CapeConnectInternet

PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL

6 VOLUNTARY DISCLOSURE

CAPE CONNECThas not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to CAPE CONNECT and its services is freely available on CAPE CONNECT’s website. Certain other information relating to CAPE CONNECT 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 ANY OTHER LEGISLATION

Information is available in terms of the following legislation to the persons or entities specified in such legislation:
Companies Act 61 of 1973
Income Tax Act 58 of 1962
Value Added Tax Act 89 of 1991
Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997
Employment Equity Act 55 of 1998
Skills Development Levies Act 9 of 1999
Unemployment Insurance Act 30 of 1966
Electronic Communications and Transactions Act 25 of 2002.

8 RECORDS HELD BY CAPE CONNECT

CAPE CONNECT 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.

8.1 Internal records

The following are records pertaining to CAPE CONNECT’s own affairs and those of its divisions, subsidiary and associated companies:
• Memorandum and Articles of Association
• Financial records
• Operational records
• Intellectual property
• Marketing records;
• Internal correspondence;
• Product records;
• Statutory records;
• Internal policies and procedures;
• Records held by officials of CAPE CONNECT.

8.2 Personnel records

Personnel refers to any person who works for or provides services to or on behalf of CAPE CONNECT and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of CAPE CONNECT. This includes, without limitation, members, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
• Any personal records provided to CAPE CONNECT by their personnel;
• Any records a third party has provided to CAPE CONNECT 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.

8.3 Customer records

Please be aware that CAPE CONNECT 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 CAPE CONNECT or a third party acting for or on behalf of CAPE CONNECT;
• 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 CAPE CONNECT 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 CAPE CONNECT either directly or indirectly; and
• Records generated by or within CAPE CONNECT pertaining to customers, including transactional records.

8.4 Technical records

• Please advise;

8.5 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 CAPE CONNECT. The following records fall under this category:

• Personnel, customer or CAPE CONNECT records which are held by another party as opposed to being held by CAPE CONNECT; and
• Records held by CAPE CONNECT 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.

8.6 Other Records

Further records are held including:-
• Information relating to CAPE CONNECT’s own commercial activities; and
• Research carried out on behalf of a client by CAPE CONNECT or commissioned from a third party for a customer;
• Research information belonging to CAPE CONNECT, whether carried out itself or commissioned from a third party.

ANNEXURE 1

PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER
FORM B

REQUEST FOR ACCESS TO RECORDS OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, No 2 of 2000)
(Regulation 4)

A. Particulars of Private Body
The Information Officer: in respect of __________________________ (specify company, if applicable)

B. Particulars of Person requesting access to the record
(a) The particulars of the person who requests access to the records must be recorded below.
(b) Furnish an address and/or fax number in the Republic to which information must be sent.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full Name and Surname: _____________________________________
Identity Number: ___________________________________________
Postal Address: ____________________________________________
Telephone Number: _________________________________________
Fax Number: ______________________________________________
E-mail address:__________________________________________________
Capacity in which request is made, when made on behalf of another person:

C. Particulars of person of whose behalf request is made:
This section must be completed only if a request for information is made on behalf of another person

Full names and Surname: _____________________________________
Identity Number: ____________________________________________

D. Particulars of Record:
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios

1. Description of the Record or relevant part of the record:
____________________________________________________________________________________________________________________ __________________________________________________________

3. Any further particulars of the record:
____________________________________________________________________________________________________________________ __________________________________________________________

E. Fees:
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount of the request fee.
(c) The fee payable for access to a record depends on the form in which the access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason therefore.

Reason for exemption of payment of the fee (if any):
__________________________________________________________

F. Form of Access to the Record:
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: Form in which record is required:
____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ __________________________________________________________
Mark the appropriate box with an “X”
NOTES:
(a) Your indication as to the required form of access depends on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:
Copy of record * Inspection of record
2. If the record consists of visual images:
(This includes photographs, slides, video recordings, computer-generated images, sketches, etc.)
View the images Copy of the images * Transcription of the images*
3. If the record consists of recorded words or information which can be reproduced in sound:
Listen to the soundtrack
(audio cassette) Transcription of soundtrack *
(written or printed document)
4. If the record is held on computer or in an electronic or machine-readable form:
Printed copy of record Printed copy of information derived from the record * Copy in computer readable form * (3,5” magnetic or optical compact disc)
If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
A postal fee is payable. YES NO

G. Particulars of right to be exercised or protected:
If the provided space is inadequate, please continue of a separate folio and attach it to this form
The requester must sign all the additional folios

1. Indicate which right is to be exercised or protected: __________________________________________________________ ____________________________________________________________________________________________________________________

2. Explain why the requested record is required for the exercising or protection of the aforementioned right:
____________________________________________________________________________________________________________________

H. Notice of decision regarding request for access:
You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?
____________________________________________________________________________________________________________________

Signed at _______________ this________ day of ___________ 20____

___________________________________
SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE