Table of Contents
- Introduction and Application
- Scope of the Manual
- Definitions
- How to Use PAIA to Access Information
- Overview of the Structure and Functions of SADV
- SADV’s Contact Details
- SADV’s Processing of Personal Information (POPIA)
- Information Held by SADV in terms of PAIA
- Information Kept by SADV in accordance with other Legislation
- Access Requests
- Timelines for Consideration of a Request
- Grounds for Refusal of Access to Records
- Remedies Available to a Requester on Refusal of Access
- Other Information Held by SADV as Prescribed
- Availability of the Manual
- Prescribed Forms and Fee Structure
1. Introduction and Application
On 9 March 2001, the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) became operative, giving effect to the constitutional right of access to any information in records held by public or private bodies that is required for the exercise or protection of any rights. PAIA sets out the procedures for such requests and the grounds on which access may be refused in whole or in part.
One of the key requirements of PAIA is the compilation of an information manual which describes the types and categories of records held by a private body. This document is SADV’s information manual (the “Manual”), providing reference to records held by SADV and the process to request access to such records.
The Manual is intended to help potential requesters understand:
- how to make a request for access to SADV’s records;
- the categories of records that SADV holds and the legislation under which they are kept;
- contact details of the Information Officer who will assist with requests;
- how to obtain the Information Regulator’s PAIA Guide;
- how SADV processes Personal Information in terms of POPIA, including categories of Data Subjects, types of information processed, recipients, cross‑border transfers and security measures.
The Manual may be amended from time to time; the latest version will be published and made available in accordance with PAIA. Enquiries about this Manual can be directed to the Information Officer.
2. Scope of the Manual
This Manual applies to SADV and is limited to records held by the company in connection with its operations.
3. Definitions
- Customer — a natural or juristic person who receives services and/or products from SADV.
- Data Subject — the person (natural or juristic, where applicable) to whom Personal Information relates and includes Employees and any Third Parties.
- Employee — any person who works for, or provides services to, or on behalf of SADV and receives or is entitled to remuneration, including Third Parties processing SADV Personal Information under SADV’s direct authority.
- Information Officer — SADV’s designated information officer in terms of PAIA, responsible for ensuring SADV’s compliance with POPIA, PAIA and this Manual.
- Information Regulator — as defined in POPIA.
- Manual — this manual, together with any annexures, as amended and made available at www.sadv.co.za and at SADV’s offices.
- PAIA — the Promotion of Access to Information Act No. 2 of 2000, together with any regulations.
- Personal Information — as set out in section 1 of POPIA, including “special personal information” as defined in section 26 of POPIA.
- POPIA — the Protection of Personal Information Act No. 4 of 2013, together with any regulations.
- Processing — any operation concerning Personal Information, whether by automatic means, including collection, receipt, recording, organisation, storage, updating/modification, retrieval, use, dissemination, or deletion. “Process” has a corresponding meaning.
- Record — any recorded information, regardless of form or medium, in SADV’s possession or under its control, whether or not it was created by SADV and regardless of when it came into existence.
- Requester — any person or entity (including any Data Subject) requesting access to a record under SADV’s control, including a third party requesting on a Data Subject’s behalf.
- SADV — SADV Proprietary Limited (2019/588585/07), registered address: 31 Georgian Crescent East, Bryanston, Gauteng, South Africa, and/or any of its brands or trade names (whether registered as trademarks or not) and all its subsidiaries from time to time. “Us”, “we” and “our” have the corresponding meaning.
- Third Party — any third‑party service provider, agent, supplier, independent contractor, consultant or other representative of SADV.
4. How to Use PAIA to Access Information
PAIA grants a Requester access to records of a private body if the record is required for the exercise or protection of any rights. Requests must follow prescribed procedures and fees (see section 10).
The Information Regulator’s Guide on how to use PAIA is available at https://inforegulator.org.za/ or upon request to SADV’s Information Officer using the prescribed forms.
Information Regulator of South Africa
Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Email: enquiries@inforegulator.org.za / PAIAComplaints@inforegulator.org.za
Tel: 010 023 5200
5. Overview of the Structure and Functions of SADV
SADV (2019/588585/07) is an Internet Service Provider (ISP) specialising in broadband internet services, including provision of fibre‑to‑the‑home (FTTH) connectivity, customer support and related digital services to residential and business customers.
