Promotion Of Access To Information Act Manual In Terms Of Section 51

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. What Is The ISPA?

The ISPA is a South African Internet industry body, not for gain. ISPA was formed in 1996 and has been proactive in the sector facilitating exchange between the different independent Internet providers, the regulatory authority, operators and other service providers in South Africa. The ISPAs members comprise of small, medium and large Internet Service and Access Providers, as well as various associate members. Providing a forum for co-operation, The ISPA also offers informational support services to members and continues to participate as much as possible in the ongoing dialogue of policy development with Government, the Regulator and the private sector.

The ISPA operates as a virtual organisation and as such does not have a physical office. All communication with the ISPA may be conducted by mail, fax or electronic mail instead.

2. Availability Of This Manual

A copy of this Manual is available on our website 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. This Manual will be updated from time to time, as and when required.

3. How To Request Access To Records Held By The Ispa

Requests for access to records held by the ISPA must be made on the request form that is available on our website, from the SAHRC website or the Department of Justice and Constitutional Development (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 ISPA.

The standard form that must be used for the making of requests is attached as annexure 1. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to the ISPA 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 ISPA does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

6. Voluntary Disclosure

The ISPA has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that various information relating to the ISPA, as well as research prepared by the ISPA is freely available on the ISPA website. Certain other information is also made available on such website 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:

Income Tax Act 58 of 1962

Value Added Tax Act 89 of 1991

Electronic Communications And Transactions Act 25 of 2002

8. Records Held By The Ispa

The ISPA 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.

In addition, please note that each company within the ISPA does not hold records in respect of every category and subject matter listed here. If you are uncertain which entity holds the relevant record, please provide the Information Officer with as much detail as possible to minimise delays.

8.1 Internal records

The following are records pertaining to the ISPAs own affairs:

Constitution

Financial records

Operational records

Intellectual property

Marketing records;

Internal correspondence;

Internal policies and procedures;

Records held by officials of the ISPA.

8.2 Personnel records

The ISPA does not have any employees and the ISPAs office-bearers, consultants and outsourced secretariat attended to all necessary functions of the association. Personnel refers to any person who works for or provides services to or on behalf of the ISPA and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the ISPA. This includes, without limitation, office-bearers, consultants, outsourced service providers and contract workers. Personnel records include the following:

Any personal records provided to the ISPA by their personnel;

Any records a third party has provided to the ISPA about any of their personnel;

Personnel-related contractual and quasi legal records; and

Other internal records and correspondence.

8.3 Member records

Member records includes the following:

Any records a member or candidate member has provided to the ISPA or a third party acting for or on behalf of the ISPA;

Contractual information;

Any records a third party has provided to the ISPA either directly or indirectly; and

Records generated by or within the ISPA pertaining to members and/or candidate member, including transactional records.

8.4 Other Records

Further records are held including:-

Information relating to the ISPAs own activities;

The ISPAs code of conduct for its members;

Research carried out on behalf of its members by the ISPA, or commissioned from a third party for such members; and

Research information belonging to the ISPA, whether carried out itself or commissioned from a third party.

Reproduction Fees

You can download a version of the fees document from the SAHRC website here

Annexure A: Online form for making an information request: not yet active.