Afrihost provides internet connectivity services and access to its Clients, in both the corporate and home market.
Afrihost supports the constitutional right of access to information and is committed to provide you access to its records in accordance with the provisions of PAIA, the confidentiality we owe to third parties, and the principles of South African law.
02. Statutory framework.
With effect from 30 June 2021, PAIA was amended by section 110 of POPIA read with the Schedule to POPIA. The functions historically performed by the South African Human Rights Commission in relation to PAIA were transferred to the Information Regulator, established under section 39 of POPIA.
The PAIA Regulations, 2021, prescribe the forms and fees payable for requests under PAIA. Reference in this manual to forms and fees are references to those prescribed under the PAIA Regulations, 2021.
03. Contact details.
Afrihost:
Street address: 376 Rivonia Boulevard, Edenburg, Rivonia, Gauteng, 2128
Postal address: PO Box 5116, Rivonia, Gauteng, 2128
Contact number: 0800 011 000
Fax number: 086 552 8000
Designated Information Officer name: Prashant Hari
at the principal place of business of Afrihost SP, for inspection during normal office hours, free of charge;
This manual will be updated from time to time, as and when required.
05. The section 10 guide.
The Information Regulator has, under section 10 of PAIA, compiled and updated a PAIA guide, as may be reasonably required by a person who wishes to exercise any right contemplated in PAIA.
This guide is available from the Information Regulator here.
06. Voluntary disclosure.
Afrihost has not submitted a description of records to the Minister in terms of section 52(1) of PAIA, and no notice has been published in respect of Afrihost in terms of section 52(2) of PAIA. Accordingly, and due to ensuring the security of Client information, there is no notice in terms of section 51(1)(c) of PAIA describing any category of records of Afrihost that is automatically available without a person having to request access in terms of PAIA.
Notwithstanding the aforegoing, general information about Afrihost and its services, including without limitation, product, pricing and corporate information, marketing and advertising material, and other public communications, is made available from time to time on Afrihost’s website at here and access to such information does not require a formal request under PAIA.
The availability of such information does not create any right or entitlement, in contract or otherwise, to access any other record of Afrihost, access to which remains subject to the provisions of PAIA.
07. Records available in terms of other legislation Section 51 (1)(d).
7.1. In terms of section 51(1)(d) of PAIA, records are held and/or made available by Afrihost in accordance with, and subject to, the following legislation, where and to the extent applicable.
7.2. Access to records in terms of any of the legislation listed below is governed by that legislation, and not by this manual:
Basic Conditions of Employment Act, No. 75 of 1997;
Companies Act, No. 71 of 2008;
Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993;
Consumer Protection Act, No. 68 of 2008;
Electronic Communications Act, No. 36 of 2005;
Electronic Communications and Transactions Act, No. 25 of 2002;
Employment Equity Act, No. 55 of 1998;
Financial Intelligence Centre Act, No. 38 of 2001 (FICA);
Income Tax Act, No. 58 of 1962;
Labour Relations Act, No. 66 of 1995;
Protection of Personal Information Act, No. 4 of 2013 (POPIA);
Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002 (RICA);
Skills Development Act, No. 97 of 1998;
Skills Development Levies Act, No. 9 of 1999;
Tax Administration Act, No. 28 of 2011;
Unemployment Insurance Act, No. 63 of 2001;
Unemployment Insurance Contributions Act, No. 4 of 2002; and
Value-Added Tax Act, No. 89 of 1991.
08. Categories of records held by Afrihost.
In terms of section 51(1)(e) of PAIA, Afrihost holds records in the categories and on the subjects set out below. The inclusion of a category or subject in this manual does not imply that a request for access to a record in that category will be granted. Each request is evaluated on its own merits in accordance with PAIA.
Corporate and statutory records, including the memorandum of incorporation, statutory and governance records, financial and accounting records, operational records, intellectual property records, marketing and product records, and internal policies, procedures, and correspondence.
Personnel records relating to directors, employees, and temporary and contract workers, including employment contracts and conditions of service, personal records provided by personnel, records provided by third parties about personnel, internal evaluation records, and related internal records and correspondence.
Client records, including records and personal information provided by Clients, account and transactional records, Client needs assessments, credit information, and the confidential, contractual, and quasi-legal records of Clients. Requesters are referred to sections 63 to 67 of PAIA regarding the mandatory protection of the information of third parties.
Technical records generated by or within Afrihost relating to Clients and to the provision of Services.
Records relating to other parties, including contractors, suppliers, service providers, and joint-venture partners, such as contractual records, correspondence, and financial records, as well as records of Afrihost that may be held by such parties.
Other records, including records relating to Afrihost’s own commercial activities and research conducted by or for Afrihost.
09. Processing of personal information.
Afrihost is a “responsible party” under POPIA and processes the personal information of, among others, its Clients, personnel, and suppliers, in the course of conducting its business.
