1.1. This PAIA Manual has been prepared in line with section 51 of the Promotion of Access to Information Act 2 of 2000 (“the Act”). Its purpose is to assist individuals in requesting access to records held by a private body. When a request is made under the Act, the private body is required to provide the information if the requester demonstrates that it is necessary to exercise or protect their rights, unless there are legitimate grounds for refusal. The Act outlines the procedures for requesting information.
1.2. Section 51 of the Act mandates private bodies to produce a manual that facilitates access to information held by the private body. It also specifies the essential requirements that such a manual must fulfil.
1.3. This document is the PAIA Manual of Namhost Internet Services Pty Ltd ("Namhost"). It has been prepared in compliance with section 51 of the Act, as amended by the Protection of Personal Information Act, 2013 ("POPIA"). POPIA upholds the Constitutional right to privacy and sets forth minimum standards for the processing of personal information. It revises certain provisions of the Act, aiming to balance the right of access to information with the protection of personal data. POPIA also introduces the Information Regulator, who is tasked with ensuring compliance and addressing issues such as unsolicited electronic communications and automated decision-making.
Unless otherwise indicated, or where the context implies otherwise, the following terms shall have the following definitions, namely -
2.1. "Act" means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;
2.2. "Affiliates" means any connected party within the same group of companies, employees, sub-contractors, contractors and assigns;
2.3. "Company" means Namhost and its Affiliates;
2.4. "Information Officer" means the person acting on behalf of Namhost and discharging the duties and responsibilities assigned to the head of Namhost by the Act. The Information Officer is duly authorised to act as such and such authorisation has been confirmed by the “head” of Namhost in writing;
2.5. "Manual" means this manual published in compliance with Section 51 of the Act;
2.6. "PAIA" means Promotion of Access to Information;
2.7. "Record" means any recorded information, regardless of form or medium, which is in the Possession or under the control of Namhost, irrespective of whether it was created by Namhost;
2.8. "Registry Operator" means an operator authorised to accredit Namhost to sell domains;
2.9. "Request" means a request for access to a Record of Namhost;
2.10. "Requestor" means any person, individual or juristic persons, including a public body or an official thereof, making a Request for access to a Record of Namhost and includes any person acting on behalf of that person; and
2.11. "SAHRC" means the South African Human Rights Commission.
2.12. Unless a contrary intention clearly appears, words signifying -
2.13. Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.
3.1. This Manual is published on Namhost's website and is available on request from the Information Officer. The details of the Information Officer are:
| Name of Private Body: | Namhost Internet Services Pty Ltd |
| Designated Information Officer: | Ardi Coetzee |
| Email address of Information Officer: | ardi@namhost.com |
| Postal address: | 24 Black Eagle Rd, Hermanus, 7210, RSA |
| Street address: | 24 Black Eagle Rd, Hermanus, 7210, RSA |
| Phone number: | +27 72 994 8745 |
3.2. This Manual is available at www.namhost.com/paia.
4.1. An official guide has been prepared to assist individuals seeking to exercise their rights to access information as provided by the Act. and POPIA. This guide is available from the Information Regulator, which was established under POPIA. Copies can be obtained from the Information Regulator or the Information Officer at no cost. Requests to inspect the guide at Namhost's office or to obtain a copy from the Information Officer should align with Form 1 of Annexure A to Government Notice No. R.757 dated 27 August 2021, issued under the PAIA Regulations. Please refer to Annexure C.
4.2. In addition, the Information Regulator of South Africa can be approached at the following address:
| Physical Address: |
JD House 27 Stiemens Street Braamfontein Johannesburg 2001 |
| Postal Address: |
PO Box 31533 Braamfontein Johannesburg 2017 |
| General enquiries: | enquiries@inforegulator.org.za |
| Complaints: | PAIAComplaints@inforegulator.org.za |
| Compliance: | PAIACompliance@inforegulator.org.za |
The objectives of this Manual are:
5.1. to compile an inventory of all records maintained by Namhost;
5.2. to outline the criteria for individuals who are eligible to request information under the Act, as well as the justifications for which a request may be refused;
5.3. to specify the procedures and format for submitting a request for information; and
5.4. to adhere to the supplementary requirements mandated by POPIA.
