PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL

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”), which gives effect to the provisions of Section 32 of the Constitution. Simtel Communications supports the constitutional right of access to information and is committed to providing access to our records in accordance with the Act, the confidentiality we owe third parties and the principles of South African law.

1. Simtel Communications Overview: Simtel Communications provides internet services and access to its customers in both the corporate and home markets.

2. Availability of this Manual: A copy of this Manual is available on our website (www.simtel.co.za) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”), or from the Government Printers. This Manual will be updated from time to time as required.

3. How to Request Access to Records Held by Simtel Communications: Requests for access to records held by Simtel Communications must be made on the request forms available on our website, from the SAHRC website (www.sahrc.org.za), or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).

A request fee may be payable, and payment of the prescribed fees must be made before the request will be processed. 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 whether they wish to be informed in any other manner. The requester must identify the right they are 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 submit proof of the capacity in which they are making the request to the satisfaction of the Information Officer of Simtel Communications. The standard form that must be used for the making of requests can be accessed on our website.

4. Contact Details: Name of Private Body: Simtel Communications Designated Information Officer: The default Information Officer (or “head”) is the CEO or equivalent officer. Email address of Information Officer: Rather use a capacity address than a personal one Postal address: Street address: Phone number: Fax number:

5. How to Access the Guide as Described in Section 10 of the Act: The Guide described in Section 10 of the Act is available from the South African Human Rights Commission.

Voluntary Disclosure: Simtel Communications has not published a notice in terms of Section 52(2) of the Act, but information relating to Simtel Communications and its services is freely available on our website.

7. VOLUNTARY DISCLOSURE SIMTEL COMMUNICATIONS has not published a notice in terms of Section 52(2) of the Act. However, information related to SIMTEL COMMUNICATIONS and its services is available on its website, along with other public communication, such as marketing brochures and advertising material.

8. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION Information is available to the persons or entities specified in the following legislation:

• Companies Act 61 of 1973
• Income Tax Act 58 of 1962
• Value Added Tax Act 89 of 1991
• Labour Relations Act 66 of 1995
• Basic Conditions of Employment Act 75 of 1997
• Employment Equity Act 55 of 1998
• Skills Development Levies Act 9 of 1999
• Unemployment Insurance Act 30 of 1966
• Electronic Communications and Transactions Act 25 of 2002.
• Telecommunications Act 103 of 1996
• Electronic Communications Act 36 of 2005
• ICASA Act 13 of 2000
• Film and Publications Act 65 of 1996
• Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

9. RECORDS HELD BY SIMTEL COMMUNICATIONS SIMTEL COMMUNICATIONS maintains records on the following categories and subject matters. However, recording a category or subject matter in this Manual does not imply that a request for access to such records would be granted. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

9.1 Internal records

• Memorandum and Articles of Association
• Financial records
• Operational records
• Licences
• Intellectual property
• Marketing records
• Internal correspondence
• Product records
• Statutory records
• Internal policies and procedures
• Records held by officials of SIMTEL COMMUNICATIONS

9.2 Personnel records Personnel records include information related to anyone who works for or provides services to SIMTEL COMMUNICATIONS, including directors, permanent, temporary, and part-time staff, contract workers, and anyone who assists in conducting its business. Personnel records include:

• Personal records provided to SIMTEL COMMUNICATIONS by its personnel
• Records provided by third parties about SIMTEL COMMUNICATIONS’ personnel
• Conditions of employment and other personnel-related contractual and quasi-legal records
• Internal evaluation records
• Other internal records and correspondence

9.3 Customer records SIMTEL COMMUNICATIONS protects its customer’s confidential information. Requests for customer information will be evaluated carefully, having regard to Sections 63 to 67 of the Act. Customer records include:

• Records provided by customers or third parties acting on their behalf
• Contractual information
• Customer needs assessments
• Personal records of customers
• Credit information and other research conducted in respect of customers
• Records provided by third parties about customers
• Confidential, privileged, contractual, and quasi-legal records of customers
• Customer evaluation records
• Customer profiling
• Performance research conducted on behalf of customers or about customers

Records generated by or within SIMTEL COMMUNICATIONS pertaining to customers, including transactional records

9.4 Other Parties SIMTEL COMMUNICATIONS maintains records pertaining to other parties, such as contractors, suppliers, joint ventures, service providers, and market conditions. These parties may also hold records that belong to SIMTEL COMMUNICATIONS. This category includes:

• Records related to SIMTEL COMMUNICATIONS personnel, customers, or operations held by third parties
• Records held by SIMTEL COMMUNICATIONS related to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about contractors/suppliers or customers.

9.5 Other Records SIMTEL COMMUNICATIONS also holds other records, including:

• Information related to SIMTEL COMMUNICATIONS’s own commercial activities
• Research conducted by SIMTEL COMMUNICATIONS on behalf of clients or commissioned from third parties for customers
• Research information belonging to SIMTEL COMMUNICATIONS, whether conducted in-house or commissioned from a third party.