IRIS NETWORK SYSTEMS (PTY) Ltd
PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.
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.
1. IRIS NETWORK SYTEMS OVERVIEW
IRIS NETWORK SYSTEMS provides network management and network consulting services into the Internet Service Provider and Enterprise Markets.
IRIS NETWORK SYSTEMS supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
2 AVAILABILITY OF THIS MANUAL
A copy of this Manual is available by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.
3 HOW TO REQUEST ACCESS TO RECORDS HELD BY IRIS NETWORK SYTEMS
Requests for access to records held by IRIS NETWORK SYTEMS must be made on the request forms that are available from from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).
A request fee may be payable (the schedule of fees can be accessed in Section 9 below. You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
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.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of IRIS NETWORK SYSTEMS .
The standard form that must be used for the making of requests can be accessed here or by requesting it from our Information Officer. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
Kindly note that all requests to IRIS NETWORK SYSTEMS will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by IRIS NETWORK SYSTEMS does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
4 CONTACT DETAILS
Name of Private Body: IRIS NETWORK SYSTEMS
Designated Information Officer: Stuart Birch
Email address of Information Officer: [email protected]
Postal address: Postnet Suite 31 Private Bag X3 Roggebaai 8012
Street address: 30 Waterkant Street Ooba Building 3rd Floor Cape Town 8001
Phone number: 021 418 4840
Fax number: 021 413 0326
5 HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT
The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:
The South African Human Rights Commission:
The Research and Documentation Department
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
E-mail: [email protected]
6 VOLUNTARY DISCLOSURE
IRIS NETWORK SYSTEMS has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to IRIS NETWORK SYSTEMS and its services is freely available on IRIS NETWORK SYSTEMS ’s website. Certain other information relating to IRIS NETWORK SYSTEMS is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
7 RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
Information is available in terms of the following legislation to the persons or entities specified in such legislation:
- Companies Act 61 of 1973
- Income Tax Act 58 of 1962
- Value Added Tax Act 89 of 1991
- Labour Relations Act 66 of 1995
- Basic Conditions of Employment Act 75 of 1997
- Employment Equity Act 55 of 1998
- Skills Development Levies Act 9 of 1999
- Unemployment Insurance Act 30 of 1966
8 RECORDS HELD BY IRIS NETWORK SYSTEMS
IRIS NETWORK SYSTEMS maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
8.1) Internal records
The following are records pertaining to IRIS NETWORK SYTEMS ’s own affairs and those of its divisions, subsidiary and associated companies:
- Memorandum and Articles of Association
- Financial records
- Operational records
- Intellectual property
- Marketing records;
- Internal correspondence;
- Product records;
- Statutory records;
- Internal policies and procedures;
- Records held by officials of IRIS NETWORK SYTEMS .
8.2) Personnel records
Personnel refers to any person who works for or provides services to or on behalf of IRIS NETWORK SYSTEMS and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of IRIS NETWORK SYSTEMS . This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
- Any personal records provided to IRIS NETWORK SYSTEMS by their personnel;
- Any records a third party has provided to IRIS NETWORK SYSTEMS about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi-legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
8.3) Customer records
Please be aware that IRIS NETWORK SYSTEMS is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
Any records a customer has provided to IRIS NETWORK SYSTEMS or a third party acting for or on behalf of IRIS NETWORK SYSTEMS ;
- Contractual information;
- Personal records of customers;
- Any records a third party has provided to IRIS NETWORK SYSTEMS about customers;
- Confidential, privileged, contractual and quasi-legal records of customers;
- Any records a third party has provided to IRIS NETWORK SYSTEMS either directly or indirectly; and
- Records generated by or within IRIS NETWORK SYSTEMS pertaining to customers, including transnational records.
8.4) Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to IRIS NETWORK SYSTEMS . The following records fall under this category:
- Personnel, customer or IRIS NETWORK SYSTEMS records which are held by another party as opposed to being held by IRIS NETWORK SYSTEMS ; and
- Records held by IRIS NETWORK SYSTEMS pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
8.5) Other Records
Further records are held including:-
- Information relating to IRIS NETWORK SYSTEMS ’s own commercial activities; and
- Research carried out on behalf of a client by IRIS NETWORK SYSTEMS or commissioned from a third party for a customer;
- Research information belonging to IRIS NETWORK SYSTEMS , whether carried out itself or commissioned from a third party.
9 FEES IN RESPECT OF REQUESTS FOR INFORMATION
Fees in Respect of Private Bodies
1.) 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.
2.) The fees for reproduction referred to in regulation 11(1) are as follows
a.) For every photocopy of an A4-sized page or part thereof: R1,10
b.) For every printed copy of an A4-sized page or part thereof held on a computer or in electronic or machine-readable form: R0,75
c.) For a copy in a computer-readable form on compact disc R70,00
d.i.) For a transcription of an audio record, for an A4-size page or part thereof R20,00
ii.) For a copy of an audio record R30,00
3.) The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
4.) The access fees payable by a requester referred to in regulation 11(3) 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 a copy in a computer-readable form on compact disc R70,00
i.) For a transcription of visual images, for an A4-sized page or part thereof R40,00
ii.) For a copy of visual images R60,00
i.) For a transcription of an audio record, for an A4-size page or part thereof R20,00
ii.) For a copy of an audio record R30,00
f.) To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.
5.) For purposes of section 54(2) of the Act, the following applies:
a.) Six hours as the hours to be exceeded before a deposit is payable; and
b.) one third of the access fee is payable as a deposit by the requester.
6.) The actual postage is payable when a copy of a record must be posted to a requester.