PAIA

PROMOTION OF ACCESS TO INFORMATION ACT

Section 51 Manual
For East Coast Access

Introduction

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. EAST COAST ACCESS OVERVIEW

    East Coast Access provides Internet Services and Access to its customers, in both the corporate and home market. Some of these services include, but are not limited to, access, hosting, security and consulting.
    East Coast Access supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

  2. AVAILABILITY OF THIS MANUAL

    A copy of this Manual is available on our website (proatia.pdf) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

  3. HOW TO REQUEST ACCESS TO RECORDS HELD BY EAST COAST ACCESS

    Requests for access to records held by the East Coast Access must be made on the request form that is available on our website (formc.doc), from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees. Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
    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 indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
    The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
    If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of the East Coast Access.
    The standard form that must be used for the making of requests is available on our website (formc.doc). Not using this form couldcause your request to be refused (if you do not provide sufficie information or otherwise) or delayed.
    Kindly note that all requests to the East Coast Access will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the East Coast Access does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

  4. CONTACT DETAILS

    Name of Private Body: East Coast Access (Pty) Ltd
    Designated Information Officer: Bevan Andriés
    Email address of Information Officer: info@eastcoast.co.za
    Postal address: Level 3 The Quarterdeck, 69 Richefond Circle, Ridgeside Office Park, Umhlanga, 4320
    Street address:  Level 3 The Quarterdeck, 69 Richefond Circle, Ridgeside Office Park, Umhlanga, 4320
    Phone number: +27 31 566 8080
    Fax number: +27 31 566 8010

  5. HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT

    The Guide described in Section 10 of the Act is due in August 2003. From that date it
    will be available from the South African Human Rights Commission. 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:  +27 11 484-8300
    Fax: +27 11 484-0582
    Website: www.sahrc.org.za
    E-mail: paia@sahrc.org.za

  6. VOLUNTARY DISCLOSURE

    East Coast Access has not published a notice in terms of Section 52(2) of the Act, however,
    it should be noted that the information relating to East Coast Access and its services is freely
    available on East Coast Access’s website. Certain other information relating to East Coast
    Access is also made available on such website from time to time.
    Further information in the form of marketing brochures, advertising material and other public
    communication is made available from time to time.

  7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION Section 51 (1) (d)

    Information is available in terms of the following legislation, if and where applicable, which
    includes but is not limited to:
    Basic Conditions of Employment No. 75 of 1997
    Closed Corporation Act No. 69 of 1984
    Companies Act 61 of 1973
    Electronic Communications and Transactions Act 25 of 2002.
    Financial Intelligence Centre Act – Act 38 of 2001
    Labour Relations Act 66 of 1995
    Promotion of Access to Information Act No. 2 of 2000Regional Services Councils Act No. 109 of 1985
    Skills Development Levies Act No. 9 of 1999
    Skills Development Act No. 97 of 1998
    Unemployment Contributions Act No. 4 of 2002
    Unemployment Insurance Act No. 63 of 2001
    Value Added Tax Act No. 89 of 1991
    Access to the records held by the private body in question
    i.   The latest notice regarding the categories of records of the body, which are
    available without a person having to request access in terms of this Act in
    terms of section 52(2) Section 51(1)(c)
    Not applicable

  8. RECORDS HELD BY EAST COAST ACCESS

    The East Coast Access maintains records on the following categories and subject matters.
    However, please note that recording a category or subject matter in this Manual
    does not imply that a request for access to such records would be honoured. All
    requests for access will be evaluated on a case by case basis in accordance with the provisions
    of the Act.

    1. Internal Records

      • Memorandum and Articles of Association
      • Financial records
      • Operational records
      • Intellectual property
      • Marketing records
      • Internal correspondence
      • Product records
      • Statutory records
      • Internal policies and procedures
    2. Personnel records

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

      • Any personal records provided to East Coast Access by their personnel;
      • Any records a third party has provided to East Coast Access about any of their personnel;
      • Conditions of employment and other personnel-related contractual and quasi-legal records;
      • Internal evaluation records;  and
      • Other internal records and correspondence.
    3. Customer records

      Please be aware  that East Coast Access 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:

      • Any records a customer has provided to East Coast Access or a third party acting for or on behalf of East Coast Access;
      • Contractual information;
      • Customer needs assessments;
      • Personal records of customers;
      • Credit information and other research conducted in respect of customers;
      • Any records a third party has provided to East Coast Access about customers;
      • Confidential, privileged, contractual and quasi-legal records of customers;
      • Customer evaluation records;
      • Customer profiling;
      • Performance research conducted on behalf of customers or about customers;
      • Any records a third party has provided to East Coast Access either directly or indirectly;  and
      • Records generated by or within East Coast Access pertaining to customers, including transactional records.
    4. Technical records

      • Technical records generated by, or within East Coast Access pertaining to customers.
    5. Other Parties
      Records are kept in respect of other parties, including without limitation contractors,
      suppliers, joint ventures, service providers and general market conditions. In addition,
      such other parties may possess records, which can be said to belong to East Coast
      Access. The following records fall under this category:

      • Personnel, customer or East Coast Access records which are held by another party as opposed to being held by East Coast Access; and
      • Records held by Company Name 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.
    6. Other Records

      Further records are held including:-

      • Information relating to East Coast Access own commercial activities;  and
      • Research carried out on behalf of a client by East Coast Access or commissioned from a third party for a customer;
      • Research information belonging to East Coast Access, whether carried out itself or commissioned from a third party.