14for such other purposes as authorised and in compliance with the applicable law.
7.2SADV will not use the Personal Information which we collect for any purposes other
 than those purposes specified in paragraph 7.1.3 above.
7.3Categories of Data Subjects and of the Personal Information relating thereto
7.3.1SADV collects Personal Information directly from the Data Subject and/or from Third
 Parties, and where SADV obtains Personal Information from Third Parties, SADV
 will ensure that it obtains the consent of the Data Subject to do so or will only Process
 the  Personal  Information  without  the  Data  Subject’s  consent  where  SADV  is
 permitted to do so in terms of the applicable laws.
7.3.2Data  Subjects  in  respect  of  which  Personal  Information  is  Processed  include
 Customers of SADV.
7.3.3Examples of Third Parties from whom Personal Information is collected include; our
 Customers when SADV handles Personal Information on their behalf; regulatory
 bodies; other companies providing services to SADV and where SADV makes use
 of publicly available sources of information.
7.4Recipients or categories of recipients to whom Personal Information may be
 supplied
7.4.1SADV may be required to disclose Personal Information in response to a court order,
 subpoena, civil discovery request, other legal process, or as otherwise required by

law as per statutory authorities and/or the lawful order of any Court or Tribunal. We may disclose Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of SADV, our Customers, or others.

7.4.2 SADV will comply with POPIA before transferring Personal Information to a Third-Party who is a contractor of SADV. Before transferring Personal Information to a Third-Party contractor, such as an authorised service provider, SADV will obtain assurances from the Third-Party that it will process Personal Information in a manner consistent with POPIA. Where SADV learns that a Third-Party contractor is using or disclosing Personal Information in a manner contrary to POPIA, SADV will take reasonable steps to prevent such use or disclosure.

7.4.3 We reserve the right to disclose and transfer a Data Subject’s information, including their Personal Information in connection with a corporate merger, consolidation, the sale of substantially all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.

7.5 Planned Transborder Flows of Personal Information

In carrying out any cross-border transfers, SADV shall adhere to the provisions of POPIA and any applicable laws.

  1. INFORMATION SECURITY MEASURES
8.1.1The security and confidentiality of Personal Information is important to SADV. We
 have  implemented  reasonable  technical,  administrative,  and  physical  security
 measures to protect Personal Information from unauthorised access or disclosure
 and improper use.
8.1.2We  are  committed to ensuring  that our  security  measures  which  protect  your
 Personal Information are continuously reviewed and updated where necessary.
8.1.3In Processing any Personal Information, SADV shall comply with the following
 minimum technical and organisational security requirements:
8.1.3.1Physical Access – Access to Personal Information is restricted in our offices and
 only to those Employees who need the Personal Information to perform a specific
 job / task.
8.1.3.2Employee Training – All Employees with access to Personal Information are
 kept up-to-date on our security and privacy practices. After a new policy is added,

these Employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for the Personal Information of all Data Subjects.

8.1.3.3Unique User Identification – Employees each have a unique user ID assigned
 to them, subject to strict confidentiality undertakings in terms of SADV’s password
 and confidentiality policy.
8.1.3.4Passwords – SADV shall ensure that there are passwords required for any
 access to Personal Information in line with its password policy.
8.1.3.5Physical access and privileges – SADV ensures that access to Personal
 Information is limited to Employees on a “need to know” basis, and SADV
 Employees are required to strictly utilise their unique user ID and applicable
 passwords to access same. The access to such Personal Information shall be
 subject to a two-step authorization/authentication process.
8.1.3.6Back-ups – SADV ensures that all Personal Information is backed-up regularly,
 based on operational or legal requirements, and that back up testing is conducted
 regularly in order to ensure that Personal Information can be recovered in the
 event that such Personal Information is lost, damaged or destroyed.
8.1.3.7Malware protection – SADV ensures that its environment has comprehensive
 malware protection software employed, which software is specifically designed
 to protect SADV from the most recent malware infections.
8.1.3.8Vulnerability scanning – SADV frequently conducts vulnerability scanning in
 order to assess whether  Personal Information is  adequately protected from
 external threats.
8.1.3.9Network configuration – SADV continuously monitors all designated networks,
 employs intrusion detection systems and/or intrusion prevention systems, and
 records any security incidents.
8.1.3.10Systems  Review  –  SADV  conducts  regular  reviews  of  its  technical  and
 organisational security measure system in order to ensure that all of the above
 security measures are functioning effectively and applied consistently.

9. INFORMATION HELD BY SADV IN TERMS OF PAIA

(Information required under section 51(1)(e) of PAIA)

This section of the Manual sets out the categories and descriptions of records held by SADV. The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under PAIA. In particular, certain grounds of refusal as set out in PAIA may be applicable to a request for such records.