6.1. According to the Act, an individual may request information only if it is necessary for the exercise or protection of a legitimate right, subject to the provisions in the Act.
6.2. Consequently, information will not be provided unless the Requester gives sufficient details to enable Namhost to identify the right being protected and explains why the information is necessary for exercising or protecting that right. The exercise of an individual's rights is subject to reasonable limitations, including the protection of privacy, commercial confidentiality, and effective, efficient, and good governance. The Act and the procedures outlined in this Manual are not intended for accessing records for criminal or civil proceedings, nor should information be requested once such proceedings have begun.
6.3. The Information Officer is responsible for receiving and coordinating all requests for access to records under the Act, ensuring compliance with the Act and POPIA.
6.4. The Information Officer will liaise with Namhost's management / directors regarding these requests.
6.5. All requests in terms of the Act and this Manual must be addressed to the Information Officer using the details in paragraph 3.1 above.
7.1. Information available on Namhost's website can be accessed openly and by the public, without the need for a formal request as outlined in this Manual.
7.2. Namhost's website is publicly accessible to anyone with internet access, and the following types of information are available for download, inspection, purchase, or photocopying (at the Requestor's own cost):
8.1. In terms of POPIA, personal information must be processed for a specified purpose and subject to the limitations in POPIA. The purpose for which data is processed by Namhost will depend on the nature of the data and the data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected.
8.2. Categories of personal information that may be collected by Namhost includes (without limitation):
8.3. The purpose of processing personal information is:
8.4. A description of the categories of data subjects and of the information or categories of information relating thereto:
8.5. The recipients or categories of recipients to whom Namhost may share personal information which is as follows:
8.6. Planned transborder flows of personal information:
Namhost might transfer personal information to places outside of South Africa, including but not limited to the Republic of Namibia, and store it there, where Namhost's suppliers might process it. If this is required, Namhost will comply with applicable data privacy laws and its Privacy Policy before effecting the transfer of Personal Information.
8.7. A general description of information security measures to be implemented by Namhost:
Namhost takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. Namhost takes appropriate technical and organisational measures designed to ensure that personal information and data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.
9.1. Records are kept in accordance with the following legislation to the persons or entities specified in such legislation (including but not limited to the below):
10.1. General information held by Namhost, which is public in nature, may be accessed on Namhost's website without a formal request as contemplated by this PAIA Manual. The records which Namhost holds and the categories within which the records fall are listed below, as required by section 51(2)(e) of the Act. While Namhost holds such records, it is entitled to refuse access in terms of sections 62 and 69 of the Act.
10.2. Statutory and Legal (which is not an exhaustive list):
10.2.5. Minutes of meetings relating to:
10.2.9. Intellectual property relating to:
10.2.10. Human Resources:
10.2.11. Administration, Finance and Accounting:
10.2.12. Insurance:
10.2.13. Information technology:
10.2.14. Sales, Marketing and Communication Records:
10.2.20. Assets:
10.2.21. Operations information:
10.2.22. Registry Data Records:
11.1. On request, access of Namhost's records listed above may be granted or refused based on the following considerations:
11.1.1. Disclosure and/or access granted:
11.1.2. Limited disclosure and/or access granted:
Personal information of natural persons that belong to the requestor of that information, or personal information of juristic persons represented by the requestor of that information, as contemplated by section 61 of the Act.
11.1.3. Information which may not be disclosed:
11.1.4. Information which may not be refused:
12.1. Completion of the prescribed form
12.2. Payment of the Prescribed Fees
12.3. Timelines for processing a request for access.
12.4. Remedies where a Request is refused:
Copies of this Manual are available for inspection, free of charge, at the offices of Namhost and at https://www.namhost.com/t/namhost/Namhost-PAIA_Manual.pdf
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