The Promotion of Access to Information Act, 2 of 2000 ("the Act") came into operation on 9 March 2001 . The Act seeks to give natural and/or juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights.
Section 51 of the Act obliges private bodies to compile a Manual which would assist a person to obtain access to information held by such a private body and stipulates the minimum requirements a manual has to comply with. Section 51 requires a manual to contain the following:
Postal and street address, phone and fax number and, if available, the electronic mail address of the head of the private body;
A description of the guide referred to in section 10 of the Act , if available , and how to obtain access to it.
Categories of information available without formal request, if any .
A description of the records available in accordance with any other legislation
A description of the subjects on which the body holds records and the categories of records held on each subject,
The information held by the aforementioned companies has been divided into two hundred categories. These categories have been grouped into twelve subjects, each of which describes a single business entity, for example, "Human Resources". For ease of understanding and navigation, an additional level has been added between the "subject" and "category" levels. This additional level describes more accurately the sub-set of categories that falls under it. For example, under the additional level, the subject "Performance and Remuneration" is made up of information categories describing payroll, bonus and incentives, and employee performance information. The categories of information are not exhaustive but are merely meant to give a broad indication of the information subject and categories held by Cellfind, without specification. A category may therefore contain sub-categories and sub-sets of information, which are not specifically listed. ( See Page 9 below )
In order to ensure that the mentioned Cellfind companies comply with the Act the managing directors of the mentioned companies have designated Cellfind client services as the only entry point through which any request in terms of the Act must be channelled.
All requests in terms of the Act must be addressed to:
Cellfind client services:
Physical address :
Cellfind client services
1 st Floor, Renaissance Park
082 Vodacom Blvd
Midrand
Postal address :
Cellfind client services
PO Box 7085
Halfway House
1685
5. Who may requestInformation or records in terms of the act
5.1 The purpose for which Information is required
The Act provides that a person may only request information in terms of the Act, if the information is required for the exercise or protection of a right.
Information will therefore not be furnished unless a person clearly provides sufficient particulars to enable the company to identify the right the requester is seeking to protect as well as an explanation of why the requested information is required for the exercise or protection of that right.
5.2 Requester categories :
The capacity in which a requester requests information will determine the category he or she falls in. Please note that the requester category has a bearing on the charges pertaining to the access to information. ( See Page 31 and Request Fees below ).
Requesters have been classified into four categories :
A personal requester: - requests personal information about himself/herself .
A representative requester: - requests information on behalf of someone else .
A third Party requester: - requests personal information of another person .
A public body: - requests information in the public interest .
Any request for information in terms of this Act must be contained in Form C. ( See Page 17 ). This formality is prescribed by the Act.
Form c must be completed in full and returned to Cellfind client services together with any other information that the mentioned companies require in order to consider and decide on the request. A request, which does not comply with the formalities, as prescribed by the Act will be forwarded back to the requester with advice on the necessary steps for compliance. This includes Forms that are not completed in full.
Cellfind client services will not consider a request unless it is contained in form c. Cellfind client services will make copies of the mentioned form available on request.
6.2 Proof of identity:
Proof of identity is required to authenticate the request and the requester. In view hereof, a requester will, in addition to form c, be required to submit acceptable proof of identity such as a certified copy of their identity document or other legal forms of identity.
Section 54 if the Act entitles a company to levy a charge or request fee to enable the company to recover the cost of processing a request and giving access to records in terms of the Act. The fees that may be charged have been published by the Minister of Justice and are set out on page 33.
Note that where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
All requests complying with the requirements set out above will be processed and considered expeditiously.
Please note that the Act stipulates the following grounds for refusing requests for information:
Mandatory protection of the privacy of a third party who is a natural person [ section 63 ]
Mandatory protection of commercial information of a third party [section 64]
Mandatory protection of certain confidential information of a third party [ section 65 ]
Mandatory protection of safety of individuals and protection of property [ section 66 ]
Mandatory protection of records privileged from production in legal proceedings [ section 67]
Commercial information of the private body [ section 68 ]
Mandatory protection of research information of third party and of the private body [ section 69 ].
Whatever decision is taken, the requester will be given notice of the decision in writing. The Act requires that such notification be given within 30 days of the decision being made. In case of a request being refused, the notification will include the reasons for the refusal.
Please note that Cellfind client services may extend the thirty-day notice period if it is necessary due to the nature of the request and the amount of time required to gather the requested information. The requester will however be given notice of the extension prior to the 30 day period's expiry.
The Act does not require a company to establish an internal appeal structure for the purpose of allowing a requester who is aggrieved by a decision of the company to appeal such a decision. This requirement only applies to a public body.
