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Access to Information Manual

SPESCOM LIMITED

ACCESS TO INFORMATION MANUAL

IN TERMS OF PAIA

Document number : SGLC-002
Revision number : 00
Effective Date : 05 September 2008

1. PURPOSE

· The purpose of this document is to provide a procedure to be followed when any person requires access to records kept by Spescom Limited and its subsidiaries.

· This Document constitutes Spescom's manual in terms of section 51 of the Promotion of Access to Information Act No.2, 2000

2. SCOPE

The procedure set out in this document must be adhered to by all persons requiring any information or records from Spescom.

3. REFERENCES

· Promotion of Access to Information Act No.2, 2000

· ISO 9001 – Quality Management Systems Requirements

4. ABBREVIATIONS AND DEFINITIONS

Act/PAIA : The Promotion of Access to Information ACT No. 2, 2000

CEO : The Chief Executive Officer of Spescom:

Requester : Any person making a request for access to Spescom's records or any person acting on that person's behalf.

Spescom : Spescom Limited and its subsidiaries.

5. PROCEDURE

5.1. Contact details of the CEO

Postal Address

PO Box 288

, Halfway House, 1685, South Africa

Street Address

Cnr Alexandra Avenue

and 2nd road, Midrand, South Africa

Phone Number

011 266 1500

Fax

011 266 1532

Email

info@spescom.com

Name

Mrs Jene Palmer

5.2. Guide on How to use the Act (in terms of Section 10 PAIA):

The guide on how to use the Act is available at the South African Human Rights Commission. Please direct all queries to:

The South African Human Rights Commission, PAIA Unit

The Research and Documentation Department

Private Bag 2700, Houghton

Phone number : 011 484 8300

Fax : 011 484 0582

Website : www.sahrc.org.za

5.3. Records available without request in terms of the Act.

All records published on Spescom's internet are automatically available without a request for access in terms of the Act being made. All copyrights attaching to such records under South African Law are strictly reserved by Spescom.

Spescom’s website: www.spescom.com

5.4. Records available upon request in terms of the Act.

· Spescom will only make records available to a requester if such records are required for the exercise or protection of the requester’s rights in terms of the Act.

· In making any request, the requester must furnish Spescom with sufficient and unambiguous information to enable Spescom to identify the right requiring protection and the records sought by the requester.

· The following records are held by Spescom and may be furnished provided that the procedure set out in clause 5.6 of this document is followed (and subject always to Spescom's obligation to refuse a request if disclosure of records would involve the unreasonable disclosure of personal information about a third party in the absence of such third party's written consent):

o Company Secretariat

Memorandum and articles of association
Minutes and resolutions
Share register
General statutory documents
Trade mark records

o Customer Information

Contract and contact details
Credit checks

o Human Resources

HR policies and procedures
Staff records
Employment contracts
Payroll records
Employment equity policy and programme
Staff satisfaction survey
Pension fund records
Medical scheme records

o Legal Records

Service level agreements
Terms and conditions of doing business with Spescom
Infrastructure maintenance contracts
Business partner contracts
Health, safety, and environmental records

o Finance Records

Auditors annual reports
Audited financial statements
Financial statements of subsidiaries/divisions
Taxation Records

o Other records applicable to Spescom

Insurance records
Spescom policy, objectives, and governance
Joint venture agreements
Rental agreements
Research information
Marketing and communications records
IT Records
Sub-contractor records
Media releases
Assets records
Information relating to procurement decisions
Supplier contracts
Quality Records

5.5. Records available in terms of other legislation

· A requester may also request information which is available in terms of any other legislation such as the following:

o Basic Conditions of Employment Act, No. 75 of 1997
o Companies Act, No. 61 of 1973
o Compensation for Occupational Injuries and Health Diseases Act, No. 130 of 1993
o Copyright Act, No. 98 of 1978
o Employment Equity Act, No. 55 of 1998
o Income Tax Act, No. 45 of 1967
o Insolvency Act, No. 24 of 1936
o Intellectual Property Laws Amendments Act, No. 38 of 1997
o Labour Relations Act, No. 66 of 1995
o Occupational Health and Safety Act, No. 85 of 1993
o Pension Funds Act, No. 24 of 1956
o Skills Development Act, No. 97 of 1998
o Skills Development Levies Act, No. 9 of 1999
o South African Qualifications Authority Act, No. 58 of 1995
o Trade Marks Act, No. 194 of 1993
o Unemployment Contributions Act, No. 4 of 2002
o Unemployment Insurance Act, No. 63 of 2001
o Value Added Tax Act, No. 89 of 1991
o Electronic Communications and Transactions Act, No 25 of 2002
o Interception and Monitoring Act, No 127 of 1992
o Prevention of Organised Crime Act, No. 121 of 1998
o National Environmental Management Act, No. 107 of 1988

5.6. Request Procedure

· A requester must complete Form SGLC-F001 attached to this document, and pay the prescribed fee in terms of clause 5.7 of this document.

· The Form must be addressed to Spescom's CEO at the address, fax number or e-mail address indicated in clause 5.1 of this document.

· The requester must provide sufficient details to enable the CEO to identify the right to be protected and (or) exercised, and consider the request.

· If a request is made on behalf of another person, the requester must prove his/her capacity to the satisfaction of the CEO.

· The CEO reserves the right to grant or reject the request. The CEO's decision to grant or refuse the request will be notified to the requester in writing within 30 days after the decision has been taken, with reasons if the request is rejected.

5.7. Request Fees

· The fees payable by the requester to Spescom for processing a request and giving access in terms of the Act are those published by the Minister of Justice under the Act and are currently the following:

1. ACCESS FEES FOR REPRODUCTION

1.1

For every photocopy of an A4-size page or part thereof

R1.10

1.2

For every photocopy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form

R0.75

1.3

For a copy in a computer-readable form on stiffy disc

R7.50

1.4

For a copy in a computer-readable form on compact disc

R70.00

1.5

For a transcription of visual images for an A4-size page or part thereof

R40.00

1.6

For a copy of visual images

R60.00

1.7

For a transcription of an audio record for an A4-size page or part thereof

R20.00

1.8

For a copy of an audio record

R30.00

2. ACCESS FEE FOR TIME SPENT

2.1

The time reasonably required to search for the record for disclosure and preparation R30.00/hr or part of

R30.00/hr or part of

3. REQUEST FEE

3.1

For a request for access to a record by a person other than a personal requestor

R50.00

4. DEPOSIT

4.1

One third of the access fee is payable as a deposit by the requester

4.2

Six hours as the hours to be exceeded before a deposit is payable

5. POSTAL FEE

5.1

5.1 When a copy of a record must be posted to the requestor

R9.75

6. VAT

6.1

Private bodies registered under the Value Added Tax Act, 1991 may add VAT to all the above-mentioned fees

  • Should any request for records be refused, any deposit paid in respect of such request will be returned to the requester.
  • No records will be furnished to the requester until the applicable fees have been paid to Spescom.

5.8. Manual Review

· This manual is a controlled document, and will be reviewed annually in accordance with Spescom's quality control procedures and otherwise updated as and when required in terms of the Act.

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