Telkom POPIA and PAIA Manual - (Private Body)

1. 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.
2. The Act also requires a 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. Telkom SA SOC Limited (“Telkom”) is a private body under of the definition of “private body” in section 1 of the Act. This document serves as Telkom’s manual with regard to information or records in relation to which Telkom is a private body.

1. Telkom is a listed company incorporated in terms of the company laws of the Republic of South Africa under registration number 1991/006576/30. The shares of Telkom are held as to 39.8% by the government of South Africa (through the Minister of Communications).
2. Telkom has the following subsidiaries:
   1. Swiftnet SOC Ltd (100%);
   2. Trudon (Pty) Ltd (100%);
   3. VS Gaming (Pty) Ltd (100%);
   4. Rossal No 65 (Pty) Ltd (100%);
   5. Intekom (Pty) Ltd (100%);
   6. Business Connexion Group Limited (100%); 
   7. Gyro Properties (Pty) Ltd (100%); and
   8. Gyro Group (Pty) Ltd (100%).
3. Telkom has the following divisions:
   1. Openserve;
   2. Telkom Consumer;
   3. SMB (Small Medium Business);
4. The main business of Telkom is:
   1. to provide electronic communications services to the public and electronic communications network services in terms of the licences (the Electronic Communications Network Licence and the Electronic Communications Services Licence) issued to it in terms of the Electronic Communications Act, 36 of 2005;
   2. information technology services to the public; and
   3. services provided through the Data Center Operation.

1. Contact Details
   1. The Information Officer of Telkom is:
      • Name: Mr Sipho Maseko
      • Postal Address: Private Bag X260 PRETORIA, 0001
      • Physical Address: Telkom Park 61 Oak Avenue Highveld Technopark, CENTURION, 0157
      • E-mail: paia@telkom.co.za
   2. The Information Officer has duly authorized the persons below as Deputy Information Officersto ensure that the requirements of the Act are administered in a fair, objective and unbiased manner:
      • Deputy Information Officers:
        • Mr. Serame Taukobong (Telkom Consumer)
        • Mr. Althon Beukes (Openserve)
        • Mr. Dirk Reyneke (Finance)
        • Ms. Melody Lekota (Human Resources)
      • Postal Address: Private Bag X808 PRETORIA, 0001
      • Physical Address: Telkom Park 61 Oak Avenue Highveld Technopark, CENTURION, 0157
      • Phone Number: +27 12 311 1104
      • Fax Number: +27 86 490 0566
      • E-mail: paia@telkom.co.za
      • Website: www.telkom.co.za
2. The Section 10 Guide
   1. 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 is available from the South African Human Rights Commission at the following address:
      • Private Bag X2700 HOUGHTON, 2041
      • Tel: +27 11 484 8300
      • Fax: +27 11 484 0582
      • E-mail: PAIA@sahrc.org.za
      • Website: www.sahrc.org.za
3. Records Automatically Available
   1. Records that are automatically available to the pubic are all records of Telkom lodged in terms of government requirements such as the Registrar of Deeds, all records in the booklets and pamphlets published by Telkom and all records available on Telkom’s website.
4. Records available in accordance with any other legislation
   1. Telkom has records available in accordance with the following legislation:
      1. The Occupational Health and Safety Act 29 of 1996;
      2. The Value Added Tax Act 89 of 1991;
      3. Income Tax Act 58 of 1962;
      4. Companies Act 71 of 2008;
      5. Electronic Communications Act, 36 of 2005;
      6. Electronic Communications and Transactions Act 25 of 2002;
      7. Consumer Protection Act 68 of 2008;
      8. Competition Act 89 of 1998;
      9. Basic Conditions of Employment Act 75 of 1997;
      10. Compensation for Occupational Injuries and Diseases Act 130 of 1993;
      11. Employment Equity Act 55 of 1998;
      12. Labour Relations Act 66 of 1995;
      13. National Environmental Management Act 107 of 1998;
      14. Skills Development Levies Act 55 of 1998;