A requester aggrieved by Cellfind's decision must therefore approach a court of law.
The Human Rights Commission's Guide might contain information on appeal procedures.
Section 10 of the Act imposes a duty on the human rights commission to "compile in each official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably required by a person who wishes to exercise any right contemplated in the Act
Details on how to obtain access to the mentioned guide were at the time of publication of this Manual not available. The Human Rights Commission may be contacted in this regard on the Human Rights Advice Line at 0860 120 120, during office hours between Monday and Friday.
11. Other legislation in terms of which information may be requested -section 51 (d)
Information is furnished in terms of legislation other than the Promotion of Access to Information Act, as and when requested in terms of the relevant legislation below :
Criminal Procedure Act, 1977, Act 51 of 1977;
Drugs and Drug-trafficking Act, Act 140 of 1992;
Interception and Monitoring Prohibition Act, Act 127 of 1992;
Prevention of Organised Crime Act, Act 121 of 1998;
Public Prosecution Authority Act, Act 32 of 1998;
Income Tax Act, Act 58 of 1962
Inside Trading Act, Act 135 of 1998
Intelligence Services Act No 38 of 1994
General Laws 6 Amendment Act, 204 of 1993
Environmental Conservation Act, 1989
Aviation Act, Act 74 of 1962.
Telecommunications Act, Act 103 of 1996
Value Added Tax Act, Act 89 of 1991
Pension Funds Act, Act 24 of 1956
Basic Conditions Of Employment Act, Act 75 of 1997
Unemployment Insurance Act, Act 30 of 1966
Skills Development Act, Act 97of 1998
Skill Development Levies Act, Act 9 of 1999
Employment Equity Act, Act 55 of 1998
Companies Act, Act 61 of 1973 (as amended)
Competition Act, Act 89 of 1998
Consumer Affairs Act, Act 23 of 1999
Occupational Health and Safety Act, Act 85 of 1993
Labour Relations Act, Act 127 of 1998
Electronic Communications and Transactions Act, Act 25 of 2002
12. Description of subjects and categories of information on which the aforementioned companies hold records -section 51(e)
Business partners
Information Category
Information Category Description
Commercial agreement with business partners
This is the document, which records the agreement with the business partner, and is the output of contractual negotiations undertaken previously. It is co-owned by the business unit(s) involved and Legal.
Contractual issues with Business Partners
All information related to reaching an agreement with a business partner, for example correspondence and minutes of meetings prior to the actual agreement, including details related to the agreement itself.
Corporate Social Investment
Information Category
Information Category Description
Corporate Social Investment - Application for Funding
The details of all Corporate Social Investment applications received for funding by Cellfind.
Corporate Social Investment - Projects
Details of the projects that have been approved and are underway.
Corporate Social Investment - Cellfind response
The information relating to process of approval or rejection of the applications received for Corporate Social Investment.
External Communication
Information Category
Information Category Description
External Publication
All publications for external bodies, includes all press clippings
Press Release/Communiqué
Issuing of media statements, press releases, official speeches etc.
Web and Magazine Content
Content available on Cellfind internet sites (for e.g. Cellfind.co.za)
Government Protocol
Information Category
Information Category Description
South African Government structure
Details of the structure and holders of the South African government
South African Parliament structure
Details of the structure and holders of the South African parliament
Visiting Foreign Governments structure
Details of the positions held by foreign government visitors to South Africa
Legal
Information Category
Information Category Description
Finalised litigation
Litigation that has been concluded by court process or mutual consent
Management
Information Category
Information Category Description
Board reports & meeting minutes
Reports prepared for the board meetings, and the subsequent minutes recording these meetings.
Project Activity and Schedule
Details of projects (tasks, resources, dependencies, durations, etc.)
Project Lifecycle and Macro Plan Information
This records the status and overarching objectives of the project. Project planning is undertaken according to the "Manage by Project" standard and all projects are registered in a project register.
Regulatory
Information Category
Information Category Description
Compliance certification
Compliance to international standards such as ISO9000 and COBIT
Compliance to license
The criteria related to the Mobile Telecommunications License conditions, as well as the performance against those conditions. Some metrics are number of subscribers, network rollout, performance and coverage, community, Client Services and emergency services, documented in the Cellular Operator's Report.
Policies and procedures
The documented policies and procedures of Cellfind's business processes and practices, for example relating to customer complaints.
Information on draft legislation, regulations and policy directives
VIP events
Information Category
Information Category Description
VIP event management
Cellfind Events with business partners and other third parties and including staff functions of a high profile.
Customer
Customer Information
Information Category
Information Category Description
Customer Contract Details
Contract customer details received during application process (if applicable)
Customer Credit Checking
Criteria and results of the credit checking process for customers requiring a contract (if applicable)
Customer Detail
All other customer details recorded during customer creation process, which are not covered by information categories Customer Contract Details and Customer Credit Checking, and including customer preferences.
Customer passwords & identification
Passwords, for e.g., and identification required for release
Customer Profile
Information relating to the customer profile, for e.g. which services are activated
Customer Type
Information relating to the customer type, for e.g. reflects type of tariff plan.
Loyalty Award
Information relating to awards given to loyal customers.
Number and growth of subscribers
The count of active subscribers as measured at a certain period, and the growth this reflects.
Payment History
Information relating to payments made.
Subscriber demographics
The subset of customer information which describes the demographic information of that subscriber.
Customer Management
Information Category
Information Category Description
Churn
The number of subscribers disconnected from the network, expressed as a percentage of all subscribers users.
Customer Satisfaction Metrics
Research and measurement of customer satisfaction.
Customer Segments/Markets
The categories into which the market (potential customers) and active customers are divided.
Customer Sensitivity Analysis
The information measuring the customers' propensity to churn.
Customer Survey
The information relating to a customer survey (survey, respondents, feedback etc.)
Retail account
Information Category
Information Category Description
Account Holder
Information relating to the entity (individual or organisation) to whom the bill is addressed
Account Information
Information about the account (balance, status etc.)
Contract Customer Bill
The billing information prepared for post-paid customers
Information on the most frequently asked questions
Customer Inquiry
Details of general customer inquiries
Customer Service Request
A service request is the recording of an issue raised by a customer which requires attention.
Outbound Response
Information relating to responses communicated to customers
VIP customer complaints
The complaints of customers categorised as VIP customers
Distribution Channel
Distribution Channel Management
Information Category
Information Category Description
Dealer Competitive Information
Information relating to the market conditions and environment for dealers
Dealer Promotion
Information relating to dealer promotions (type of handset, price, conditions etc.)
Distribution Channel Structure
Information Category
Information Category Description
Dealer
Dealer information
Outlet
Information about the outlet (location, size, type, etc.)
Retailer
Retailer information
Sales Cluster
The geographic area within South Africa in which a sale took place
Finance
Accounting
Information Category
Information Category Description
Budget
Budget information (amount, code, responsibility)
Cash / Bank Transaction
Information generated by a financial transaction as a result of the flow of information to or from Cellfind
Creditor
Creditor information (name, amount, status, etc.)
Debtor
Debtor information (name, amount, status, etc.)
Financial transactions
Information generated by a financial transaction
General Ledger Account
General Ledger Account information (code, name, responsibility)
Payment terms
The details of payment terms with creditors and debtors
Cellfind Invoice
Invoices from Cellfind to debtors
Asset
Information Category
Information Category Description
Asset
All assets.
Financial Performance
Information Category
Information Category Description
Financial Management Statistics
The description, definition and measurement of financial metrics which measures the financial performance of the organisation and which are reported in the monthly management report
Financial Target
The planned goal of a financial metric (for example "Earnings before Income Tax, Depreciation and Amortisation")
Wholesale Bill
Information Category
Information Category Description
3rd Party Contract Wholesale Bill
Wholesale Billing information prepared related to contract customers' revenue, forwarded as invoices to Networks
Human Resources
Internal Communication
Information Category
Information Category Description
Internal Communiqué
The information contained within any internal communication, via email or physical (paper) distribution.
Policy and Procedure Tracking and Documentation
The dissemination and implementation of policy and procedure information
Reference Material
Reference material used in internal communications
Research Material
Research material used in internal communications
Organisation Structure and Position
Information Category
Information Category Description
Archive of Senior Management Photographs
Photographs of senior management
Job Profiling
The categorisation of responsibilities associated with an employment position
Organisational Structure
The structure of the organisation into business units, commonly depicted in an organogram. This usually includes the top "n" levels of an organisation, for example the executive directors, name of departments reporting into their business units and position.
Position
The title and responsibilities of employment positions, including information related to the role and current incumbents. This includes information on contractors and other non-permanent staff members.
Performance and Remuneration
Information Category
Information Category Description
Employee Performance Record
The records relating to the employee performance, for example performance awards
Employee Timesheet Information
The records relating to the working hours' availability of an employee
Payroll
All information related to payment of an employee, for example payment method, bank account details, payment amount, payment date
Salary/Incentive/Bonus
Information related to the "package" of an individual, for example gross salary, PAYE amount etc.
Personnel Detail
Information Category
Information Category Description
Curriculum Vitae (CV) and Application Detail
Details of applicants for employment, including CV details
Disciplinary Record
Records of disciplinaries, for example, person, reason, status
Employee Lifecycle Information
The information about an employee "life" at Cellfind, i.e. when joined, promoted, positions held etc.
