Sivoxi
Legal

PAIA manual

1. DEFINITIONS

In this Manual, unless the context indicates otherwise, the words and expressions set out below shall have the meanings assigned to them and cognate expressions shall have a corresponding meaning, namely:

  1. “Act” means the Promotion of Access to Information Act No. 2 of 2000;
  2. “Constitution” means the Constitution of the Republic of South Africa Act No. 108 of 1996;
  3. “Manual” means this manual published in terms of section 51(1) of the Act; and
  4. “SIVOXI™” means Bronze Sign Trading t/a SIVOXI™, a close corporation duly incorporated in accordance with the laws of South Africa with registration number: 2010/105549/23.

2. INTRODUCTION

  1. This Manual is published in terms of Section 51(1) of the Act. The Act gives effect to the provisions of section 32 of the Constitution, which provides for the right of access to: (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights.
  2. The Act sets out the procedural requirements applicable to requests for information, the requirements which requests must meet as well as the grounds for refusing requests. This Manual informs requesters of the procedural and other requirements which a request must meet.
  3. The Act also recognises that the right to access information must be balanced with other rights and should be subject to limitations including, but not limited to, limitations aimed at the reasonable protection of privacy and commercial confidentiality.
  4. The reference to information in addition to that specifically required in terms of section 51 of the Act does not create a right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
  5. This Manual is available for inspection, free of charge, at the offices of SIVOXI™ (see details below).
  6. This Manual will be updated as and when required.

3. OVERVIEW OF SIVOXI™

  1. SIVOXI™ is a close corporation conducting its business as a digital transformation agency and is headquartered in Johannesburg, South Africa.
  2. We provide cutting edge software design, development and product engineering solutions with the undertaking to help businesses of all sizes accelerate their adoption of new technologies and unfasten complex issues that continuously emerge during digital evolution.
  3. We further support 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.

4. CONTACT DETAILS

  1. Name of private body: Bronze Sign Trading Close Corporation t/a SIVOXI™
  2. Information Officer: Gregory Khoury
  3. E-mail address of Information Officer: greg@sivoxi.com
  4. Head Office address: 36 Bolton Road, Rosebank, Johannesburg, South Africa, 2196
  5. Postal address: 36 Bolton Road, Rosebank, Johannesburg, South Africa, 2196
  6. Telephone number: +27 60 803 9067
  7. Fax number: N/A
  8. Website URL: www.sivoxi.com

5. HOW TO ACCESS THE GUIDE – SECTION 10 OF THE ACT

  1. The Guide to the Act described in section 10 of the Act is available from the South African Human Rights Commission.
  2. Enquiries are to be directed to: The South African Human Rights Commissioner PAIA Unit The Research and Documentation Department Private Bag 2700 Houghton 2041
  3. Telephone number: +27 11 484 8300
  4. Fax number: +27 11 484 0582
  5. Website URL: www.sahrc.org.za
  6. E-mail address: paia@sahrc.org.za

6. VOLUNTARY DISCLOSURE AND AUTOMATIC AVAILABILITY OF CERTAIN RECORDS – SECTION 52(1) OF THE ACT

  1. SIVOXI™ has not published a voluntary notice in terms of Section 52(1) of the Act.
  2. It should be noted that certain information in the form of marketing brochures, advertising material and other public communication could be made available from time to time.

7. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

  1. Information is available in terms of the following legislation, to the persons and or entities specified in such legislation:
    1. Companies Act No. 71 of 2008.
    2. Compensation for Occupational Injuries and Diseases Act 130 of 1993.
    3. Income Tax Act No. 58 of 1962.
    4. Value Added Tax Act No. 89 of 1991.
    5. Labour Relations Act No. 66 of 1995.
    6. Basic Conditions of Employment Act No. 75 of 1997.
    7. Employment Equity Act No. 55 of 1998.
    8. Skills Development Levy Act No. 9 of 1999.
    9. Unemployment Insurance Act No. 63 of 2001.
  2. In addition, information will be made available to government regulators as and when required by legislation specific to SIVOXI™.