A description of the categories of personal information that Afrihost processes, the purposes of and lawful bases for such processing, the recipients to whom personal information may be disclosed, the transfer of personal information across borders, and the rights of data subjects (including the right to access, correct or request deletion of personal information, the right to object to processing, and the right to lodge a complaint with the Information Regulator) is set out in Afrihost’s Privacy Policy, available here. To avoid duplication, that information is not repeated in this manual.
A data subject who wishes to access the personal information that Afrihost holds about them must submit a request using Form 2 of Annexure A to the PAIA Regulations, 2021, in accordance with the section below. Requests to correct, update, delete or object to the processing of personal information are dealt with in accordance with POPIA and the process set out in Afrihost’s Privacy Policy.
10. How to request access to records.
A request for access to a record held by Afrihost must be made on Form 2 of Annexure A to the PAIA Regulations, 2021 (the prescribed request form contemplated in section 53(1) of PAIA, read with regulation 7).
The prescribed form is available:
from Afrihost’s Information Officer, on request, at the email address set out in the contact details section above;
The completed form must be submitted to Afrihost’s Information Officer at the address or email address set out in the contact details section above, together with proof of payment of the prescribed request fee.
In terms of section 53(2) of PAIA, the requester must:
provide sufficient particulars to enable the Information Officer to identify the records or records requested, and to identify the requester;
indicate the form of access required;
specify a postal address, or email address in South Africa, and state whether the requester wishes to be informed of the decision in any other manner; and
identify the right that the requester 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.
Where a request is made on behalf of another person, the requester must submit proof of the capacity in which the request is made, to the satisfaction of Afrihost’s Information Officer.
The Information Officer will, within 30 (thirty) days of receipt of the request, subject to any extension permitted under section 57 of PAIA), notify the requester of the decision and of any access fee payable, on Form 3 of Annexure A to the PAIA Regulations, 2021, in accordance with section 56 of PAIA and regulation 8. A failure to respond within the prescribed period is treated as a deemed refusal of the request in terms of section 58 of PAIA.
Failure to use the prescribed form, or to provide sufficient information, may result in the request being refused or delayed.
11. Fees
Two types of fees may be payable in respect of a request: a request fee, payable on submission of the request; and an access fee, payable before access is given, calculated according to the time and materials reasonably required to search for, prepare, reproduce and transmit the record.
The current fees prescribed for private bodies in Annexure B to the PAIA Regulations, 2021, are published by the Information Regulator and is available here.
Where the preparation of a record for disclosure requires more than 6 (six) hours, a deposit of one third of the access fee is payable before the record is prepared.
The fees set out above are those prescribed under the PAIA Regulations, 2021, and may be amended by the Minister from time to time by notice in the Gazette.
12. Grounds for refusal of access.
Afrihost may, and in certain circumstances must, refuse a request for access to a record on the grounds set out in Chapter 4 of Part 3 of PAIA, including:
the mandatory protection of the privacy of a third party who is a natural person (section 63);
the mandatory protection of the commercial information of a third party (section 64);
the mandatory protection of certain confidential information of a third party (section 65);
the mandatory protection of the safety of individuals and the protection of property (section 66);
the protection of records privileged from production in legal proceedings (section 67);
the protection of commercial information of Afrihost (section 68); and
the mandatory protection of the research information of a third party, and of Afrihost (section 69).
Notwithstanding the grounds of refusal listed above, access to a record may be granted where its disclosure is required in the public interest in the circumstances contemplated in section 70 of PAIA.
13. Remedies.
Afrihost does not provide for an internal appeal against a decision of the head of a private body. The internal appeal procedure (and Form 4 of Annexure A to the PAIA Regulations, 2021) applies only to decisions of the information officer of a public body.
A requester or third party who is aggrieved by a decision of Afrihost, including a deemed refusal under section 58 of PAIA, may, in terms of section 77A of PAIA, lodge a complaint with the Information Regulator. The complaint must be lodged in writing, on Form 5 of Annexure A to the PAIA Regulations, 2021, within 180 (one hundred and eighty) days of the decision, and submitted to the Information Regulator at PAIAComplaints@inforegulator.org.za.
A requester or third party may, in terms of section 78(3) of PAIA, apply to a court, the High Court having jurisdiction, or another court designated under PAIA, for appropriate relief, after exhausting the complaints procedure to the Information Regulator.
14. Prescribed forms.
The following forms prescribed under the PAIA Regulations, 2021, are relevant to requests made to Afrihost:
Form 2 of Annexure A - Request for Access to Record;
Form 3 of Annexure A - Outcome of Request and of Fees Payable;
Form 5 of Annexure A - Lodging of a Complaint with the Information Regulator.
Copies of the prescribed forms are available from Afrihost’s Information Officer, on request, and from the Information regulator’s website
15. Updates to this Manual.
This manual will be reviewed and updated by Afrihost SP from time to time.
The latest version of the manual will be made available at the locations set out in clause 4 above.
