PAIA Manual

Prepared in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000

1. Right of access to information

1.1 Introduction

The 1996 South African Constitution entrenches the fundamental right to access to information by providing a statutory right of access on request to any record held by the state as well as access to records held by private bodies.

The Promotion of Access to Information Act 2 of 2000 (the "Act" / "PAIA"), which came into effect on 9 March 2001, seeks to advance the values of transparency and accountability in South Africa and provides the mechanism for requesters to exercise and protect their constitutional right to request access to a record.

Operating together, PAIA and the Protection of Personal Information Act, No 4 of 2013 ("POPIA") balances the need for information, against the need for the protection of personal information.

In accordance with the Act, all private bodies must publish a manual, referred to as an "information manual" or "PAIA manual", to assist requesters who wish to request access to a record.

1.2 Availability of the TIM PAIA Manual

This document serves as the TIM PAIA Manual ("the Manual") under the requirements of section 51 of the Act to facilitate access to personal information records held by TIM.

A copy of this Manual is available to any person of the public in a PDF ("Portable Document Format") version on the website of TIM at www.tim.africa or by request from the Information Officer referred to in this Manual.

TIM Africa. TIM fully supports the principles of the Act and is confident that this Manual will serve as a valuable resource for requesters in exercising their rights.

In summary, the Manual provides information on the following:

1.3 Who may request access to information

PAIA provides that a requester is only entitled to access a record if the record is required to exercise or protect a right. Only requests for access to a record, where the requester has satisfied the Information Officer that the record is required to exercise or protect a right, will be considered. A requester may act differently for a record.

This will influence the amount charged when a request has been lodged.

Requesters may request as follows:

1.4 Contact details for TIM Africa (Pty) Ltd Information Officer Sec 51(1) a

The person responsible for the administration of the Act within TIM are:

1.5 Confidentiality and Access to Information Policy

TIM will protect the confidentiality of information provided to it by third parties, subject to TIM obligations to disclose information in terms of any applicable law or a court order requiring disclosure of the information. If access is requested to a record that contains information about a third party, TIM is obliged to attempt to contact this third party to inform them of the request

This enables the third party to respond by either consenting to the access or providing reasons why the access should be denied. If the third party furnishes reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted.

1.6 SAHRC guidance to requesters on Sec 51 (1)(b)(i)

The Information Regulator is required in terms of section 10 of the Act to update and make available the existing guide that the South African Human Rights have compiled Commission ("SAHRC") that contains information to assist a person wishing to exercise a right in terms of the Act and the Protection of Personal Information Act 4 of 2013 ("POPI Act") for requesters. It contains information to assist a person wishing to exercise a right regarding the Act.

The SAHRC guide is available on the SAHRC website at www.sahrc.org.za.

You may also request any additional information to assist you in requesting the SAHRC. Please direct any queries to:

2. TIM Africa (Pty) Ltd structure

2.1 Scope

This Manual has been prepared in respect of TIM. The scope of this Manual will exclude TIM operations outside of the Republic of South Africa.

3. Classes of records

3.1 Automatic Disclosure: Sec 51 (1)(b)(ii) Records automatically available to the Public

The following records are automatically available at the registered office of TIM Africa (Pty) Ltd upon payment of the prescribed reproduction fee.

3.2 Legislative requirements: Sec 51 (1)(b)(iii) Records available in accordance with other legislation

Records are kept under such other legislation as applicable to the TIM Africa (Pty) Ltd, which includes, but is not limited to:

Although TIM Africa (Pty) Ltd has supplied you with a list of applicable legislation to the best of our ability, the above list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a requester to do so, we shall update the list accordingly on a basis other than that set out in the Act.

3.3 Records held by TIM Africa (Pty) Ltd: Sec 51 (1)(b)(iv) Records Subjects and categories

4. Processing of personal information in terms of the POPI Act

4.1 Processing of personal information of data subjects: Sec 51 (1)(c)(i)

TIM Africa (Pty) Ltd processes personal information of data subjects for the following purposes:

4.2 Categories of personal information processed: Sec 51 (1)(c)(ii)

TIM Africa (Pty) Ltd may process the personal information of the following categories of data subjects. This includes current, past, and prospective data subjects:

4.3 Nature of personal information processed: Sec 51 (1)(c)(ii)

The nature of personal information processed in respect of the data subjects listed above may include:

4.4 Recipients to which information may be supplied: Sec 51 (1)(c)(iii)

TIM Africa (Pty) Ltd may supply personal information to the following recipients:

4.5 Planned or prospective transborder flow of personal information: Sec 51 (1)(c)(iv)

Personal information of data subjects may be transferred across borders due to the hosting of some of TIM Africa (Pty) Ltd infrastructure in foreign jurisdictions. Data subjects’ personal information may also be transferred transborder to other countries where TIM Africa (Pty) Ltd has a physical presence or may be providing services or performing in terms of its contractual obligations.

