Introduction
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. What Is CUASA?
The Communications Users Association of South Africa (CUASA) is the body representing South African telecommunications users and is not for gain. CUASA was formed in 2000 and engages on an ongoing basis with government and operators to ensure that the interests of users are taken into account. CUASA responds on behalf of the user community to calls by the Ministry and ICASA, the Independent Communications Authority of South Africa, for input on subjects such as competition and market structure, convergence, Internet, empowerment, human resource development, universal service and access, and new technologies.
CUASA
operates
as a “virtual” organisation and as such does not have a
physical office. All communication with CUASA may be conducted by
mail, fax or electronic mail instead.
2. Availability Of This Manual
A
copy of this Manual is available on our website or by sending a
request for a copy to the Information Officer by email. The Manual
may also be obtained from our head office, at the addresses set out
towards the end of this document. This Manual will be updated from
time to time, as and when required.
3. How To Request Access To Records Held By CUASA
Requests for access to records held by CUASA must be made on the request form that is available on our website or from the Department of Justice and Constitutional Development (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.
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 CUASA.
The standard form that must be used for the making of requests is attached as annexure 1. 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 CUASA 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 CUASA 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 |
CUASA |
|
Designated Information Officer |
Mr Edwin Thompson |
|
Email address of Information Officer |
ejt@uunet.co.za |
|
Postal address |
P
O Box 76747
|
|
Street address |
None |
|
Phone number |
Tel : +27 (11) 235-6500 |
|
Fax number |
Fax : +27 (11) 235-6501 |
5. Section 10 Guide
The
Guide will be available from the above-mentioned contact person and
contact details.
6. Voluntary Disclosure
CUASA has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that various information relating to CUASA, as well as research prepared by CUASA is freely available on the CUASA website. Certain other information is also made available on such website 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:
Income Tax Act 58 of 1962
Value Added Tax Act 89 of 1991
Electronic Communications And Transactions Act 25 of 2002
8.
Records Held By CUASA
CUASA
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.
In addition,
please note that each company within CUASA does not hold records in
respect of every category and subject matter listed here. If you are
uncertain which entity holds the relevant record, please provide the
Information Officer with as much detail as possible to minimise
delays.
8.1 Internal records
The following are records pertaining to the CUASA’s own affairs:
Constitution
Financial records
Operational records
Intellectual property
Marketing records;
Internal correspondence;
Internal policies and procedures;
Records held by officials of CUASA.
8.2 Personnel records
CUASA does not have any employees and CUASA's office-bearers, consultants and outsourced secretariat attended to all necessary functions of the association. Personnel refers to any person who works for or provides services to or on behalf of CUASA and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of CUASA. This includes, without limitation, office-bearers, consultants, outsourced service providers and contract workers. Personnel records include the following:
Any personal records provided to CUASA by their personnel;
Any records a third party has provided to CUASA about any of their personnel;
Personnel-related contractual and quasi legal records; and
Other internal records and correspondence.
8.3 Member records
Member records includes the following:
Any records a member or candidate member has provided to CUASA or a third party acting for or on behalf of CUASA;
Contractual information;
Any records a third party has provided to CUASA either directly or indirectly; and
Records generated by or within CUASA pertaining to members and/or candidate member, including transactional records.
8.4 Other Records
Further records are held including:-
Information relating to CUASA's own activities;
The CUASA code of conduct for its members;
Research carried out on behalf of its members by CUASA, or commissioned from a third party for such members; and
Research information belonging to CUASA, whether carried out itself or commissioned from a third party.
Annexure
A: Online form for making an information request
not
yet active