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PAIA

MANUAL PRODUCED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000

Preamble

The information in this manual pertains to Mobile Telephone Networks (Pty) Ltd, ("MTN") Registration Number 1993/001411/07.

MTN operates Cellular Telecommunications Services under the National Cellular Telecommunications Services Licence, granted to it in 1993.MTN is the second largest cellular network with over 9.5 million subscribers and a geographical coverage of over 93% of the population of South Africa.

In terms of Section 51(2) of the Promotion of Access to Information Act No.2 of 2000 ("the Act"), Private bodies such as MTN are required to compile and publish a manual with the information as set out herein.

In terms of Section 51(2) of the Act, the head of a Private Body may, on a regular basis, update this manual. Based on the provisions of this section, MTN will as and when it deems it necessary update or amend this manual.

The head of MTN has delegated his functions under this Act to the Legal and Regulatory Department, which Department has appointed an Information Officer.

Requirements in terms of Section 51(1)(a)

1.Postal and street addresses for Information Officer

Postal Address:

MTN (PTY) LTD

Private Bag 9955

Cresta

2118

1.Physical Address:

MTN (PTY) LTD - Innovation Centre

216 - 14th Avenue

Fairland

Roodepoort

2195

2.Phone number for Information Officer

Telephone: (27)(11) 912 3216

3. Fax number for Information Officer

Fax: (27)(11) 912 3168

4.Electronic mail address for Information Officer

"PAIA@mtn.co.za"

5.Requirements in terms of Section 51(1)(b)

The Guide will be available from the South African Human Rights Commission by not later than August 2003. Please direct any queries to:

The South African Human Rights Commission:PAIA Unit

The Research and Documentation Department

Postal address:

Private Bag 2700

Houghton

2041

Telephone: +27 11 484-8300

Fax: +27 11 484-0582

Website: sahrc.org.za

Email: PAIA@sahrc.org.za

6.Requirements in terms of Section 51(1)(c)

At the time of publication of this manual, the Minister had not published any description of records available without a person having to request access in terms of this Act as provided for in terms of Section 52(2).

7.Requirements in terms of Section 51(1)(d)

MTN keeps records in terms of the following legislations:

Employment Equity Act 55 OF 1998:

As a designated employer, MTN has lodged a copy of its employment equity report at the Department of Labour.

Pension Funds Act 24 OF 1956:

The rules of the pension fund utilised by MTN, as well as the last revenue account and balance sheet of such fund, are available for inspection at the offices of the Registrar of Pension Funds. Companies Act 61 OF 1973:

  • All documents of incorporation of MTN are lodged at the offices of the Registrar of Companies, and may be inspected there. These documents include the memorandum and articles of association of MTN, as well as the relevant company forms.
  • The register of members and register of transfers (of members), pledges and bonds of MTN are available for inspection at the registered office of MTN.
  • Special resolutions are lodged with the Registrar of Companies, and are therefore available for inspection there.
  • A register of the directors' and officials' interests in contracts entered into by MTN is kept.

Telecommunications Act 103 OF 1996

  • Section 46 obliges MTN as a licensee to keep accounts and records pertaining to telecommunications services.

National Cellular Telecommunications Service Licence:

  • In terms of Clause 2, MTN has contracted service providers and/or dealers as an interface with its subscribers. Service providers and/or dealers operate their own businesses and manage their own contract subscriber base. A list of MTN's service providers and dealers is available on its website.
  • Clause 12 obliges MTN to keep proper accounting records in accordance with a Chart of Accounts and Cost Allocation Manual as prescribed by the Authority (ICASA).
  • Clause 13 obliges MTN to lodge and get approval in writing from the Authority (ICASA) on tariffs and fees for its services and further to keep records thereof.

The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002:

  • Section 30 (1) (b) obliges MTN to store communication related information.
  • Section 40 obliges MTN to keep proper records of information to be obtained and kept in respect of cellular phones and SIM-Cards.

8.Requirements in terms of Section 51(1)(e) for a description of the subjects on which the Private Body holds records and the categories of records held on each subject:

This section of the Manual sets out the subject and categories of records held by MTN. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

Department Description of categories of records held

Company Secretary Compliance with Corporate Governance (King Commission)

Memorandum and Articles of Association

Company Register

Shareholders Agreement

Share Incentive Schemes / Trusts

Share Certificates

Debt securities

Register of debenture holders

Board Meetings:

Attendance register

Resolutions

Presentations by various divisions

Minute books

Delegation of Authorities:

Financial Reports

Directors' records

Profiles of subsidiary companies

General correspondence

Finance&Invoices:

Credit / Debit Notes

Journals,Ledgers & Balance Sheets

Income Statements

Banking records

Trial Balance Statements

Cash Flow Statements

Tax invoices / returns

Salary information

Auditors Report

Internal Policies & Procedures

General correspondence

Administration Suppliers

Debtors and Creditors

Insurance Policies

Lease Agreements

Office Building Structures

Tender Contracts

Employees travel records

Internal Policies and procedures

General correspondence

Network Group Business Plans:

Network systems

Network performance records

Operational risk review reports

Incidence records and statistics

Training course material

List of all base transceiver station site and leases

Environmental approvals

Local Authority Approvals

Base Transceiver station site upgrade information

Base transceiver site electromagnetic emission levels

Base transceiver station site certificates EMF conformance and environmental requirements

Call data records (date, time, duration and number dialled)

Internal Policies and Procedures

General correspondence

Safety, Health and Environmental Risk Management Incidence reports and statistics:

Audit Reports

Risk Management System

Operational Risk Review Reports

Internal Policies and Procedures

General correspondence

Commercial Legal

Contracts / Agreements

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