LEGAL / Access To Information Act

MANUAL OF SUPERCALL CELLULAR (PROPRIETARY) LIMITEDimageHeader13.jpg
 
 

In terms of Section 51(1) of the Promotion of Access to Information Act 2 of 2000 (“the Act”)

THE PURPOSE

The purpose of this document is to serve as the Manual of Supercall as required in terms of the Act, and to provide a reference as to the records held and the procedures that need to be followed to request access to such records

INTRODUCTION

Supercall is South Africa’s largest independent provider of cellular telephony.

SECTION I: CONTACT PERSON AND ADDRESS DETAILS OF ALTECH

(as required by Section 51(1) (a)The Managing Director (“MD”) of the Company has duly authorised the contact person below to ensure that theAct is complied with:

Contact Person: Ms R Wolmarans

Physical Address: Altech House, 79 Central Street, Houghton, JOHANNESBURG

Postal Address:
P.O. Box 153, Bergvlei, 2012, SOUTH AFRICA
Telephone: (011) 715 9000
Fax: (011) 715 9048
E-mail:
rwolmarans@altech.co.za

SECTION II:GUIDE ON HOW TO USE THE ACT

(as required by Section 51(1) (b), as read with Section10) The Human Rights Commission has compiled a guide, in terms of Section 10 of the Act, containing information which may reasonably be required by a person who wishes to exercise any right contemplated in the Act. This guide was published in the first half of 2005 and access to it, and to any amended versions thereof cab be found on the website of the South African Rights Commission at www.sahrc.org.za, or a hard copy can be obtained directly from the South African Human Rights Commission.The Human Rights Commission’s contact details are as follows:

Physical Address: The South African Human Rights Commission EAIA UnitThe Research and Documentation Department29 Princess of Wales TerraceCnr York and St Andrews StreetParktownJohannesburg

Postal address: Private Bag 2700 Houghton2041
Telephone: (011) 484 8300
Fax: (011) 484 0582
E-mail address:
PAIA@sahrc.org.za
Web site: http://www.sahrc.org.za/ 

SECTION III: CATEGORIES OF RECORDS AVAILABLE

(as required by Section 51(1) (c)The following categories of records are automatically available without a person having to request access in terms of this Act:

1. Statutory records
Memorandum of association
Articles of association
Certificate of incorporation
Certificate to commence business
Register of directors
Declarations of Directors’ Interests
Form CM5 – reservation of name
Form CM7 – shortened form of name
Form CM8 – defensive names
Form CM9 – change of name
Form CM11 – increase in authorised capital
Form CM15 – allotment of shares
Form CM14A – repurchase of shares
Form CM18 – Registration of Court Orders
Form CM19 – redemption of preference shares
Form CM21 – where records are kept if not at registered office
Form CM22 – registered office
Form CM25 – waive period of notice of meeting
Form CM26 – special resolutions
Form CM27 – consent to act as a director
Form CM29 – directors and officers
Form CM31 – appointment/resignation of auditors
Form CM32 – change of year end
Form CM45 – conversion of one type of company to the other
Form CM52 – exemption to lodge annual financial statements.

2. Human Resources
Employment Equity returns to the Dept of Labour
Work skills development plans submitted to relevant Sector Education and Training Authority (SETA)
Standard Terms and Conditions of Employment applicable to all Staff
 

3. Employee benefits
Altron Group Pension Fund
Altron Group Retirement Fund
Altron Medical Aid Scheme
As the above are separate entities, information pertaining to these entities must be requested direct from those funds themselves.
The actuaries of the retirement funds are Alexander Forbes Limited.


4. Auditors
The company’s auditors are PKF (Jhb) Incorporated, 15 Girton Road, Parktown.Records are available, where applicable, in accordance with the following current South African legislation (only to the extent that the relevant Act makes disclosure of records compulsory):

The Occupational Health and Safety Act No. 29 of 1996;
The Hazardous Substances Act No. 15 of 1973;
The Health Act No. 63 of 1977;
The Atmospheric Pollution Prevention Act No. 45 of 1965;
The Compensation for Occupation Injuries and Diseases Act No. 130 of 1993;
The Stock Exchanges Control Act No. 1 of 1985;
The Value Added Tax Act No. 89 of 1991;
The Income Tax Act No. 58 of 1962;
The Companies Act No. 61 of 1973;
Basic Conditions of Employment Act No. 75 of 1997;
Employment Equity Act No. 55 of 1998;
The Labour Relations Act No. 66 of 1985;
Skills Development Act No. 97 of 1998;
The Medical Schemes Act No. 131 of 1998;
The Pension Funds Act No. 24 of 1956.


SECTION V:DETAIL TO FACILITATE A REQUEST FOR ACCESS TO RECORDS

(as required by Section 51(1)(e)
Any request for access to records should be submitted on the prescribed form C (a copy of which is attached) which should be sent to the Contact Person whose name and address details appear in Section I hereof.
Supercall has in its possession the following categories of records on the subject matters referred to hereunder:Finance:
The Finance department attends to the financial affairs of the Company. Finance records comprise the following

main categories:
Departmental
Administration Records
Internal
Reports and Communications
General
Correspondence
Annual
Financial Statements and working papers
Bank  instructions, bank statements and vouchers
Books of account
Cash books
Cheques and deposit slips
Creditors invoices and statements
Creditors
Ledgers
Fixed asset register
General
Ledgers
Goods received notes
Petty cash books
Purchase
Invoices
Purchase orders
Receipts
Workman’s Compensation Documents
Insurance claim reports and accident reports
Fraud and Risk
Fraud and Risk’s purpose is to provide the Company with independent assurance that risks are being appropriately managed within the Company.