8. SUBJECTS AND CATEGORIES OF RECORDS HELD BY SIVOXI™ – SECTION 51(1)(e) OF THE ACT

SIVOXI™ maintains records on the following categories and subject matters. However, such category or subject matter being recorded in this Manual does not imply that a request for access to such records will be granted. Any request for access to records will be evaluated in accordance with the provisions of the Act.

  1. Internal Records: These records refer to SIVOXI™ own affairs and that of its divisions, subsidiary and associated companies, if such exists:
    1. Constitutional Documents.
    2. Financial records.
    3. Annual financial statements.
    4. Accounting records.
    5. Asset registers.
    6. Banking records.
    7. Invoices.
    8. Rental agreements.
    9. Tax returns.
    10. Operational records.
    11. Licences.
    12. Intellectual property.
    13. Marketing records.
    14. Statutory records.
    15. Internal policies and procedures.
  2. Personnel records:
    1. Personnel refer to any person who works for or provides services to or on behalf of SIVOXI™ and receives or is entitled to receive any remuneration or assist in carrying out or conducting the business of SIVOXI™.
    2. This includes without limitation the directors, executive directors, non-executive directors, permanent, temporary or part-time staff, to include contract workers.
    3. The records include the following:
      1. Any personal records provided by personnel.
      2. Any record in relation to personnel provided by a third party.
      3. Conditions of employment and contractual related records.
      4. Internal evaluation records.
      5. Disciplinary codes.
      6. Disciplinary records.
      7. Employment contracts.
      8. Employment equity plans.
      9. Medical Aid records.
      10. Salary records.
      11. Training manuals.
      12. Training records.
  3. Customer records:
    1. We are dedicated to protecting the confidential information of our customers. Should any of these records be requested you will be required to carefully motivate such request, having regard to Sections 63 and 67 of the Act, which deals with the protection of third-party information.
    2. These records include the following:
      1. Any records historically provided by a customer or a third party acting for or on behalf of such customer.
      2. Contractual information.
      3. Customer needs assessments.
      4. Personal records of customers.
      5. Credit information and other research relating to a customer.
      6. Customer evaluation records.
      7. Customer profiling.
      8. Performance research conducted on behalf of customers or about customers.
      9. Records generated by us, pertaining to customers, to include transactional records.
  4. Other Parties:
    1. Records are kept in respect of other parties, to include, without limitation contractors, suppliers, service providers and general market conditions. Such records which belong to SIVOXI™ may be in the possession of other parties.
    2. These records include the following:
      1. Personnel or customer records which are held by another party.
      2. Records held, pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, records provided by such other party and records about contractors, suppliers or customers, provided by third parties.
  5. Other Records: These records include the following:
    1. Information relating to SIVOXI™ own commercial activities.
    2. Research carried out on behalf of a client or commissioned by a customer.
  6. Records in terms of the Close Corporations Act No. 69 of 1984: The records include the following:
    1. Documents of incorporation.
    2. Minutes of meetings of members.
    3. Records reflecting the appointment of members, auditor, company secretary, prescribed officer, or any other officer in as far as such records are applicable.
    4. Register of members and other statutory registers.

9. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS – CHAPTER 4 OF THE ACT

SIVOXI™ may refuse a request for information on, inter alia, the following basis:

