Legal Information

TRUDON (Pty) Ltd (formerly known as TDS Directory Operations)

MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

("THE ACT")

INDEX

Description

1. Introduction

2. Particulars in terms of section 51

2.1 Contact details - [Section 51(1)(a)]

2.2 The Section 10 Guide - [Section 51(1)(b)]

2.3 Records Automatically Available - [Section 51(1)(c)]

2.4 Records Automatically Available in accordance with any other legislation - [Section 51(1)(d)

2.5 The processes and procedures for requesting information or records - [Section 51(1)(e)]

2.6 Grounds for refusal of Access to records - [Part II, Chapter 4]

2.7 A description of the subjects of the Records Held by Telkom and the categories in which those subjects are classed - [Section 51(1)(e)

2.8 Other Information as may be prescribed - [Section 51(1)(f)]

2.9 Availability of the Manual - [Section 51(3)]

2.10 Prescribed fees in respect of Private Bodies

2.11 Prescribed Form


1 INTRODUCTION

The Act seeks, inter alia, to give effect to the constitutional right of access to any information held by the state or by any other person where such information is required for the exercise or protection of any right.

The Act also requires public and private bodies to compile manuals that provide information on both the types and categories of records held by such public and private bodies. TRUDON (Pty) Ltd (formerly known as TDS Directory Operations) ("TRUDON") is a private body under paragraph (c) of the definition of "public body" in section 1 of the Act.

Company Overview

1.3 TRUDON (formerly known as TDS Directory Operations) is a private company incorporated in terms of the company laws of the Republic of South Africa under registration number 1992/002329/07. The shares of TRUDON (formerly known as TDS Directory Operations) are held as to 64.9% by the Telkom SA Limited and 35.1% by Truvo Services South Africa (Pty) Ltd

1.4 TRUDON (formerly known as TDS Directory Operations) with subsidiaries:

(a) Purple Cow Communications (Pty) Ltd;

(b) TDS Directory Operations Namibia (Pty) Ltd;

1.5 The main business of TRUDON (formerly known as TDS Directory Operations) is to provide:

(a) Telephone directories to telephone users in South Africa including white and yellow pages directories;

(b) internet directory services;

(c) talking yellow pages (10118).

(d) mobile directory services.

2 PARTICULARS IN TERMS OF SECTION 51

2.1 Contact Details - [Section 51(1)(a)]

2.1.1 The Chief Information Officer of TRUDON (formerly known as TDS Directory Operations) is:

Name:Mr Thabo Seopa

Postal Address: P O Box 10474

JOHANNESBURG

2000

Physical Address: Eastgate Office Park

Block F

24 South Boulevard

Bruma, Johannesburg, 2198

2.1.2 The Chief Information Officer has duly authorised the person below as Deputy Information Officer to ensure that the requirements of the Act are administered in a fair, objective and unbiased manner: -

Deputy Information Officer: Johan Myburgh

Postal Address: P O Box 10474

Johannesburg

2000

Physical Address: Eastgate Office Park

Block F

24 South Boulevard

Bruma, Johannesburg, 2194

Phone Number: +27 11 677 6180

Fax Number: +27 11 677 6264

E-mail: myburghj@trudon.co.za

2.2 The Section 10 Guide [Section 51(1)(b)]

The South African Human Rights Commission will, in terms of section 10 of the Act, compile a guide on the use of the Act. This guide will be available from the South African Human Rights Commission not later than August 2003 at the following address:

Private Bag X2700

Houghton

2041

Tel: (011) 484-8300

Fax: (011) 484-0582

E-mail: PAIA@sahrc.org.za

Website: www.sahrc.org.za

2.3 Records Automatically Available- [Section 51(1)(c)]

Records that are automatically available to the public are all records of TRUDON (formerly known as TDS Directory Operations) lodged in terms of government requirements with various statutory bodies, including the Registrar of Companies, and the Registrar of Deeds, all records in the booklets and pamphlets published by TRUDON (formerly known as TDS Directory Operations) and all records available on TRUDON's website.