Fraud and Risk records comprise the following main categories:
Risk
Management Records
General
Correspondence
General
Administration Records
Audit
Reports and Supporting Working Papers
Fraud
BK Proof (documentation)This Department attends to the management and collection of outstanding Subscriber debts. The records kept by this Department comprise the following:
Debtor’s ledgers
Debtor’s statements
Litigation
Records
Legal
Records
General

Correspondence Customer Service:
The Customer Service Department deals with customer complaints and queries, seeks to maintain and raise service levels to subscribers and ensure that the subscriber base is retained.

The records kept by the Customer Service Department comprise the following:
General
Correspondence
Subscriber and retention agreements
Customer complaints
Service requests
Cancellations
Individual
Subscriber agreement pad
Business
Subscriber agreement pad
Sales
The Sales Department seeks to grow and develop the Company’s corporate client base, maintain service levels to corporate clients, ensure corporate client base is retained, keep corporate Client base updated with the latest technology, and negotiate for new business.

The records kept by the sales Department include the following:
General
correspondence
Records of negotiations for new business
Tender and Proposals records
Internal reports and account reviews
Staff commissions and incentives recordsRetentions:
The Retentions Department seeks to prevent the termination of Subscriber’s contracts, and deals with all retentions agreements.
The records kept by the Retentions Department comprise the following:
Business
Retention Agreement pad
Individual
Retention Agreement pad
Retention
Multiple Line Upgrade pad
Copies of all retention agreements
Insurance
The Insurance Department provides an insurance service to Subscribers in respect of cellular telephones purchased by the Subscribers.
The records kept by the Insurance Department comprise the following
General correspondence
Loan
Phone BK Proof
Requisition
Phone Repair BK
Claim reports
Sales

Order form padBusiness Development:
The Business Development Department seeks to grow and develop the range of products and services offered by the Company to its Subscribers.
The records kept by the Business Development Department comprise the following:
Records regarding the establishment of business relationships
Records regarding new products and services
Records regarding negotiations with products suppliers and service providers
General correspondence Information Technology
The Information Technology department attends to the IT needs of the company. The records kept by the Information Technology department comprise the following:
Software licences
Software
support agreements
Electronic
hardware support/maintenance agreements
Backups
of Debtor’s Ledgers
Backups of Debtor’s statements
Marketing
The Marketing Department produces advertising material in both below and above the line campaigns, in order to sell the products and services of Supercall and the GSM networks.

Marketing Department records comprise the following:
Network
deals letters
Product
information
Product
pricing information
Copies
of all marketing material for reference purposes
Training
The object of this department is to identify training needs within the company, develop and train departmental
company staff on Company policies and procedures, and to keep staff abreast of new developments in the
communications industry.

The records kept by the Customer Service Department comprise the following:
General
Correspondence
Records of internal and external training programmes
Skills
Development Reports submitted to the Department of Labour

Stores Department
This Department attends to the receipt of stock on behalf of the Company and the distribution thereof to various departments within the Company and to the sales channel of the company. The records kept by the Stores

Department comprise the following:
Customer
Collect Receipt BK
Goods received notes BK
Inter
Branch stock transfer BK
Proforma invoice BK
General
Correspondence

SECTION VI: ACCESS REQUEST PROCEDURE AND PRESCRIBED FEES

A request for access to records must be made in the prescribed Form C (a copy of which is attached) which should be sent to the address, fax number or electronic mail address.

Please note that an initial, nonrefundable request fee of R57,00 (inclusive of VAT) is payable on submission. This fee is not applicable to personal requests, i.e. individual seeking access to records pertaining to those individuals themselves.
In the event that a request for access is successful an access fee will be payable for the search, reproduction and/or preparation of records and will be calculated based on the fee prescribed under the Act. The access fee must be paid prior to access being given to the requested record.
Request for information will be evaluated and the applicant will be notified within 30 days after receipt of the request in the prescribed format of the following:Notification of extension period (if required)
Applicants must take note that in terms of the Act the 30 days period mentioned above may be extended for a further period of not more than 30 days under certain circumstances (details will be provided together with the notification of such extension); The access fee and/or deposit.
The applicant will be informed of the access fee (if any) which is payable for having access to the records. In addition, a deposit may be requested which is fully refundable in the event that the application is ultimately refused.Decision on requestThe applicant will be informed whether or not the application for access has been denied, or granted. In the event that it is granted the information referred to above pertaining to the access fee, any deposit payable and any other relevant matters will be advised. In the event that the applicant is refused the applicant will be given adequate reasons for the refusal and will be informed that the applicant may lodge an application with a Court against the refusal of the application, as well as the procedure (including the period) for lodging such application.

Grounds for refusal
The Company may legitimately refuse to grant access to a requested record that falls within a certain category.

Grounds on which the Company may refuse include:
Protecting
personal information that the Company hold about a third person (who is a natural person), including a deceased person, from unreasonable disclosure; Protecting
commercial information that the Company holds about a third party or the Company (for example trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of the Company or the third party);

If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement
If disclosure of the record would endanger the life or physical safety of an individual;
If disclosure of the record would prejudice or impair the security of property or means of transport; If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness
protection scheme; If disclosure of the record would prejudice or impair the protection of the safety of the public; The record is privileged from production in legal proceedings, unless the legal privilege has been waived; Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information)
would harm the commercial or financial interests of the Company;


Disclosure
of the record would put the Company at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
The record is a computer programme; and The record contains information about research being carried out or about to be carried out on behalf of a third party of the Company.
Records that cannot be found or do not exist If the Company has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

Third party information
If access is requested to a record that contains information about a third party, the Company is obliged to attempt to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.
In the event of the third party furnishing reasons for the support or denial of access, our designated contact person will consider these reasons in determining whether access should be granted, or not.

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