  1. The mandatory protection of the privacy of a third party who is a natural person, in order to avoid the unreasonable disclosure of personal information concerning that natural person (including a deceased individual).
  2. The mandatory protection of the commercial information of a third party, if the record contains:
    1. trade secrets of that third party;
    2. financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or
    3. information supplied in confidence by a third party, the disclosure of which could reasonably be expected:
      1. to put that third party at a disadvantage in contractual or other negotiations; or
      2. to prejudice that third party in commercial competition.
  3. The mandatory protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement.
  4. The mandatory protection of the safety of individuals and the protection of property.
  5. The mandatory protection of records which would be privileged from production in legal proceedings.
  6. The protection of SIVOXI™’s commercial activities including, without limitation, records that contain:
    1. SIVOXI™’s trade secrets;
    2. financial, commercial, customer, scientific or technical information, the disclosure of which would be likely to cause harm to SIVOXI™’s commercial or financial interests;
    3. information, the disclosure of which could reasonably be expected:
      1. to put SIVOXI™ at a disadvantage in contractual or other negotiations; or
      2. to prejudice SIVOXI™ in commercial competition.
    4. computer programs owned by SIVOXI™.
  7. The mandatory protection of research information of SIVOXI™ or a third party, if disclosure would expose the identity of SIVOXI™ or the third party, the researcher or the subject matter of the research to serious disadvantage.
  8. Requests for information that are, in SIVOXI™’s reasonable opinion, manifestly frivolous or vexatious or which involve an unreasonable diversion of resources.

10. HOW TO SUBMIT A REQUEST FOR ACCESS TO INFORMATION

  1. A requestor will only be given access to a record(s) held by SIVOXI™ if:
    1. the record is required for the exercise or protection of a right;
    2. the requestor has complied with all procedural requirements relating to a request for access to a particular record including making the request in the prescribed format; and
    3. access to that record is not refused in terms of any ground for refusal.
  2. A requester requiring access to information held by SIVOXI™ must make the request in the prescribed form and submit the request, together with the prescribed fee and deposit, if applicable, to SIVOXI™’s Information Officer at the postal or physical address above.
  3. The prescribed form must be completed with enough particularity to enable SIVOXI™ to identify:
    1. the record(s) requested;
    2. the identity of the requester;
    3. the form of access required, if the request is granted;
    4. the postal address or fax number of the requester.
  4. The requester must:
    1. state that the record is required in order to exercise or protect a right; and
    2. provide details of the nature of the right to be exercised or protected.
  5. Subject to SIVOXI™’s rights relating to extensions in terms of the Act, it will process the request within 30 (thirty) days of receipt unless the requester has submitted special reasons, to SIVOXI™’s reasonable satisfaction, in support of a request that the above time periods be dispensed with.
  6. SIVOXI™ will give the requestor written notice of its decision, including reasons if the request is declined.
  7. The said 30 day period may be extended for a further period of not more than 30 (thirty) days if the request is for a large number of records, or the request requires a search for information which cannot reasonably be obtained within the original 30 day period. The information officer will notify the requester in writing should an extension be sought.
  8. If a 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 reasonable satisfaction of SIVOXI™.
  9. If an individual is unable to submit the request in the prescribed form because of illiteracy or disability, such a person may make the request orally.
  10. The requester must pay the prescribed fee, and deposit where applicable, before the request will be considered.

11. REMEDIES AVAILABLE WHEN SIVOXI™ REFUSES A REQUEST FOR INFORMATION

  1. Internal Remedies: SIVOXI™ does not have internal appeal procedures.
  2. External Remedies: A requester or a third party, who is dissatisfied with the decision of SIVOXI™ in relation to a request for access to a record (including with regard to fees) may, within 30 (thirty) days apply to the High Court of South Africa, or any other Court having jurisdiction, for relief.

12. FEES PAYABLE FOR ACCESS OF INFORMATION

  1. The Act provides for two types of fees, namely:
    1. a request fee, being a standard fee; and
    2. an access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
  2. When a request is received by SIVOXI™ it will, by written notice, require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request.
  3. If the search for the record has been made and the preparation of the record for disclosure would require more than the hours prescribed for this purpose, the Information Officer will notify the requester to pay, as a deposit, the prescribed portion of the access fee which would be payable if the request is granted.
  4. SIVOXI™ will withhold a record until the requester has paid the prescribed fees (and deposit where appropriate).
  5. A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.
  6. If a deposit has been paid in respect of a request for access, which is refused, then SIVOXI™ will repay the deposit to the requester.

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