      15. Trade Marks Act 194 of 1993;
      16. Unemployment Insurance Act 30 of 1966;
      17. Customs & Excise Act 91 of 1964;
      18. Skills Development Act 97 of 1998;
      19. South African Qualifications Authority Act 58 of 1995;
      20. Statistics Act 6 of 1999; and
      21. JSE Stock Exchange South Africa Rules and Regulations and listings Requirements.
5. A description of the subjects of the records held by Telkom and the categories in which these subjects are classed
   1. Telkom holds the following records and information which is categorized in the following categories:
      1. Company secretarial Records
         1. Memorandum of Incorporation;
         2. Combined Company Register;
         3. Minutes of meetings of the Board, its Committees and the Executive Committee;
         4. Board Charter and Board Committee Charters;
         5. Statutory Returns;
         6. Powers of Attorney;
         7. Delegation of Authority; and
         8. Share Certificates.
      2. Movable and Immovable Property
         1. Title Deeds;
         2. Lease Agreements;
         3. Hire Agreements;
         4. Hire-purchase Agreements;
         5. Credit Sale Agreements; and
         6. Ordinary and Conditional Sale Agreements.
      3. Intellectual Property
         1. Trade Marks;
         2. Patents;
         3. Copyrights;
         4. Designs;
         5. Know-how; and
         6. Licences.
      4. Insurance
         1. Policies; and
         2. Insurance claim files.
      5. Taxation
         1. Income tax returns;
         2. VAT returns;
         3. PAYE returns;
         4. RSC Levy returns; and
         5. UIF returns.
      6. Human Resources
         1. Policies and procedures;
         2. Employee information;
         3. Employment agreements;
         4. Forms and applications;
         5. Standard letters and notices;
         6. Payroll reports;
         7. Payslips;
         8. IRP5’s;
         9. Accident books and records;
         10. Workplace and Union agreements and records;
         11. Employee benefits arrangements rules and records;
         12. Safety, Health and Environmental records;
         13. Labour dispute records;
         14. Disciplinary Code;
         15. Grievance Procedure; and
         16. Employee training.
      7. Finance
         1. Audited annual financial statements;
         2. Management accounts;
         3. Banking details and bank accounts;
         4. Debtors/Creditors statements and invoices;
         5. General ledgers and subsidiary ledgers;
         6. General ledger reconciliation; and
         7. Policies and Procedures.
      8. Procurement
         1. Policies and Procedures/Manuals;
         2. Reports and supporting documentation;
         3. Tender documentation;
         4. Standard Terms and Conditions for supply of services, products and software to Telkom;
         5. Contractor, client and supplier agreements and information; and
         6. Security documents.
      9. Operations
         1. Billing;
         2. Customers;
         3. Telecommunications traffic;
         4. Network;
         5. Tariffs;
         6. Products;
         7. Interconnect;
         8. Inter-operator settlements;
         9. Policies and Procedures; and
         10. Any agreements related to the operations of Telkom.
      10. Legal
          1. Contracts;
          2. Commercial disputes; and
          3. Litigation.
      11. Regulatory
          1. Permits, licences, consents, approvals, authorisations, applications, registrations and exemptions; 
          2. Submissions to ICASA;
          3. Submissions to parliament; and
          4. Disputes.
      12. Information Technology
          1. System documentation and manuals;
          2. Project, disaster recovery and implementation plans;
          3. Internet policy documentation; and
          4. Computer policy documentation.
      13. Administration
          1. Intranet; and
          2. Correspondence with internal and external parties.