2.4 Records available in accordance with any other legislation -[Section 51(1)(d)]

TRUDON (formerly known as TDS Directory Operations) has records available in accordance with the following legislation:

2.4.1 The Occupational Health and Safety Act 29 of 1996;

2.4.2 The Value Added Tax Act 89 of 1991;

2.4.3 Income Tax Act 58 of 1962;

2.4.4 Companies Act 61 of 1973;

2.4.5 Basic Conditions of Employment Act 75 of 1997;

2.4.6 Compensation for Occupational Injuries and Diseases Act 130 of 1993;

2.4.7 Employment Equity Act 55 of 1998;

2.4.8 Labour Relations Act 66 of 1995;

2.4.9 National Environmental Management Act 107 of 1998;

2.4.10 Skills Development Levies Act 55 of 1998;

2.4.11 Trade Marks Act 194 of 1993;

2.4.12 Unemployment Insurance Act 30 of 1966;

2.4.13 Customs & Excise Act 91 of 1964;

2.4.14 Skills Development Act 97 of 1998;

2.4.15 South African Qualifications Authority Act 58 of 1995;

2.4.17 Statistics Act;

2.5 The processes and procedures for requesting information or records - [Section 51(1)(e)]

2.5.1 The requester must use the prescribed form to make the request for access to a record. The request must be made to the Deputy Information Officer whose contact details are set out in paragraph 2.1.2 above. The request must be made to the address, fax number or electronic mail address of such contact persons set out in paragraph 2.1.2 above.

2.5.2 The requester must provide sufficient detail on the request form to enable the Deputy Information Officer to identify the record and the requester. The requestor should also indicate which form of access is required. The requestor should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

2.5.3 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.

2.5.4 If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requestor is making the request, to the satisfaction of the contact persons of TRUDON (formerly known as TDS Directory Operations).

2.5.5 The Deputy Information Officer of TRUDON (formerly known as TDS Directory Operations) shall notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.

2.5.6 In the event that TRUDON (formerly known as TDS Directory Operations) refuses to give the requester access to requested records, the requester may lodge an application with a court of law for TRUDON (formerly known as TDS Directory Operations) to be ordered to give the requester access to the requested records.

2.5.1 If the court orders TRUDON (formerly known as TDS Directory Operations) to grant the requester access to the requested records, the requester must pay a further access fee for the reproduction, the search, preparation and time taken to provide the records, in excess of the prescribed hours to search and prepare the record for disclosure.

2.6 Grounds For Refusal of Access to Records - [Part II Chapter 4]

2.6.1 TRUDON (formerly known as TDS Directory Operations) may refuse a request for information or record if that information or record relates to:

(a) mandatory protection of the privacy of a third party who is a natural person, which involves the unreasonable disclosure of personal information of that natural person;

(b) mandatory protection of the commercial information of a third party, if the record contains -

(i) trade secrets of that third party;

(ii) financial, commercial, scientific or technical information which the disclosure could likely cause harm to the financial or commercial interests of that third party;

(iii) information disclosed in confidence by a third party to TRUDON (formerly known as TDS Directory Operations), if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.

(c) mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

(d) mandatory protection of the safety of individuals and the protection of property;

(e) mandatory protection of records which would be regarded as privileged in legal proceedings;

(f) the commercial activities of TRUDON (formerly known as TDS Directory Operations), which may include -

(i) trade secrets of TRUDON (formerly known as TDS Directory Operations);

(ii) financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of TRUDON (formerly known as TDS Directory Operations);

(iii) information which, if disclosed could put TRUDON (formerly known as TDS Directory Operations) at a disadvantage in negotiations or commercial competition;

(iv) a computer program which is owned by TRUDON (formerly known as TDS Directory Operations) and which is protected by copyright.