9.1 Internal records

The following are records pertaining to SADV’s own affairs and those of its divisions and associated companies –

9.1.1 Memorandum and Articles of Association;

9.1.2 Financial records;

9.1.3 Operational records;

9.1.4 Intellectual property;

9.1.5 Marketing records;

9.1.6 Internal correspondence;

9.1.7 Product records;

9.1.8 Statutory records;

9.1.9 Banking Records;

9.1.10 Logos;

9.1.11 Internet Website;

9.1.12 Internal policies and procedures; and

9.1.13 Records held by officials of SADV.

9.2 Personnel records

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

9.2.1 Any personal records provided to SADV by their personnel;

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

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

9.2.4 Internal evaluation records; and

9.2.5 Other internal records and correspondence

9.2.6 Training schedules and material.

9.3 Customer records

Please be aware that SADV 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 –

9.3.1Any records a customer has provided to SADV or a third party acting for or on behalf
 of SADV;
9.3.2Contractual information;
9.3.3Customer needs assessments;
9.3.4Personal records of customers;
9.3.5Credit information and other research conducted in respect of customers;
9.3.6Any records a third party has provided to SADV about customers;
9.3.7Confidential, privileged, contractual and quasi legal records of customers;
9.3.8Customer evaluation records;
9.3.9Customer profiling;
9.3.10Performance research conducted on behalf of customers or about customers;
9.3.11Any records a third party has provided to SADV either directly or indirectly; and
9.3.12Records  generated  by  or  within  SADV  pertaining  to  customers,  including
 transactional records.
9.4Other Parties

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

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

9.4.2 Records held by SADV 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.

9.5 Other Records

Further records are held including:

9.5.1Information relating to SADV’s own commercial activities
9.5.2Research carried out on behalf of a client by SADV or commissioned from a third
 party for a customer
9.5.3Research information belonging to SADV, whether carried out itself or commissioned
 from a third party
9.5.4Contracts and agreements.

10. INFORMATION KEPT BY SADV IN ACCORDANCE WITH OTHER LEGISLATION (Information required under section 51(1)(b)(iii) of PAIA)

10.1 Records are kept in accordance with legislation applicable to SADV, which includes but is not limited to, the following:

10.1.1 Basic Conditions of Employment Act 75 of 1997

10.1.2 Companies Act 71 of 2008

10.1.3 Compensation for Occupational Injuries and Diseases Act 130 of 1993

10.1.4 Competition Act 89 of 1998

10.1.5 Constitution of the Republic of South Africa, 1996

10.1.6 Consumer Protection Act 68 of 2008

10.1.7 Electronic Communications and Transactions Act 25 of 2002

10.1.8 Electronic Communications Act of 2005

10.1.9 Employment Equity Act 55 of 1998

10.1.10 Income Tax Act 58 of 1962 (Section 75)

10.1.11 Insolvency Act 24 of 1936

10.1.12 Labour Relations Act 66 of 1995

10.1.13 National Credit Act 34 of 2005

10.1.14 Occupational Health and Safety Act 85 of 1993

10.1.15 Promotion of Access to Information Act 2 of 2000

10.1.16 Pension Funds Act 24 of 1956

10.1.17 Protection of Personal Information Act 4 of 2013

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

10.1.19 Skills Development Act 97 of 1998

10.1.20 Tax Administration Act 28 of 2011

10.1.21 Tax on Retirement Funds Act 38 of 1996

10.1.22 Trademarks Act 194 of 1993

10.1.23 Value Added Tax Act 89 of 1991

10.2 Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of PAIA.

11. REQUEST PROCEDURES

11.1 Records, whether specifically listed in this Manual or not, will only be made available subject to the provisions of PAIA.

11.2 Form of request

11.2.1 The Requester must use the prescribed form to make the request for access to a record, which form is attached hereto as Annexure “A“. This must be made to the Information Officer at the address or electronic mail address of the body concerned (see s 53(1) of PAIA).

11.2.2 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 specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed (see s 53(2)(a) and (b) and (c) and (e) of PAIA).

11.2.3 The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right (see s 53(2)(d) of PAIA).

11.2.4 If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body (See s 53(2)(f) of PAIA).

11.3 Fees

11.3.1 Request fees:

11.3.1.1 The Information Officer must by notice require the Requester to pay the prescribed request fee (if any) before further processing the request (see s 54(1) of PAIA).

11.3.1.2 The fee that the Requester must pay to a private body is [R50]. The Requester may lodge an application to the court against the tender or payment of the request fee (See section 54(3)(b) of PAIA).

11.3.2 Access fees and fees for reproduction:

11.3.2.1 If access to a record/s is granted by SADV, the Requester may be required to pay an access fee for the search for and preparation of the records and for re-production of the record/s.

