PAIA Manual.

PAIA, together with all relevant legislation, provides for the right of access to information held by public and private bodies when such information is requested for the exercise of protection of any rights. This purpose of this manual is to assist any potential requesters of the procedural and other requirements which a request for information must meet as prescribed by PAIA.

1. Board of directors

• JHK Visser (Director)
• GS Mackintosh (Director)

2. Introduction

This manual is prepared in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000, ("PAIA") ViaMedia (Pty) Ltd ("ViaMedia"). Registration number 2002/012800/07

ViaMedia is a private company with its registered address at 4 Loop Street, The Studios, Cape Town, South Africa. ViaMedia is in the business of operating and developing products, services, content and infrastructure for mobile operators and device manufacturers.

3. Information required

In terms of section 51(1)(a) of the Act.

Section 10 guide

PAIA requires the South African Human Rights Commission (“SAHRC”) to compile a guide to be available in each official language, to assist individuals in understanding how to exercise their rights contained in PAIA. Any queries regarding this guide can be addressed directly to the SAHRC at:

4. Records are kept in terms of the following legislation

• Basic Conditions of Employment Act 75 of 1997
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Competition Act 89 of 1998
• Consumer Protection Act 68 of 2008
• Customs and Excise Act 91 of 1964
• Employment Equity Act 55 of 1998
• Financial Advisory and Intermediary Services Act no 37 of 2002
• Financial Intelligence Centre Act 38 of 2001
• Johannesburg Stock Exchange listing requirements
• Income Tax Act 58 of 1962
• Insider Trading Act No.135 of 1998
• Intellectual Property Laws Amendments Act 38 of 1997
• Labour Relations Act 66 of 1995
• Skill Development Levies Act 9 of 1999
• Skills Development Act 97 of 1998
• Occupational Health and Safety Act 85 of 1993
• Prevention of Organised Crime Act 121 of 1998
• The Companies Act No. 71 of 2008
• The National Credit Act 34 of 2005
• Trade Marks Act 194 of 1993
• Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002
• Value Added Tax Act 89 of 1991
• Such other legislation as may from time to time be applicable

5. Records held by ViaMedia

In terms of section 51(1)(e) of the Act.

Companies Act Records

• Documents of Incorporation
• Index of names of Directors
• Memorandum of Incorporation
• Minutes of meetings of the Board of Directors
• Minutes of meetings of Shareholders
• Proxy forms
• Register of directors’ shareholdings
• Share certificates
• Share Register and other statutory registers and/ or records and/or documents
• Special resolutions/ resolutions passed at general and class meetings

Admin, Finance and Accounting

• Documents of Incorporation
• Accounting records
• Policies and procedures
• Asset registers
• Banking details and bank statements
• Financial reports
• Financial statements
• Banking records
• Debtors/ Creditors statements and invoices
• General ledgers
• General reconciliation
• Invoices
• Policies and procedures
• Rental agreements
• Tax returns

Income Tax Records

• PAYE records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• All other statutory compliances
• VAT
• Skills Development Levies
• UIF
• Workmen’s Compensation

Human Resources

• Address and contact lists
• Disciplinary records
• Employment contracts
• Forms and applications
• Leave records
• Payroll reports
• Salary records
• Standard letters and notices
• Training manuals
• Training records
• Policies and procedures
• Skills development plans
• Records and reports

Operations

• Permits, licences, consents, approvals, authorisations, applications and registrations
• Policies and procedures
• Reports and supporting documentation
• Contractor, partner, client and supplier agreements and information
• Advertising material
• Environmental, health and safety records
• Customer details (mobile number)
• Information and records provided by third parties

Information technology

• System documentation and manuals
• Project, disaster recovery and implementation plans
• Hardware asset register
• Information security policies
• Project implementation plans
• Software licensing

6. Procedure for request for access

In terms of section 53 to 57 and 60 of the Act.

• To request a document that does fall within the ambit of PAIA, the requester must complete the prescribed form as set out in Annexure A (form C) hereto and submit same to the Information Officer via the contact details listed under B above.
• The prescribed form must be completed with sufficient detail to enable the Information Officer to clearly identify the record/s requested, the requester’s identity and which form of access to the records is required, should the request be granted. The requester must explain what other right is being protected or exercised.
• If the request is being made on behalf of another person, the requester must submit proof, to the satisfaction of the Information Officer, of the capacity in which they are making the request.
• The Information Officer will process the request and notify the requester of its decision whether or not the request has been granted. Should the request be granted, the notice will state the access fees (if any) that are payable and of the different procedures that must be followed until the request is finalised. A copy of the fee structure applicable to public and private bodies can be accessed on www.sahc.org.za.
• Should the request be refused, the notice will state adequate reasons for the refusal.

7. Grounds for refusal of access to records

In terms of section 63 to 69 of the Act and the protection of personal information Act No. 4, 2013. Access to certain records may be or must be denied on the grounds set out in PAIA. This includes:

• Mandatory protection of privacy of a third party who is a natural person;
• Mandatory protection of commercial information of third party;
• Mandatory protection of certain confidential information of third party;
• Mandatory protection of safety of individuals, and protection of property;
• Mandatory protection of records privileged from production in legal proceedings;
• Commercial information of private body;
• Mandatory protection of research information of third party, and protection of research information of privacy body.

8. Availabiity of the manual

Copies of this manual are available for inspection, free of charge, at the registered offices of ViaMedia and on our website (viamedia.co.za).The South African Human Rights Commission may also be contacted to obtain a copy of the ViaMedia manual.