(a)The Requester must use the prescribed Form C attached to this manual, to make the request for access to a record.

(b) The request must be made to the Deputy Information Officer whose contact details are set out in paragraph 4.1(b) above. The completed Form C together with payment of a request fee (if applicable) and a deposit (if applicable) must be sent to the address, fax number or electronic mail address of such Deputy Information Officer set out in paragraph 4.1(b) above.

(c) The Requester must provide sufficient particulars on the request form to enable the Deputy Information Officer to identify the record requested and the Requester. Where the request is made by a personal requester, being a Requester seeking access to records containing their own personal information, the Requester is required to provide an acceptable form of identification such as a certified copy of his / her identity document or any other form of identification acceptable to Telkom.

(d) The Requester should also indicate which form of access is required. The Requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

(e) 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.

(f) If a Request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request, to the satisfaction of the contact persons of Telkom.

(g) The Deputy Information Officer shall notify the requester notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.

1. Prescribed Fees in respect of Private Bodies
   1. The prescribed fees for requests to private bodies are available on the website of the Information Regulator at www.justice.gov.za/inforeg/ and the website of the Department of Justice and Constitutional Development at www.justice.gov.za.
   2. The banking details to be used are as follows:
      • Pay Telkom SA Limited
      • Bank ABSA Bank
      • Name Telkom SA Internet Account
      • Current account 40-5348-4386
      • Branch Pretoria
      • Branch Code * 632005
      • SWIFT code ABSAZAJJ
      • Reference PAIA
2. Decision to grant or decline request for access to records
   1. Telkom shall, within 30 days of receipt of a request for access to records, decide whether to grant or decline a request and give notice with reasons (if required) to that effect. The 30-day period within which Telkom must decide whether to grant or refuse a request, may be extended by a further period of no more than 30 days, if the information cannot reasonably be obtained within the original 30-day period. The Deputy Information Officer will notify the Requester in writing should an extension be necessary.
3. Grounds for Refusal of Access to Records
   1. Telkom may refuse a request for information or record if that information or record relates to:
      1. 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;
      2. mandatory protection of the commercial information of a third party, if the record contains:
         1. trade secrets of that third party;
         2. financial, commercial, scientific or technical information which the disclosure could likely cause harm to the financial or commercial interests of that third party;
         3. information disclosed in confidence by a third party to Telkom, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
      3. mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
      4. mandatory protection of the safety of individuals and the protection of property;
      5. mandatory protection of records which would be regarded as privileged in legal proceedings;
      6. the commercial activities of Telkom, which may include:
         1. trade secrets of that third party;
         2. financial, commercial, scientific or technical information which the disclosure could likely cause harm to the financial or commercial interests of that third party;
         3. information disclosed in confidence by a third party to Telkom, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
         4. a computer program which is owned by Telkom and which is protected by copyright;
      7. the research information of Telkom or third party, if its disclosure would disclose the identity of Telkom, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
   2. Telkom shall refuse a request for information where such requests are frivolous or vexatious or involve an unreasonable diversion of Telkom resources.
   3. Any other right to refuse as allowed under PAIA.
4. Remedies available to the Requester on refusal of a request for access to records
   1. Telkom does not have internal appeal procedures. Thus, the decision made by the Deputy Information Officer is final.
   2. In the event that Telkom refuses to grant the Requester access to requested records, the Requester may lodge an application with a court, within 180 days of the decision, for Telkom to be ordered to give the Requester access to the requested records.
   3. In the event that the court orders Telkom to grant the Requester access to the requested records, the Requester must pay the 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.

1. Purpose for Processing Personal Information
   1. The purposes for which we process personal information includes, but is not limited to:
      1. respond to your enquiry;
      2. provide services or products to you;
      3. provide access to restricted pages on our website;
      4. comply with legal requirements or industry codes;
      5. market or promote our services and products;
      6. safety and security reasons; and
      7. compile non-personal statistical information about browsing habits, click-patterns and access to the Telkom website.
2. Categories of Data Subjects
   1. Telkom may receive, collect and hold personal information and records of the following categories of data subjects:
      1. Employees/personnel, board members of Telkom;
      2. Customers of Telkom;
      3. Service providers to Telkom; and
      4. Persons that may have had business.
3. Categories of recipients of personal information provided to Telkom
   1. Parties who we disclose personal information to include, but are not limited to:
      1. Affiliates and representatives of Telkom;
      2. Service providers to Telkom;
      3. Accredited debt collection agencies; and
      4. regulators, courts, tribunals and law enforcement agencies.
4. Cross-border flow of information
   1. Telkom need to transfer personal information to a country outside the Republic of South Africa for processing or storage and to that extent, Telkom will enter into appropriate confidentiality agreements with the relevant affiliate and / or subcontractor, to ensure that such transfer will be subject to an adequate level of protection as described in POPIA.
   2. Telkom may transfer your information to other countries which do not have similar protection as provided for in POPIA, with the consent of Data Subject.
5. Objection to Processing of Personal Information
   1. A Data Subject may, at any time object to the Processing of his/her/its Personal Information in the prescribed Form 1 attached to this manual, subject to exceptions contained in POPIA.
6. Request for correction or deletion of Personal Information
   1. A Data Subject may request for their Personal Information to be corrected/deleted in the prescribed Form 2 attached to this manual, subject to the provisions of POPIA. 
7. Availability of the Manual
   1. This manual has been made available to the Information Regulator, in accordance with the Regulations promulgated in terms of the Act and is published on the Telkom website.

FORM C

REQUEST OF 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

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

Full names and surname: _______________________________________________________________
____________________________________________________________________________________
Identity number: ___________________________________________________________________

D. Particulars of record

1. Description of record or relevant part of the record: _______________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. Reference number, if available: ________________________________________________________
3. Any further particulars of record: ______________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. Fees

Reason for exemption from payment of fees: ________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

F. Form of access to record

G. Particulars of right to be exercised or protected

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

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

Signed at ___________________________ this ______ day of ________________________ 20______

_________________________________
SIGNATURE OF REQUESTER / PERSON

FORM 1

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11 (3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 2]

Note:

1. Affidavits or other documentary evidence as applicable in support of the objection may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.

Signed at ___________________________ this ______ day of ________________________ 20______

_____________________________________

Signature of data subject/designated person

FORM 2

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24 (1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 3]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.

Mark the appropriate box with an "x". Request for:

Signed at ____________________________ this ______ day of __________________________ 20______

__________________________________________

Signature of data subject/designated person