11.3.2.2 The access fees which apply are set out below. SADV can refuse access until such access fees have been paid.

(e)(i) For a transcription of an audio record, for an A4-size page or part thereofR20.00

Reproduction Fee
1The fee for a copy of the manual as contemplated in regulation 9 (2) (c) for every photocopy of
an A4-size page or part thereof.
R1.10
2The fees for reproduction referred to in regulation 11 (1) are as follows: 
(a)For every photocopy of an A4-size page or part thereofR1.10
(b)For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable formR0.75
(c)For a copy in a computer-readable form on compact disc 
 (i) Stiffy diskR7.50
 (ii) compact diskR70.00
(d)(i) For a transcription of visual images, for an A4-size page or part thereof (ii) For a copy of visualR40.00
 images 
  R60.00
 (ii) For a copy of an audio recordR30.00
(f)To search for and prepare the record for disclosure or part thereof for each hour or part thereofR30.00
 reasonably required for such search and preparation 
3The request fee payable by a requester, other than a personal requester, referred to in regulationR50.00
 11 (2) 
(4)For purposes of section 54 (2) of PAIA, the following applies: 
(a)Six hours of searching to be exceeded before a deposit is payable 
(b)One third of the access fee is payable as a deposit by the requester 
(5)The actual postage fee is payable when a copy of a record must be posted to a requester 

11.4 Decision on request

11.4.1 After the Information Officer has made a decision on the request, the Requester will be notified using the required form.

11.4.2 If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure (see s 54(6) of PAIA).

12. TIMELINES FOR CONSIDERATION OF A REQUEST

12.1 Requests for access by a Requestor will be processed within 30 days, unless the request contains considerations that are of such a nature that an extension of the 30-day time limit is necessary. Such considerations include –

12.1.1 where the request is for a large number of records or requires a search through a large number of records (including where records that have been archived electronically need to be restored);

12.1.2 where the request requires a search for records in, or collection of such records from,

an office of SADV located far away from any of SADV regional offices;

12.1.3 consultation among divisions of SADV or with another private body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original 30-day period;

12.1.4 more than one of the circumstances contemplated in paragraphs 12.1.1, 12.1.2 and 12.1.3, exist in respect of the request making compliance with the original period not reasonably possible; or

12.1.5 the Requester consents in writing to such extension.

12.2 If an extension is necessary, you will be notified with reasons for the extension. If the Information Officer fails to communicate a decision on a request, such a request is then deemed to have been refused.

13. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

13.1 Requests for access by a Requestor must be refused by the Information Officer if –

13.1.1 the disclosure would involve the unreasonable disclosure of personal information about a third party (natural person), including a deceased individual (see section 63 of PAIA);

13.1.2 the record contains (a) trade secrets of a third party, (b) 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 that third party, or (c) information supplied in confidence by a third party the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations; or to prejudice that third party in commercial competition (see section 64 of PAIA);

13.1.3 the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement (see section 65 of PAIA);

13.1.4 the disclosure could reasonably be expected to endanger the life or physical safety of an individual (see section 66(a) of PAIA);

13.1.5 the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege (see section 67 of PAIA); or

13.1.6 the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose: (a) the third party; (b) a person that is or will be carrying out the research on behalf of the third party; or (c) the subject matter of the research, to serious disadvantage (see section 69 of PAIA).

13.2 Requests for access by a Requestor may be refused by the Information Officer if –

13.2.1 the disclosure would be likely to prejudice or impair: (i) the security of: (aa) a building, structure or system, including, but not limited to, a computer or communication system; (bb) a means of transport; or (cc) any other property; or (ii) methods, systems, plans or procedures for the protection of: (aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property contemplated in subparagraph (i) (aa), (bb) or (cc) (see section 66(b));

13.2.2 the record:

  1. contains trade secrets of SADV;
  1. contains financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests of SADV;
  1. contains information, the disclosure of which could reasonably be expected:
  1. to put SADV at a disadvantage in contractual or other negotiations; or
  1. to prejudice SADV in commercial competition; or
  1. is a computer program, as defined in section 1(1) of the Copyright Act No. 98 of 1978, owned by SADV, except insofar as it is required to give access to a record to which access is granted in terms of PAIA; or

13.2.3 the record contains information about research being or to be carried out by or on behalf of SADV, the disclosure of which would be likely to expose: (a) SADV; (b) a person that is or will be carrying out the research on behalf of SADV; or (c) the subject matter of the research, to serious disadvantage.

14. REMEDIES AVAILABLE TO A REQUESTOR ON REFUSAL OF ACCESS

14.1 SADV does not have any internal appeal procedures that may be followed once a request to access information has been refused.

14.2 The decision of the Information Officer or deputy information officer is final.

14.3 If you are not satisfied with the outcome of your request, you are entitled to apply to a court of competent jurisdiction to take the matter further.

15. OTHER INFORMATION HELD BY SADV AS PRESCRIBED (Other information as may be prescribed under section 51(1)(a)(ii))

The Minister of Justice and Constitutional Development has to date not made any regulations regarding disclosure of other information.

16. AVAILABILITY OF THE MANUAL (Availability of Manual under section 51(3))

16.1 This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of SADV. Copies of the Manual may be made, subject to the prescribed fees.

16.2 Copies may also be requested from the Information Regulator.

16.3 The Manual is also posted on SADV’s website referred to above, and can be found

HERE.

17. PRESCRIBED FORMS AND FEE STRUCTURE

(Prescribed forms and fee structure in respect of private bodies)

The forms and fee structure prescribed under PAIA are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development

(www.doj.gov.za), under the ‘regulations’ section as well as the Information Regulator’s website (www.justice.gov.za/inforeg/legal.html).