4.6 Security measures to ensure confidentiality, integrity, and availability of personal information: Sec 51 (1)(c)(v)

TIM Africa (Pty) Ltd continuously establishes and maintains appropriate, reasonable technical and organizational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements outlined in law, in industry practice and generally accepted information security practices and procedures which apply.

4.7 Specific policies relating to the protection of personal information

The following policies can be obtained from TIM Africa (Pty) Ltd, about the protection of personal information as contemplated in the Protection of Personal Information Act no.4 of 2013.:

4.8 The form to be used to request access to the personal information of a data subject is:

Form 1 under Annexure B of this manual.

4.9 The details of the Information Regulator

5. Access procedures and requests

This section aims to provide requesters with sufficient guidelines and procedures to facilitate a request for access to a record held by TIM Africa (Pty) Ltd.

It is important to note that an application for access to information can be refused if it does not comply with the Act's procedural requirements. In addition, completing and submitting an access request form does not automatically allow the requester access to the requested record.

An application for access to a record is subject to certain limitations if the requested record falls within a certain category specified in Part 3 Chapter 4 of the Act. If it is reasonably suspected that the requester has obtained access to TIM Africa (Pty) Ltd.’s records by submitting materially false or misleading information, legal proceedings may be instituted against such requester.

5.1 Guidance on prescribed Request for Access Form: Sec 51 (1)(b)(iv)

For TIM Africa (Pty) Ltd to facilitate access to a record, a requester must complete the prescribed Request to Access a Record Form attached as Annexure A. The prescribed form must be completed in full. Failure to do so will delay the process until all information is provided. TIM Africa (Pty) Ltd will not be held liable for delays due to the receipt of incomplete forms.

Due cognizance should be taken of the following instructions when completing the form because the Information Officer shall not process any request for access to a record until satisfied that all requirements have been met.

Proof of identity is required to authenticate the requesters identify. If the requester acts as an agent requester, the requester shall provide proof of the person on whose behalf the request is made, the authority or mandate given to the requester by such person and proof of the requester's identity as provided above.

5.2 Submission of prescribed Request for Access to a Record Form

The completed Request for Access to a Record Form must be submitted by conventional mail, e-mail, or fax and addressed to the Information Officer.

5.3 Payment of prescribed Fees

Payment details can be obtained from the Information Officer and payment can be made via a direct deposit (no credit card payments are accepted). Proof of payment must be supplied.

5.4 Notification

TIM Africa (Pty) Ltd will, within thirty (30) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The thirty (30) day period within which "Company name" Pty Ltd has to decide whether to grant or refuse the request may be extended for a further period of not more than thirty (30) days if the request is for a large volume of information, or the request requires a search for information held at another office of TIM Africa (Pty) Ltd and the information cannot be reasonably obtained within the original thirty (30) day period. TIM Africa (Pty) Ltd will notify the requester in writing should an extension be sought.

5.5 Records that cannot be found or do not exist

If TIM Africa (Pty) Ltd has searched for a record and it is believed that it either does not exist or cannot be found, the requester will be notified by an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

6. Grounds for refusal of access to records and appeal

6.1 Grounds for refusal: Chapter 4

The thirty (30) day period within which the Information Officer is required to reply to a request, as stipulated in the Act, shall commence only once a requester has complied with all the requirements of the Act in requesting access to a record to the satisfaction of the Information Officer.

Requests may be refused on the following grounds, as set out in the Act:

6.2 Appeal

If a requester is aggrieved by the refusal of the Information Officer to grant a request for a record, the requester may, within thirty (30) days of notification of the Information Officer’s decision, apply to the court for appropriate relief.

7. Prescribed fees: Sec 92

A fee structure can be provided upon request from a user to the information officer.

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