MTN Network Solutions - Promotion of Access to Information Act


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MTN NETWORK SOLUTIONS (PTY) LTD
MANUAL PRODUCED IN TERMS OF
SECTION 51 OF THE PROMOTION
OF ACCESS TO INFORMATION ACT

TABLE OF CONTENTS
Preamble
Postal and Street Addresses for Information Officer
Telephone and Fax Numbers for Information Officer
Electronic Mail Address for Information Officer
Requirements in terms of Section 51(1)(b)
Requirements in terms of Section 51(1)(c)
Requirements in terms of Section 51(1)(d)
Requirements in terms of Section 51(1)(e) for a description of the subjects on which the Private Body holds records and the categories of records held on each subject
Details to facilitate a request for access to a record of a Private Body as required in terms of Section 51(1)(e)

PREAMBLE
The information in this manual pertains to MTN Network Solutions (Pty) Limited, Registration Number 1996/15935/07.

MTN Network Solutions (Pty) Ltd provides Internet Services and Access to corporate customers.

In terms of Section 51(2) of the Promotion of Access to Information Act No.2 of 2000 ("the Act"), the head of a private body may, on a regular basis, update this manual. Based on the provisions of this section, MTN Network Solutions (Pty) Ltd will as and when it deems it necessary update and/or amend this manual.

The heads of MTN Network Solutions (Pty) Ltd have delegated their functions under this Act to the Legal Department of MTN Network Solutions (Pty) Ltd.

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.

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REQUIREMENTS IN TERMS OF SECTION 51(1)(a)
POSTAL AND STREET ADDRESS FOR INFORMATION OFFICER
c/o MTN (PTY) Ltd
Private Bag 9955
Cresta
2118

c/o MTN (PTY) Ltd - Innovation Centre
216 - 14th Avenue
Fairland, Roodepoort, 2195

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TELEPHONE AND FAX NUMBERS FOR INFORMATION OFFICER
Tel.: (27) (11) 912 3216
Fax: (27) (11) 912 3168

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ELECTRONIC MAIL ADDRESS FOR INFORMATION OFFICER
PAIA@mtn.co.za

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REQUIREMENTS IN TERMS OF SECTION 51(1)(b)
The Guide will be available from the South African Human Rights Commission by no later than August, 2003. Please direct any queries to:

The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700
Houghton
2041

Telephone: +27 11 484 8300
Fax: +27 11 484 0582
Website: www.sahrc.org.za
Email: PAIA@sahrc.org.za

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REQUIREMENTS IN TERMS OF SECTION 51(1)(c)
At the time of publication of this manual, the Minister had not published any description of records available without a person having to request access in terms of this Act as provided for in terms of Section 52(2).

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REQUIREMENTS IN TERMS OF SECTION 51(1)(d)
MTN Network Solutions keep records in terms of the following legislation :

Occupational Health And Safety Act 85 of 1993

• Section 7 relates to Health and Safety policy concerning the protection of the health and safety of employees at work and guidelines concerning the contents of the policy.

Compensation for Occupational Injuries and Diseases Act 133 of 1993

• Section 81 provides for the record or register of earnings and other prescribed particulars of all the employees.

Labour Relations Act 66 of 1995

• Section 13 provides for the records of employees salaries deduction towards Trade Union subscription or levies.

• Section 16 provides for a duty to disclose to Trade Union representatives all relevant information to perform its functions.

• Section 18 provides for collective agreements.

• Section 90 provides for the disclosure of any document and information for the purpose of a Workplace Forum.

• Section 205 provides for the employer to keep records that may be required in order to comply with any applicable collective agreement, arbitration or determination made in terms of the Wage Act.

Basic Conditions of Employment Act 75 of 1997

• Section 31 provides for the employer to keep records on employee's personal information.

Employment Equity Act 55 of 1998

• Section 26 provides for an employer to establish and for the prescribed period maintain records in respect of it workforce, its employment equity plan and any other record relevant to its compliance with the Act.