6. SADV’s Contact Details
Name of Body: SADV (Pty) Ltd
Physical & Postal Address: 31 Georgian Crescent East, Bryanston, 2191, Johannesburg, Gauteng
Email: POPI@sadv.co.za
Telephone: 012 443 1000
Website: www.sadv.co.za
Head of Body: Venita Engelbrecht — Venita.Engelbrecht@sadv.co.za
Information Officer: Heydon Hall — Information-officer@sadv.co.za
7. SADV’s Processing of Personal Information in terms of POPIA
7.1 Purpose of Processing
SADV processes Personal Information only for, or compatible with, the business purposes for which it was collected or as authorised by the Data Subject or law. Personal Information is retained only as long as necessary for legitimate business purposes or as permitted/required by law.
Examples include customer provisioning and support, billing, marketing of fibre connectivity and related services, supplier and contractor management, employment‑related processing, audits, legal compliance and other purposes authorised by law.
7.2 Categories of Data Subjects
- Customers
- Service providers, partners, distributors and resellers
- Employees/personnel and beneficiaries (including children)
- Directors
- Website visitors and application users
- New job applicants
7.3 Types of Personal Information
| Data Subjects | Personal Information (examples) |
|---|---|
| Employees | Name, ID/passport, contact details, addresses, DOB/age, disability info, employment and education history, background checks, banking and tax numbers, remuneration/benefits (medical aid, pension), disciplinary/performance records, access logs, CCTV, H&S, attendance, biometrics, photograph. |
| Suppliers/Service Providers/Third Parties/Affiliates | Entity name, registration and tax numbers, directors/representatives’ contact details, KYC documents, BBBEE certificates, invoices and payment proofs, bank and payment details, financial history, contracts. |
| Directors | Name, ID, photograph, personal address, tax numbers, financial information for statutory reporting. |
| New Job Applicants | Name, address, contact details, email, phone, qualifications, skills, experience, employment history, background checks (credit/criminal where required), remuneration and benefits, disability for reasonable adjustments, right to work in South Africa. |
| Website Visitors | Name, email, contact details, IP address, geographic location. |
| Visitors | Physical/electronic access records, scans, CCTV records. |
| Customers | Name/surname (if individuals), email, photographs, DOB/age range, ID/passport (if individuals), contact details, FICA documents, company and registration number, directors/authorised representatives, addresses, tax reference number. |
7.4 Recipients of Personal Information
Personal Information may be disclosed as required by law (e.g., court orders, statutory authorities) or to protect rights and safety. SADV may disclose to contractors and authorised service providers subject to appropriate agreements and POPIA‑aligned safeguards, and in connection with corporate transactions. Other categories may include brokers and advisors, retirement funds, medical aids, insurers, recruiters, regulators and law enforcement, and the South African Revenue Service.
7.5 Planned Trans‑border Flows
Personal Information may be transferred to jurisdictions outside South Africa (including cloud/data centres). SADV will obtain necessary consent or rely on lawful bases for cross‑border transfers as permitted by POPIA.
7.6 Information Security Measures
SADV implements reasonable technical, administrative and physical measures to protect Personal Information, including restricted physical access, employee training, unique user IDs and passwords, two‑step authorisation for systems, regular backups and testing, malware protection, vulnerability scanning, network monitoring with IDS/IPS, and periodic systems reviews.
8. Information Held by SADV in terms of PAIA
The following categories and descriptions of records are held. Inclusion does not guarantee disclosure; access is subject to PAIA’s grounds of refusal.
8.1 Company Records
- Company name and registration documents, Memorandum of Incorporation
- Minutes of meetings
- Licences and certifications
- Professional qualifications and registrations
8.2 Accounting Records
- Details of accounting officer/auditors
- Books of account and financial statements
- Source documents
- Customs, excise and logistics
- Banking records
- Management reports
- Company tax returns
8.3 Customer Records
- FICA onboarding (KYC) documents
- Correspondence with customers
8.4 Human Resources Records
- Staff records (appointments, appraisals, remuneration, leave, disciplinary)
- Employment contracts and equity plans
- Medical aid and pension fund records
- Organisational structure; policies and procedures
- Recruitment; health and safety; training and development; skills plans
8.5 Operations Records
- Specifications, procedures, plans
- Stock records; asset register
- CSI/charity/BEE initiatives
8.6 Marketing Records
- Websites and marketing materials
- Campaign history; brochures; pamphlets; posters
8.7 Third‑Party Records
Records pertaining to service providers, subsidiaries/holding companies, contractors and suppliers, or records held by Third Parties on SADV’s behalf, governed by appropriate agreements and service levels.
