1. Definitions

1.1       “CEO” - Chief Executive Officer; 

1.2       “Clickatell” - Clickatell Proprietary Limited; 

1.3       “DIO” - Deputy Information Officer;

1.4       “IO“ - Information Officer;

1.5       “Minister” - Minister of Justice and Correctional Services;

1.6       “PAIA” - Promotion of Access to Information Act No. 2 of 2000 (as amended);

1.7       “POPIA” - Protection of Personal Information Act No.4 of 2013 

1.8       “Regulator” - Information Regulator; and

1.9       “Republic” - Republic of South Africa.

2. Purpose of PAIA Manual

This PAIA Manual is useful for the public to-

2.1       check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

2.2       have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

2.3       know the description of the records of the body which are available in accordance with any other legislation;

2.4       access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access; 

2.5       know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

2.6       know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto; 

2.7       know the description of the categories of data subjects and of the information or categories of information relating thereto; 

2.8       know the recipients or categories of recipients to whom the personal information may be supplied;

2.9       know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

3. Key Contact Details for Access to Information of Clickatell

The Guide will be available from the South African Human Rights Commission by not later than August 2003. 

4. Guide On How To Use Paia And How To Obtain Access To The Guide

4.1.     The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

4.2.     The Guide is available in each of the official languages and in braille.

4.3.     The aforesaid Guide contains the description of-

         4.3.1.      the objects of PAIA and POPIA;

          4.3.2.    the postal and street address, phone and fax number and, if available, electronic mail address of-
                   4.3.2.1.    the Information Officer of every public body, and
              4.3.2.2.   every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];

          4.3.3.   the manner and form of a request for-
                   4.3.3.1.     access to a record of a public body contemplated in section 11[3]; and
                   4.3.3.2.    access to a record of a private body contemplated in section 50[4];

          4.3.4.        the assistance available from the IO of a public body in terms of PAIA and POPIA;

          4.3.5.        the assistance available from the Regulator in terms of PAIA and POPIA;

          4.3.6.        all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
                   4.3.6.1.          an internal appeal; 
                   4.3.6.2.         a complaint to the Regulator; and 
                   4.3.6.3.         an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

           4.3.7.        the provisions of sections 14[5] and 51[6] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

           4.3.8.        the provisions of sections 15[7] and 52[8] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

           4.3.9.        the notices issued in terms of sections 22[9] and 54[10] regarding fees to be paid in relation to requests for access; and

           4.3.10.     the regulations made in terms of section 92[11].

4.4.     Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.  

4.5.     The Guide can also be obtained-

          4.5.1.         upon request to the Information Officer; or

          4.5.2.        from the website of the Regulator (https://www.justice.gov.za/inforeg/).

4.6      A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

          4.6.1      English; and

          4.6.2      Afrikaans.

[1] Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.  

[2] Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

[3] Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[4] Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

a)      that record is required for the exercise or protection of any rights;

b)      that person complies with the procedural requirements in PAIA relating to a request for access to that record; and

c)      access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[5] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

[6] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

[7] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access 

[8] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access 

[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request. 

[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

(a) any matter which is required or permitted by this Act to be prescribed;

(b) any matter relating to the fees contemplated in sections 22 and 54;

(c) any notice required by this Act;

(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

5. Categories Of Records Of Clickatell Which Are Available Without A Person Having To Request Access

The following records of Clickatell are available without a person having to request access in terms of PAIA:

 5.1    Publicly available information about Clickatell:

           5.1.1    on Clickatell’s website, including its company profile, the services that it provides; press – and media releases, resources, as well as Clickatell’s Master Legal Terms and various policies and notices;

           5.1.2    marketing material; and

           5.1.3    Clickatell’s B-BBEE certificate.

6. Records Of Clickatell Which Are Available In Accordance With Any Other Legislation

 Other legislation in terms of which Clickatell maintains records include, but are not limited to, the:

 6.1    Basic Conditions of Employment 75 of 1997  

6.2    Broad Based Black Economic Empowerment Act 53 of 2003 

6.3    Companies Act 71 of 2008 

6.4    Compensation for Occupational Injuries and Health Diseases Act 130 of 1993  

6.5    Consumer Protection Act 68 of 2008 

6.6    Copyright Act 98 of 1978  

6.7    Employment Equity Act 55 of 1998  

6.8    Electronic Communications Act 36 of 2005

6.9    Electronic Communications and Transactions Act 25 of 2002 

6.10  Financial Intelligence Centre Act 38 of 2001

6.11  Income Tax Act 58 of 1962 

6.12  Insolvency Act 24 of 1936  

6.13  Intellectual Property Laws Amendment Act 38 of 1997

6.14  Intellectual Property Laws Amendment Act 28 of 2013

6.15  Labour Relations Act 66 of 1995  

6.16  Occupational Health and Safety Act 85 of 1993

6.17  Prevention and Combating of Corrupt Activities Act 12 of 2004

6.18  Prevention of Organised Crime Act 121 of 1998

6.19  Promotion of Access to Information Act 2 of 2000

6.20  Protection of Personal Information Act 4 of 2013                             

6.21  Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

6.22  Skills Development Act 97 of 1998

6.23  Skills Development Levies Act 9 of 1999

6.24  Tax Administration Act 28 of 2011

6.25  Trade Marks Act 194 of 1993

6.26  Unemployment Insurance Act 63 of 2001

6.27  Unemployment Insurance Contributions Act 4 of 2002  

6.28  Value Added Tax Act 89 of 1991

7.  Description Of The Subjects On Which Clickatell Holds Records And Categories Of Records Held On Each Subject

8. Processing Of Personal Information

Clickatell processes personal information in accordance with its Privacy Notice, which is available on its website at www.clickatell.com. The Privacy Notice includes:  

8.1    the purpose of the processing of personal information;

8.2    a description of the categories of data subjects and the information or categories of information relating thereto;

8.3    the potential recipients or categories of recipients to whom personal information may be supplied;

8.4    the potential transborder flows of personal information; and

8.5    information regarding the security measures implemented to ensure the   confidentiality, integrity, and availability of information to be processed.

9. Availability Of The Manual

 9.1       A copy of the Manual is available- 

            9.1.1         on www.clickatell.com;

            9.1.2         at the head office of Clickatell for public inspection during normal business hours;

            9.1.3         to any person upon request and upon the payment of a reasonable prescribed fee; and 

            9.1.4         to the Information Regulator upon request.

9.2       A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made. 

10.  Updating Of The Manual

 This Manual will be amended and/or updated from time to time.

Approved by Group Chief Executive Officer