Companies Act 61 of 1973

• Section 67 obliges a company to send to a member who requests (and makes the necessary payments) a copy of the company's Memorandum and Articles of Association.

• Section 113 provides for the register of members of a company to be opened for public inspection by a member or his/her agent free of charge and by any other person upon payment for inspection. Copies must be furnished where a request has been made for copies and payment tendered therefor.

• Section 286 obliges the directors of a company to lay the annual financial statements before the annual general meeting of the company.

Criminal Procedure Act 51 of 1977

• Section 205 provides for a judge of a high court, a regional court magistrate or a magistrate may require the attendance before him or any other judge, a regional court magistrate or magistrate, for examination by the attorney-general or the public prosecutor authorised thereto in writing by the attorney-general, of any person who is likely to give material or relevant information as to any alleged offence, whether or not it is known by whom the offence was committed: Provided that if such person furnishes that information to the satisfaction of the attorney-general or public prosecutor concerned prior to the date on which he is required to appear before a judge, a regional court magistrate or magistrate, he shall be under no further obligation to appear before a judge, regional court magistrate or magistrate.

The Regulation of Interception of Communications and Provision of Communication Related Information Act

• Section 30 (1) (b) obliges MTN Network Solutions to store communication related information.

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REQUIREMENTS IN TERMS OF SECTION 51(1)(e) FOR A DESCRIPTION OF THE SUBJECTS ON WHICH THE PRIVATE BODY HOLDS RECORDS AND THE CATEGORIES OF RECORDS HELD ON EACH SUBJECT
The following is a list of records held by MTN Network Solutions (Pty) Ltd. Access to these documents may be protected by privacy or the grounds of refusal detailed in the Act. All requests for access will be evaluated on a case for case basis in accordance with the provisions of the Act and other legislation.

DEPARTMENT	DESCRIPTION OF CATEGORIES OF RECORDS HELD
Company Secretary	Compliance with Corporate Governance (King Commission Memorandum and Articles of Association Company Register Shareholders Agreement Share Certificates Board Meetings : Attendance register Resolutions Minute books Delegation of Authorities General correspondence
Finance	Invoices Credit/Debit Notes Journals, Ledgers & Balance Sheets Income Statements Trial Balance statements Cash Flow statements Tax invoices Salary information Auditors Report Internal Policies & Procedures General correspondence
Administration	Suppliers Debtors and Creditors Insurance Policies Lease Agreements Employees travel records Internal Policies and procedures General correspondence
Human Resources	Employee's personal details Job Profiles Division and Cost Centres Remuneration Medical Aid Employee Benefits Disciplinary records Job competency profile Employee performance contract Training records Internal Policies and Procedures General correspondence
Network Division	Network systems Network performance records Operational risk review reports Incidence records and statistics Training course material Internal Policies and Procedures General correspondence
Commercial Legal	Contracts / Agreements Litigation Records Administration of Legislation Service Providers Internal Policies and Procedures General correspondence
Regulatory Legal	Service Agreements Regulatory submissions General correspondence
Marketing	Development of new products Advertising Development of company website Internal Policies and Procedures General correspondence
Support Centre	Customer complaints/queries Customer liaison Compliment records Internal Policies and Procedures General correspondence

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DETAILS TO FACILITATE A REQUEST FOR ACCESS TO A RECORD OF A PRIVATE BODY AS REQUIRED IN TERMS OF SECTION 51(1)(e)

A requester must complete form C in order to comply with the procedure as set out in Regulation Number 7278 of 15 February 2002 pertaining to request to access to records of a Private Body. This form may be obtained at the Department of Justice and Constitutional Development website: www.doj.gov.za.
A request for access to a record will be processed only after a request fee has been paid. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. The fee tabular is set out on the websites of the South African Human Rights Commission: www.sahrc.org.za or the Department of Justice and Constitutional Development: www.doj.gov.za.

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