(g) The research information of TRUDON (formerly known as TDS Directory Operations) or third party, if its disclosure would disclose the identity of TRUDON (formerly known as TDS Directory Operations), the researcher or the subject matter of the research and would place the research at a serious disadvantage.

2.6.2 TRUDON (formerly known as TDS Directory Operations) shall refuse requests for information where such requests are frivolous or vexatious or involve an unreasonable diversion of TRUDON (formerly known as TDS Directory Operations) resources.

2.7 A Description of the Subjects of the Records Held by TRUDON (formerly known as TDS Directory Operations) and the Categories in which these Subjects are Classed - [Section 51(1)(e)]

TRUDON (formerly known as TDS Directory Operations) holds the following records and information which is categorised in the following categories-

2.7.1 Company Secretarial Records

(a) Memorandum and Articles of Association;

(b) Combined Company Register;

(c) Minutes of Meetings;

(d) Statutory Returns;

(e) Powers of attorneys;

(f) Delegation of authority;

(g) Share Certificates; and

(h) Shareholders Agreement

2.4.17 Movable and Immovable Property

(a) Title deeds;

(b) Lease Agreements;

(c) Hire Agreements;

(d) Hire-purchase Agreements;

(e) Credit Sale Agreements;

(f) Ordinary and Conditional Sale Agreements.

2.7.3 Intellectual Property

(a) Trade Marks;

(b) Patents;

(c) Copyright;

(d) Designs;

(e) Know-how;

(f) Licences.

2.7.4 Insurance

(a) Policies;

(b) Insurance claim files.

2.7.5 Taxation

(a) Income tax returns;

(b) VAT returns;

(c) PAYE returns;

(d) RSC Levy returns;

(e) UIF returns.

2.7.6 Human Resources

(a) Policies and procedures;

(b) Employee information;

(c) Employment agreements;

(d) Forms and applications;

(e) Standard letters and notices;

(f) Payroll reports;

(g) Payslips;

(h) IRP5's;

(i) Accident books and records;

(j) Workplace and Union agreements and records,

(k) Employee benefits arrangements rules and records;

(l) Safety, Health and Environmental records;

(m) Labour disputes;

(n) Disciplinary Code;

(o) Grievance Procedure; and

(p) Employee training.

2.7.7 Finance

(a) Audited annual financial statements;

(b) Management accounts;

(c) Banking details and bank accounts;

(d) Debtors/Creditors statements and invoices;

(e) General ledgers and subsidiary ledgers;

(f) General ledger reconciliation;

(g) Policies and Procedures; and

(h) Delegation of Authority.

2.7.8 Procurement

(a) Policies and Procedures;

(b) Reports and Supporting documentation;

(c) Tender documentation;

(d) Standard Terms and Conditions for supply of Services, Products and Software;

(e) Contractor, client and supplier agreements and information;

(f) Security documents;

2.7.9 Operations

(a) Billing;

(b) Customers;

(c) Databases;

(d) Book production;

(e) Tariffs;

(f) Products;

(g) Printing operations;

(h) Distribution operations;

(i) Policies and Procedures;

(j) Any agreements related to the operations of TRUDON (formerly known as TDS Directory Operations);

(k) Operational Agreement; and

(l) Sales and Marketing

2.7.10 Legal

(a) Contracts;

(b) Commercial disputes; and

(c) Litigation.

2.7.11 Information technology

(a) System documentation and manuals;

(b) Project, disaster recovery and implementation plans;

(c) Internet policy documentation;

(d) Computer policy documentation.

2.7.12 Administration

(a) Intranet;

(b) Correspondence with internal and external parties.

2.8 Other Information as may be prescribed - [Section 51(1)(f)]

No information has been prescribed.

2.9 Availability of the Manual - [Section 51(3)]

This manual has been made available to the Human Rights Commission, in accordance with paragraph 9(1) of the Regulations promulgated in terms of the Act and is published on the website of TRUDON (formerly known as TDS Directory Operations) ( www.trudon.co.za ).

