MANUAL PRODUCED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000

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Preamble

The information in this manual pertains to Mobile Telephone Networks Service Provider (Pty) Ltd ("MTN Service Provider"), Registration Number 1993/002648/07.

MTN Service Provider exclusively provides and promotes MTN products and services. It acts as an interface between MTN (Pty) Ltd, the mobile cellular services licensee and subscribers.

In terms of Section 51 of the Promotion of Access to Information Act No.2 of 2000 ("the Act"), Private bodies such as MTN Service Provider are required to compile and publish a manual with the information as set out herein.

The head of a Private Body is entitled in terms of Section 51(2) of the Act, on a regular basis to update the manual. Based on the provisions of this section, MTN Service Provider, will as and when it deems it necessary, update and/or amend this manual.

The head of MTN Service Provider has delegated his functions under this Act to the Legal and Regulatory Department of MTN (Pty) Ltd, which Department has appointed an Information Officer.

Requirements in terms of Section 51(1)(a) 1.

1. Postal and street address for Information Officer

Private Bag 9955
CRESTA
2118

216-14th Avenue
Fairland
Roodepoort
2195.

 

2. Telephone and fax numbers for Information Officer

Tel.: (27) (11) 912 3452
Fax: (27) (11) 912 3444

3. Electronic Mail A

PAIA@mtn.co.za

4. Requirements in terms of Section 51(1)(b)

The Guide will be available from the South African Human Rights Commission by not later than August 2003. Please direct any queries to:

The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

5. Requirements in terms of Section 51(1)(c)

At the time of publication of this manual, the Minister had not published any description of records available without a person having to request access in terms of this Act as provided for in terms of Section 52(2).

6. Requirements in terms of Section 51(1)(d)

MTN Service Provider keeps records in terms of the following legislation:

Employment Equity Act 55 OF 1998

As a designated employer, MTN Service Provider has lodged a copy of its employment equity report at the Department of Labour.

Pension Funds Act 24 OF 1956

The rules of the pension fund utilised by MTN Service Provider, as well as the last revenue account and balance sheet of such fund, are available for inspection at the offices of the Registrar of Pension Funds.

Companies Act 61 OF 1973

• All documents of incorporation of MTN Service Provider are lodged at the offices of the Registrar of Companies, and may be inspected there. These documents include the memorandum and articles of association of MTN Service Provider, as well as the relevant company forms.
• The register of members and registers of transfers (of members), pledges and bonds of MTN Service Provider are available for inspection at the registered office of MTN Service Provider.
• Special resolutions are lodged with the Registrar of Companies, and are therefore available for inspection there.
• A register of the directors' and officials' interests in contracts entered into by MTN Service Provider is kept at the registered office of MTN Service Provider, and is available for inspection.

The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002

• Section 30 (1) (b) obliges MTN Service Provider to store communication related information.
• Section 40 obliges MTN Service Provider to keep proper records of information to be obtained and kept in respect of cellular phones and SIM-Cards
  

7. Requirements in terms of Section 51(1)(e) for a description of the subjects on which the Private Body holds records and the categories of records held on each subject

This section of the Manual sets out the subject and categories of records held by MTN Service Provider. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

Department	Description of categories of records held
Company Secretary	Compliance with Corporate Governance (King Commission) Memorandum and Articles of Association Company Register Shareholders Agreement Share Incentive Schemes / Trusts Share Certificates Debt securities Register of debenture holders Board Meetings: Attendance register Resolutions Presentations by various divisions Minute books Delegation of Authorities Financial Reports Directors' records Profiles of subsidiary companies General correspondence
Finance	Credit / Debit Notes Journals, Ledgers & Balance Sheets Income Statements Banking records Trial Balance Statements Cash Flow Statements Tax invoices / returns Salary information Auditors Report Internal Policies & Procedures General correspondence
Administration	Suppliers Debtors and Creditors Insurance Policies Lease Agreements Office Building Structures Tender Contracts Employees travel records Internal Policies and procedures General correspondence
Human Resources	Employee's personal details Job Profiles Division and Cost Centres Remuneration Medical Aid Employee Benefits Employment equity records Disciplinary records Job competency profile Employee performance contract Training records / Skills development plans Internal Policies and Procedures General correspondence
Commercial Legal	Contracts / Agreements Litigation Records Insurance Policies Intellectual property Movable and immovable property record Administration of Legislation Internal Policies and Procedures General correspondence
Corporate Affairs	Internal Publications Media Liaison Internal Policies and Procedures General correspondence
Sales and Marketing	Customer Invoices Itemised Bills Internal policies and procedures General correspondence
Billing	Customer Invoices Itemised Bills Internal policies and procedures General correspondence
Customer Service Centre	Customer database Customer records Financial records of customer Customer complaints/queries Customer liaison Compliment records Internal Policies and procedures General correspondence

8. Details to facilitate a request for access to a record of a Private Body as required in terms of Section 51(1)(e)

8.1 Form of request

• The requester must use the prescribed form to make the request for access to a record. This form may be obtained at MTN (Pty) Ltd's website www.mtn.co.za. This request must be made to the address, fax number or electronic mail address as provided in this manual.
• 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. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
• The requester must identify the right that is sought to be exercised or to be protected 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 another 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.

8.2 Fees

• A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee.
• The Information Officer must 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.
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.