Employee Personal Detail
Personal details kept on employees, for example, next of kin
Personnel Development
Information Category
Information Category Description
Employee Promotion criteria
The criteria for promotion
Skill Level
The skills required for positions
Training Event / Course
Details of training courses available and held
Infrastructure
Facility
Information Category
Information Category Description
Bookings & appointments
Details of bookings for infrastructure elements, for example parking for visitors or video conference facilities
Facility/Security Access Record
Records of access to buildings by individuals
Loan Item
Items loaned to employees, for example training material
Office Layout and Maintenance
Details on office layout and maintenance performed, for example air-conditioning maintenance
Logistics
Audit Information
Information Category
Information Category Description
Inspection/Audit Result
Results of inspections and audits
Risk and Control
Details of known risks and measures to control those risks
Contract / SLA Management
Information Category
Information Category Description
Service Level Agreement
The details of service levels agreed between two parties.
Service Level Rating
The measurement of a service level's performance.
Supplier and Partner Contract/Agreement
The contract between a supplier and/or a business partner.
Procurement
Information Category
Information Category Description
Information Service Provider
The information about an information service provider.
Manufacturer
Details related to a manufacturer who produces goods for Cellfind, for example Name, Address, Goods produced
Procurement decisions
Information related to procurement decisions
Request for Information (RFI)
Details contained within a request for information document, for example services and deliverables required
Statement of Work
The details related to a Statement of Work, including the deliverable specifications, due date, price, risks etc
Supplier
Details relating to Supplier for example, registered name, banking details, status
Supplier demographics
Demographics of suppliers, with specific attention to the Historically Disadvantaged Individual (HDI) indicators
Supplier Invoice
Details related to an invoice received from suppliers
Cellfind Purchase Order
Details related to the purchase order process which controls the operational and capital expenditure of Cellfind
Sales and Marketing
Product / Service Management
Information Category
Information Category Description
Brand promotion
Information about promotions on Cellfind brands, including venue, date, format, leaflets, competition entry forms.
Brand tracking & research
Research and measurement of Cellfind's brands, done formally quarterly.
Price List (wholesale and retail)
Details of the available tariff plans, including prices, bundled minutes, services available etc
Product Launch
Information related to the launch of a new or revamped product
Product Life Cycle
The product life cycle is a sequence of stages (status) a product moves through from inception to decommissioning.
Product Performance Information
The metrics and performance of products
Product Specification
The specifications of a product
Sponsorships
Information about the sponsorships Cellfind is involved with which leverage the brand. These include Sport, cultural, CSR and broadcast.
Value Added Service
The information about value added services, for example voicemail.
Sales Management
Information Category
Information Category Description
Advertisements and Promotions
Information related to advertising schedules, standards & content, as well as management of advertising agencies
Commission
Information on the commission a distribution channel receives for customer transactions, which may be a new subscription or usage.
Incentive and Target
Information on the incentives and targets a distribution channel receives for customer transactions, which may be a new subscription or usage.
Sales Figure and Target
Information on the actual sales as well as the target sales figures for the distribution channels
Service
Fault
Information Category
Information Category Description
Diagnostic Support Information
The information generated by the diagnostic tests done on a faulty network element.
Trouble Ticket
Information on the faults logged (manually or automatically) for example date and time logged, element involved, type of problem. Also known as a service request.
Trouble Ticket Resolution
Information on the resolution of a trouble ticket, for example, time resolved.
Works Order
The information on planned engineering activity to network elements in order to install, maintain or upgrade it.
Service Event
Information Category
Information Category Description
Credit Card Recharge Transaction
The information generated during a credit card recharge transaction, for example date, amount.
Recharge Transaction
The information generated during a non-credit card recharge transaction, for example date, amount.
Service Event Information
The information related to events when services requested by a subscriber, for example, a request for the data service.
Service Profile
Information Category
Information Category Description
Service Profile
The information on which services a subscriber has currently access to.
Service Profile History
The history of events relating to service requests from subscribers
Usage
Legal & Criminal
Information Category
Information Category Description
Police Case
The information on police cases being investigated with the assistance of Cellfind.
Procedures & policies with regard to stolen phones
The information on the specific procedures and policies relating to the recording or handling of stolen phones.
Subpoena Request
The information on a subpoena request.
Suspected Fraud Alert
The information on alerts, which are triggered when fraud is suspected.
Usage Event
Information Category
Information Category Description
Short Message Service (SMS) Event Record
The information generated during an SMS event, for example, date and time, number SMS'ed etc.