PAIA Manual

PAIA MANUAL 

1. INTRODUCTION 

The Promotion of Access to Information Act 2 of 2000 (the “Act” or “PAIA”) came into operation on 23 November 2001. Section 51 of the Act requires that we as a private body compile a manual, giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting their constitutional right to access to information. 

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. 

2. PURPOSE 

The purpose of this manual is to provide guidelines to the public who wish to exercise their constitutional right to access to information. Below you will find information on how to lodge your request; a description of the types of information that will be made available, our grounds for refusal to provide information (where applicable), what procedure will be followed in considering your request, the applicable fee structure and information on the appeals procedure should you not be satisfied with the outcome of your request. 

3. COMPANY DETAILS 

RocketNet, a division of Directel Communications (Pty) Ltd, is a prominent Internet Service Provider (ISP) based in South Africa, dedicated to delivering high-quality fibre internet services to its customers. Established as part of Directel, which has been providing enterprise solutions since 2001, RocketNet focuses on enhancing the consumer experience with a range of internet services. 

Rocketnet has prepared this manual as a commitment not just to adhere to the Act’s requirements but also to promote a spirit of openness and accountability within its operations. This initiative aims to guarantee that the public can readily access information held by Rocketnet, which will support them in exercising and safeguarding their rights. Additionally, this manual, along with its annexures, can be accessed on Rocketnet’s official website at www.rocketnet.co.za.  

The legislation permits an individual to obtain records from a private entity if such records are necessary for the assertion or defense of legal rights. When a request is made by a governmental body, it must be done with the public’s interest in mind. 

Requests under the Act are required to follow specified procedures and are subject to the established fees. The relevant forms and fee structure are outlined in this document. 

4. PAIA GUIDE 

In order to assist those who are not familiar with PAIA or POPIA, a guide that contains information to assist you in understanding how to exercise your rights under PAIA (the “Guide”) is available in all the South African official languages. 

The Guide can be obtained upon request to the Information Officer (https://www.justice.gov.za/inforeg/) in any of the official languages.  

5. INFORMATION HELD BY ROCKETNET 

Rocketnet keeps a variety of records across different categories and subjects. It’s important to understand that listing a category or subject in this Manual does not guarantee that a request for access to such records will automatically be granted. Instead, each request for access will be individually assessed in line with the Act’s requirements. 

INTERNAL RECORDS 

• Statutory records 

• Financial records 

• Operational records 

• Intellectual property 

• Marketing records 

• Product records 

• Internal policies and procedures 

• Licences 

• Internal correspondence 

• Records held by officials of Rocketnet 

PERSONNEL RECORDS 

• Any personal records provided to Rocketnet 

• Any records a third party has provided to Rocketnet 

• Conditions of employment and other personnel- related contractual and quasi‑legal records 

• Internal evaluation records 

• Other internal records and correspondence 

CUSTOMER RECORDS 

• Any records a customer has provided to Rocketnet or a third party acting for or on behalf of Rocketnet 

• Customer needs assessments 

• Personal records of customers 

• Credit information and other research conducted in respect of customers 

• Any records a third party has provided to Rocketnet about customers 

• Confidential, privileged, contractual and quasi legal records of customers 

• Records generated by or within Rocketnet pertaining to customers, including transactional records 

If you wish to request access to any of the above categories of information, you are required to complete a request form (Form C – REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY).  

This form is available from: 

• our Information Officer (whose contact details are provided in this manual); 

• our Website; 

• the SAHRC website (www.sahrc.org.za); or 

• the Department of Justice and Constitutional Development website ( www.doj.gov.za). 

The form must then be sent to Rocketnet’s Information Officer at [email protected]. There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in Annexure A. 

You may also be called upon to pay the additional fees prescribed by regulations for searching for and compiling the information which you have requested, including copying charges. 

It is important to note that access is not automatic but given on a need-to-know basis – you must identify the right you are seeking to exercise or protection of that right. The aim of the Act is to try and balance the right of access to information with all the other rights in the constitution such as protecting privacy and confidential commercial information. 

Considerations before submitting a request: 

• Are you submitting the request to exercise or protect any of your legitimate rights? 

• Is the information you require in record form and under the control of Rocketnet? 

• Do you have a legitimate right to access the records? 

Take note that the accessibility of the documents listed above may be subject to the grounds of refusal as set out in the Act, including but not limited to: 

• protecting the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person; 

• protecting the commercial information of a third party, if the record contains: 

• trade secrets of that third party; 
• financial, commercial, or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; or 
• information disclosed in confidence by a third party to Rocketnet if the disclosure could put that third party at a disadvantage in negotiations or commercial competition; 

• protecting confidential information of third parties if it is protected in terms of any agreement or legislation; 

• protecting the safety of individuals and the protection of their property; 

• protecting records which would be regarded as privileged in legal proceedings; 

• protecting the commercial activities of Rocketnet, which may include: 

• trade secrets of Rocketnet; 

• financial, commercial, or technical information which disclosure could likely cause harm to the financial or commercial interests of Rocketnet; or 

• information which, if disclosed, could put Rocketnet at a disadvantage in negotiations or commercial competition; 

• a computer program which is owned by Rocketnet and which is protected by copyright. The research information of Rocketnet or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage; and 

• requests for information that is clearly frivolous or vexatious or which involves an unreasonable diversion of resources shall be refused. 

You will be notified in the manner indicated by you on the request form whether your request has been approved. 

If you disagree with Rocketnet’s decision on the access fee, the form of access provided, or any extensions of time requested, you have the right to file an appeal within 180 days of receiving Rocketnet’s decision.  

6. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION 

Where applicable to our operations, information is also available in terms of certain provisions of the following statutes: 

• Basic Conditions of Employment Act 75 of 1997 

• Companies Act 7 of 2008 

• Compensation for Occupational Injuries and Diseases Act of 1993 

• Competition Act 89 of 1998 

• Employment Equity Act 55 of 1998 

• Income Tax Act 58 of 1962 

• Labour Relations Act of 1995 

• Skills Development Act 97 of 1998 

• Promotion of Access to Information Act 2 of 2000 

• Occupational Health and Safety Act 85 of 1993 

• Protection of Personal Information Act 4 of 2013 

• Electronic Communications and Transactions Act 25 of 2002 

• Unemployment Insurance Act No. 63 of 2001 

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

• Electronic Communications Act 36 of 2005 

• Independent Communications Authority of South AfricaAct 13 of 2000 

• Skills Development Levies Act 9 of 1999 

• Unemployment Insurance Act 63 of 2001 

• Unemployment Insurance Contributions Act4 of2002 

• Value-added Tax Act No. 89 of 1991 

7. INFORMATION AUTOMATICALLY AVAILABLE 

Information relating to Rocketnet’s services is freely available on our website. Certain other information relating to Rocketnet is also made available on the website from time to time. 

8. PERSONAL INFORMATION 

For more information on the personal information Rocketnet processes in terms of the Protection of Personal Information Act 4 of 2013, as amended, please refer to Rocketnet’s Privacy Policy updated from time to time on our website www.rocketnet.co.za.  

PAIA MANUAL APPROVAL 

I, Simon Peter Swanepoel, the Chief Executive Officer of Directel Communications (Pty) Ltd do hereby confirm that this is the approved Access to information manual in compliance with Section 51 of the Promotion of Access to Information Act 2 of 2000. 

SIMON PETER SWANEPOEL 

ANNEXURE A