2.10 Prescribed Fees in respect of Private Bodies

The following fees have been prescribed in the Regulations promulgated in terms of the Act and must be paid by a requester before TRUDON (formerly known as TDS Directory Operations) contact persons can make any records requested available to the requester.

The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

The fees for reproduction referred to in regulation 11(1) are as follows:-

(a) For every photocopy of an A4-size page or part thereof

R1.10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form

R0.75

(c) For copy in a computer-readable on: -

(i) stiffy disc

(ii) compact disc

R7.50

R70.00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof.

(ii) For a copy of visual images.

R40.00

R60.00

(e) (i) For a transcription of an audio record, for an A4-size page or part thereof.

(ii) For a copy of an audio record

R20.00

R30.00

The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50.00.

The access fees payable by a requester referred to in regulation 11(3) are as follows: -

1(a) For every photocopy of an A4-size page or part thereof

R1.10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form

R0.75

(c) For copy in a computer-readable on: -

(iii) stiffy disc

(iv) compact disc

R7.50

R70.00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof.

(ii) For a copy of visual images.

R40.00

R60.00

(e) (i) For a transcription of an audio record, for an A4-size page or part thereof

(ii) For a copy of an audio record

R20.00

R30.00

(f) To search for and prepare the record for disclosure, for each hour or part of an hour reasonably required for such search and preparation

R30.00

For purposes of section 54(2) of the Act, the following applies: -

(i) six hours as the hours to be exceed before a deposit is payable; and

(ii) one third of the access fee is payable as a deposit by the requester.

The actual postage is payable when a copy of a record must be posted to a requester.

2.11 Prescribed Form

The following Form C has been prescribed in Regulation 10 passed in terms of the Act and should be completed by a requester who wants access to the records of a private body.

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000)

(Act. No. 2 of 2000)

[Regulation 10]

A. Particulars of private body

The Head:

____________________________________________________________________________________

____________________________________________________________________________________

______________________________________________________

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be given below.

(b) The address and/or fax number in the Republic to which the information is to be sent must be given.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:

____________________________________________________________________________________

Identity number:

____________________________________________________________________________________

Postal Address:

____________________________________________________________________________________

Fax Number:

____________________________________________________________________________________

Telephone number:

____________________________________________________________________________________

E-mail Address:

____________________________________________________________________________________

Capacity in which the request is made, when made on behalf of another person:

____________________________________________________________________________________

C. Particulars of person on whose behalf request is made

This section must be completed ONLY ifs requests for information is made on behalf of another person.

Full names and surname:

____________________________________________________________________________________

Identity number:/p>

____________________________________________________________________________________

D. Particulars of record

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

(b) In the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1. Description of record or relevant part of the record:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

2. Reference number, if available:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3. Any further particulars of record:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

E. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

(b) You will be notified of the amount required to be paid as the request fee.

(c) 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.

(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate I which form the record is required.

Disability: ______________________

_______________________________

Form in which record is required: ______

_________________________________

Mark the appropriate box with an X.

NOTES:

(a) Compliance with your request in the specified form may depend on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such case you will be informed if access will be granted in another form.

(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:

Copy of record*

Inspection of record

2. If the record consists of visual images (this includes photographs, slide, video recordings, computer ? generated images, sketches etc.):

view the images

copy of the images*

transcription of the images*

3. If the record consists of recorded words or information which can be reproduced in sound:

Listen to the soundtrack (audio cassette)

Transcription of soundtrack* (written or printed document)

4. If the record is held on computer or in an electronic or machine readable form:

printed copy of record*

printed copy of information derived from the record*

copy in computer readable form* (stiffy or compact disc)

If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

G. Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios

1. Indicate which right is to be exercised or protected:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

H. Notice of decision regarding request for access:

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

____________________________________________________________________________________

____________________________________________________________________________________



Signed at ________________ this ______________ day of ______________

___________________________________

SIGNATURE OF REQUESTER / PERSON

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