PAIA Manual
PAIA Section 51 Manual for IBITS Internet
CONTENTS
Introduction
1. Contact Details
2. Section 10 Guide
3. Records available in terms of other legislation
4. Access of records held by IBITS Internet
5. –
6. Availability of the Section 51 manual
PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
Introduction
IBITS Internet is an Internet Service Provider (ISP).
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
1. Contact Details (Section 51(1)(a))
Attention: Directors of IBITS Internet
Solomon Street
Old Mill Business Park – IBITS
Wellington
Western Cape
7655
Telephone: 021 020 0200
Website: www.ibits.co.za
E-mail: info@ibits.co.za
2. Section 10 Guide (Section 51(1)(b))
The Guide on how to use the Act will be available from the South African Human Rights Commission in August 2003. Please direct any queries to:
The South African Human Rights Commission PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700
Houghton
2041
Telephone: 011 484 8300
Fax: 011 484 0582
Human Rights Advice Line: 086 012 0120
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.co.za
3. Records available in terms of other legislation
Basic Conditions of Employment Act No.75 of 1997
Companies Act No.61 of 1973
Compensation of Occupational Injuries and Diseases Act No.130 of 1993
Employment Equities Act No.55 of 1998
Income Tax Act 89 of 1991
Labour Relations Act No.66 of 1995
Occupational Health and Safety Act No.85 of 1993
Regional Services Councils Act No.109 of 1985
Skills Development Levies Act No.9 of 1999
Promotion of Access to Information Act No.2 of 2000
Unemployment Contributions Act No.4 of 2002
Value-Added Tax Act No.89 of 1991
Company documentation: availability determined upon request
Financial documentation: availability determined upon request
Employment contracts: availability determined upon request
Domain name registrations: availability determined upon request
Personnel records: availability determined upon request
Customer records: availability determined upon request
4. Access to records held by IBITS Internet
Form of request
a. The requester must use the prescribed form to make the request for access to a record. This request must be made to the Chief Executive Officer at IBITS Internet. This request must be made to the address, fax number or e-mail address as set out in Section 2 above.
b. The requester must provide sufficient detail on the request form to enable the Chief Executive Officer to identify the record and the requester. The requester must indicate which form of access is required. The requester must indicate any other manner to be used by IBITS Internet to inform the requester of the outcome, and must state these particulars.
c. The requester must identify the right that is to be exercised or protected, and provide an explanation of why the requested record is required for the protection or exercise of that right.
d. If, in addition to a written reply from IBITS Internet, the requester wishes to be informed of a decision in respect of the request, the requester must provide IBITS Internet with the manner in which this response is to take place and the relevant contact details.
e. If the 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 IBITS Internet.
Prescribed fees payable in respect of requests
The following applies to requests (other than personal requests)
A requester is required to pay the prescribed fee of R50,00, before a request may be processed;
If the preparation of the record requested requires more than the prescribed hours (six hours), a deposit shall be paid to IBITS Internet (the deposit shall not be more than one third of the access fee which would be payable if the request were granted);
A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit;
Records may be withheld by IBITS Internet until the appropriate fees have been paid;
5. –
6. Availability of the Section 51 manual
A copy of this manual is available for inspection upon request at the offices of IBITS Internet (as set out in Section 2 above). A copy of the manual is also available for downloading on www.ibits.co.za or by sending a request for a copy to the CEO by e-mail. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out in Clause 3 above or from the Government Printers. This Manual will be updated from time to time, as and when required.