9. Information Kept by SADV in accordance with other Legislation
Records are kept in accordance with applicable legislation, including (non‑exhaustive):
- Basic Conditions of Employment Act 75 of 1997
- Broad‑Based Black Economic Empowerment Act 53 of 2003
- Companies Act 71 of 2008
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Constitution of the Republic of South Africa, 1996
- Consumer Protection Act 68 of 2008
- Electronic Communications Act 36 of 2005
- Electronic Communications and Transactions Act 25 of 2002
- Employment Equity Act 55 of 1998
- ICASA Act 13 of 2000
- Income Tax Act 58 of 1962
- Insolvency Act 24 of 1936
- Labour Relations Act 66 of 1995
- National Credit Act 34 of 2005
- Occupational Health and Safety Act 85 of 1993
- PAIA (2 of 2000)
- Pension Funds Act 24 of 1956
- POPIA (4 of 2013)
- RICA 70 of 2002
- Tax Administration Act 28 of 2011
- Tax on Retirement Funds Act 38 of 1996
- Trade Marks Act 194 of 1993
- Unemployment Insurance Acts 4 of 2002 & 63 of 2001
- Value Added Tax Act 89 of 1991
Some records of a public nature may be available for inspection without a PAIA request.
10. Access Requests
Records will only be made available subject to PAIA. Completing and submitting the prescribed access request form does not automatically grant access. Requests may be refused where applicable under PAIA.
10.1 Form of Request
Use the prescribed form (available from the Information Regulator’s website) and submit it to the Information Officer at SADV’s address or email. Provide sufficient detail to identify the record and the requester, indicate the form of access required, and provide a postal or email address. Identify the right to be exercised or protected and explain why the record is required for that purpose. If acting on behalf of another, provide proof of capacity. If the request is granted, access and reproduction/search fees may apply.
10.2 Fees
Request fee: The Information Officer may require payment of the prescribed request fee (currently R140) before processing. The requester may apply to court against the fee.
Access & reproduction fees: If access is granted, fees for search, preparation, and reproduction may be payable, including deposits for extensive searches.
| # | Reproduction | Fee (ZAR) |
|---|---|---|
| 1 | Photocopy of an A4 page (hard copy or scanned via email) | R 2.00 per page |
| 2 | Printed A4 page from electronic/machine‑readable form | R 2.00 per page |
| 3 | Copy on flash drive (provided by requester) | R 40.00 |
| Copy on compact disc (provided by requester) | R 40.00 | |
| Copy on compact disc (provided to requester) | R 60.00 | |
| 4 | Transcription of visual images (A4) | Outsourced — per quotation |
| 5 | Copy of visual images | Outsourced — per quotation |
| 6 | Transcription of an audio record (A4) | R 24.00 |
| 7 | Copy of an audio record on flash drive (provided by requester) | R 40.00 |
| Copy of an audio record on compact disc (provided by requester) | R 40.00 | |
| Copy of an audio record on compact disc (provided to requester) | R 60.00 | |
| 8 | Search and preparation (per hour or part thereof, excluding first hour) | R 145.00 (max R 435.00) |
| 9 | Deposit (if search exceeds 6 hours) | One‑third of total (items 1–7) |
| 10 | Postage, email or electronic transfer | Actual expense, if any |
11. Timelines for Consideration of a Request
The Information Officer will decide within 30 days whether to grant or refuse a request and notify the requester with reasons, where required. The period may be extended once for up to 30 days in specified circumstances (e.g., large volumes, off‑site searches, consultations). If an extension is necessary, the requester will be notified with reasons. Failure to communicate a decision within the period is deemed a refusal.
12. Grounds for Refusal of Access to Records
Requests must be refused where disclosure would, for example, unreasonably reveal third‑party Personal Information, expose trade secrets or confidential information causing harm, breach a duty of confidence, endanger life or safety, reveal privileged records, or disadvantage research participants. Requests may be refused in further circumstances including security risks, commercial prejudice to SADV, disclosure of computer programs, or harm to research interests.
13. Remedies Available to a Requester on Refusal of Access
If dissatisfied with the outcome, a requester may lodge a complaint with the Information Regulator. After exhausting the Regulator’s process, an application may be made to a Court of competent jurisdiction for relief in terms of section 82 of PAIA, within 180 days of the Regulator’s decision.
14. Other Information Held by SADV as Prescribed
To date, no regulations have been made prescribing disclosure of other information in terms of section 51(1)(a)(ii) of PAIA.
15. Availability of the Manual
This Manual is available for inspection by the public upon request during office hours at SADV’s offices, free of charge. Copies may be provided subject to prescribed fees. The Manual is also posted on SADV’s website at www.sadv.co.za.
16. Prescribed Forms and Fee Structure
The prescribed forms and fee structure for private bodies are available from the Information Regulator’s website:
