ENQUIRIES : SENIOR MANAGER: LEGAL AND COMPLIANCE MANUAL IN ACCORDANCE WITH THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO.

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1 CS DIRECTIVE 1/2016 PROMULGATED BY : COMPANY SECRETARY EFFECTIVE FROM : 22 APRIL 2016 ENQUIRIES : SENIOR MANAGER: LEGAL AND COMPLIANCE APPLICABLE TO : ALL ATNS EMPLOYEES MANUAL IN ACCORDANCE WITH THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO. 2 OF 2000) (PAIA) 1. INTRODUCTION 1.1 This infrmatin manual ("the Manual") is published in terms f Sectin 14 f the Prmtin f Access t Infrmatin Act N.2 f 2000 (the "Act"). The Act gives effect t the prvisins f Sectin 32 f the Cnstitutin which prvides fr the right f access t infrmatin held by the State and t infrmatin held by anther persn that is required fr the exercise and/r prtectin f any right. 1.2 The purpse f the Act is t fster a culture f transparency and accuntability in bth the public and private sectrs by affrding any persn the right f access t infrmatin t enable them t exercise and prtect all f their rights t the full extent required. 1.3 The Act requires the Public and Private bdies t cmpile a manual cntaining infrmatin as set ut in Sectin 14 f the Act. 2. PURPOSE OF THE MANUAL The purpse f this Manual is t set ut the prcedures t be fllwed and criteria that have t be met fr anyne (the "requester") t request access t recrds in the pssessin r under the cntrl f Air Traffic and Navigatin Services Cmpany (ATNS). 3. AVAILABILITY OF THE MANUAL This Manual can be accessed n ur website at r by requesting a cpy by frm the relevant Infrmatin Officer as prvided fr in paragraph 4 belw. The Manual may als be btained frm the Suth African Human Rights Cmmissin. 4. FUNCTION AND STRUCTURE OF ATNS 4.1 ATNS was established in terms f Sectin 2 f the Air Traffic and Navigatin Services Cmpany Act, 45 f It is a schedule 2 Public Entity in terms f the Public Finance Management Act, 1 f The bjective f ATNS is acquisitin, establishment, develpment, prvisin, maintenance, management, cntrl r peratin f air navigatin infrastructure, air traffic services r air navigatin services. 4.3 ATNS is a sle prvider f air traffic management, cmmunicatin, surveillance, navigatin, training and assciated service within Suth Africa. ATNS manages ten percent f the wrld s ATNS/HO/CS Dir 1/2016 Page 1 f 6 22 April 2016

2 airspace. ATNS strives t cntinuusly prvide safe air space, rderly, expeditius and efficient management f Air Traffic Management services. The cmpany perates at 21 aerdrmes within the cuntry, including OR Tamb, Cape Twn and Durban Internatinal Airprts. 4.4 In the rest f the African Cntinent, ATNS prvides inter alia, Aernautical Satellite, Cmmunicatin netwrks knwn as VSAT Netwrks, WGS 84 surveys, dcumentatin, airspace design, AIP dcumentatin Billing Services and Cnsultancy services. 4.5 The services prvided extend frm Cape Twn t Cair intercnnecting mre than 33 states in Africa and Middle East. ATNS academy prvides training t students frm Suth Africa and ther African Cuntries n Aernautical infrmatin services (AIS). 4.7 ATNS has a Bard which manages the affairs f ATNS, and exercises cntrl ver the perfrmance f its functins, the exercise f its pwers and the executin f its duties. The Bard has assigned certain pwers t the Chief Executive Officer wh is respnsible fr the general management f ATNS. 4.8 ATNS is made up f the fllwing Departments: Engineering and Technical Services Operatins Air Traffic Management Cmmercial Services Risk & Cmpliance Human Capital Finance 5. INFORMATION OFFICER AND DEPUTY INFORMATION OFFICERS 5.1 In terms f the Act, the Chief Executive Officer f a public bdy is autmatically designated as Chief Infrmatin Officer. 5.2 The Chief Executive Officer has designated the Senir Manager: Legal and Cmpliance, Senir Manager: Marketing and Cmmunicatin, Chief Infrmatin Officer and the Cmpany Secretary t act as Deputy Infrmatin Officers. Hwever, t ensure prper prcessing f requests, all requests fr infrmatin must be addressed t the Senir Manager: Legal and Cmpliance. 6. CONTACT DETAILS 6.1 ATNS ffice is situated in Eastgate Office Park, in Bruma, Jhannesburg Physical address: Pstal address: Eastgate Office Park Blck C Suth Bulevard Rad Bruma, 2198, Gauteng, Suth Africa Private Bag X15 Kemptn Park 1620 Tel: Fax: Website address: ATNS/HO/CS Dir 1/2016 Page 2 f 6 22 April 2016

3 7. SOUTH AFRICAN HUMAN RIGHTS COMMISSION ("SAHRC") GUIDE ON THE ACT 7.1 A guide t the Act and the rights f requesters is available frm the SAHRC r frm their website: Shuld yu have any queries in this regard, please cntact the SAHRC directly at: The Suth African Human Rights Cmmissin: PAIA Unit; the Research and Dcumentatin Department; Pstal address: Private Bag 2700, Hughtn, 2041; Telephne: ; Fax: ; Website: paia@sahrc.rg.za 8. MANNER OF REQUEST 8.1 ATNS can be regarded as bth the Public Bdy and a Private Bdy depending n the recrd t be accessed. 8.2 ATNS will be regarded as a public bdy where the recrds relate r are relevant t the exercise f a pwer r the perfrmance f a functin in terms f legislatin r the funding Act. All regulated services will fall under this categry. 8.3 ATNS will be regarded as a Private Bdy if the recrd requested, relates t the exercise f a pwer r the perfrmance f a functin f a Private Bdy. Emplyee related matters will fall under this categry. 8.3 All requests fr access t infrmatin relating t ATNS as a Public Bdy will be dealt with in terms f Sectin 11 f the Act. Any ther unregulated Services will be dealt with in terms f Sectin 50 f the Act as this relates t recrd f ATNS in a capacity as Private Bdy. 9. PROCEDURE FOR REQUESTING ACCESS TO INFORMATION 9.1 The requester must fill in a prescribed frm (Frm A) and frward a request t the Infrmatin Officer. The requester must indicate whether the request is fr a cpy f the recrd r inspectin f the relevant recrd. 9.2 If the requester requests access in a particular frm, access will be granted in such a manner in which the request was made, unless ding s will interfere unreasnably with the running f the Public Bdy, if it will infringe n cpyright nt wned by the Public Bdy r if it will cause damage t the recrd. 9.3 If, in additin t a written reply t the request fr the recrd, the requester wants t be infrmed telephnically, this must be indicated n the applicatin frm. 9.4 If the requester is requesting access n behalf f anther persn, the capacity in which the requester is making the request must be indicated. 9.5 If the requester is unable t read r write, r has a disability, then a request can be made rally. The Infrmatin Officer will assist such requester t fill in a frm n behalf f a requester and give him a cpy. 10. CONSIDERING THE REQUEST 10.1 Subject t the prvisins f the Act, access t recrds requested frm ATNS will nly be given if the fllwing cnditins are met; All the prcedural requirements set ut in the Act relating t a request are met; and; Access t the requested recrd/s is nt refused in terms f any grund fr refusal set ut in the Act. ATNS/HO/CS Dir 1/2016 Page 3 f 6 22 April 2016

4 The grunds f refusal are utlined in Part 2 f Chapter 4 and Part 3 Chapter 4 and includes mandatry prtectin f: cmmercial infrmatin f a third party; certain cnfidential infrmatin; safety f individuals, and prtectin f prperty; recrds privileged frm prductin in legal prceedings; ecnmic interests and financial welfare f the Republic and cmmercial activities f public bdies; research infrmatin f a third party, and prtectin f research infrmatin f a public bdy; r certain infrmatin regarding the peratins f public bdies ATNS may als refuse requests that are manifestly frivlus r vexatius r that will lead t a substantial and unreasnable diversin f resurces In terms f the Internatinal Civil Aviatin Organisatin ( ICAO ) Annex 13, paragraph 8.3, certain recrds cannt be disclsed and ATNS will take that int accunt when a request is made. ICAO Annex 13 Paragraph 8.3, states as fllws: the State cnducting the investigatin f an accident r incident shall nt make the fllwing recrds available fr purpses ther than accident r incident investigatin, unless the apprpriate authrity fr the administratin f justice in that State determines that their disclsure utweighs the adverse dmestic and internatinal impact such actin may have n that r any future investigatins; all statements taken frm persns by the investigatin authrities in the curse f their investigatin; all cmmunicatins between persns having been invlved in the peratin f the aircraft; cckpit vice recrdings and transcripts frm such recrdings; recrdings and transcriptins f recrdings frm air traffic cntrl units; and pinins expressed in the analysis f infrmatin, including flight recrder infrmatin. 11. FEES PAYABLE 11.1 The Act makes prvisin fr tw types f fees, namely a request fee and an access fee, which must be paid t ATNS fr the access f recrd A persnal requester, (requester wh requests access t a recrd cntaining persnal infrmatin) is nt required t pay a request fee A required prescribed fee is payable fr any request if the requester is nt requesting a recrd cntaining his persnal infrmatin. The Infrmatin Officer will ntify the requester befre prcessing the request t pay the prescribed fee The request fee payable t public bdies is as set ut in Annexure A, payable n submissin f each applicatin. This amunt is nt refundable After the Infrmatin Officer has made a decisin n the request, the requester will be ntified f such request and a further access fee must be paid fr the search, preparatin, reprductin and fr any time that has exceeded the prescribed hurs t search and prepare the recrd. 12. RECORDS HELD BY ATNS 12.1 Recrds available frm ATNS withut a persn having t request access in terms f PAIA (Vluntary disclsure and autmatic available recrd) ATNS/HO/CS Dir 1/2016 Page 4 f 6 22 April 2016

5 i. The Annual Reprt f ATNS (The annual reprt can be dwnladed frm ATNS Website at Descriptin f subjects and categries f recrds held by the ATNS The fllwing recrds are available, but disclsure theref is nt autmatic and is subject t Chapter 3 f PAIA. Each request will be evaluated n a case by case basis in accrdance with the prvisins f the Act. Financial recrds; Operatins recrds; Air Traffic and Management recrds; Engineering recrds; Internal Crrespndences; Internal plicies, directives and prcedures; Statutry recrds; Human Resurce recrds Services and infrmatin available t the public at a fee Upper Airspace Management; VSAT/NAFISAT; WGS- 84 Survey; Aernautical Infrmatin Services Dcumentatin; Central Aernautical Database (CAD); Billing Services; Flight Prcedure Design; Airspace Design; Engineering Services; and Training 13. APPEAL PROCEDURE 13.1 In terms f PAIA and the Cnstitutin f the Republic f Suth, everyne has a right t access infrmatin held by a Public Bdy prvided such recrd des nt fall within the categry f recrds prhibited in terms f Chapter Shuld the requester feel that the refusal t grant access t the recrd is unjustifiable, he r she can ldge an Appeal with the Infrmatin Officer. An internal appeal must be ldged in the prescribed frm, within 60 (days) f the decisin. The Appeal must cntain infrmatin n the decisin being appealed against, the reasns fr the appeal and any ther infrmatin that is knwn by the requester relating t the appeal After exhausting the internal appeal remedies, an applicatin may be ldged with a curt f law. 14. UPDATING OF MANUAL Sectin 14(3) The manual will be updated n an annual basis and as sn as the updated versin is available, it will be made available t the public in the manner indicated belw AVAILABILITY OF MANUAL [Sectin 14(3)] The manual will be made available in the fllwing manner: Frm each Legal Depsit as defined in sectin 6 f the Legal Depsits Act 1997; ATNS/HO/CS Dir 1/2016 Page 5 f 6 22 April 2016

6 The English versin will be published in the Gazette; The manual will be made available, n the ATNS website; Suth African Human Rights Cmmissin. 15. CONCLUSION The manual s purpse is t prmte transparency and accuntability and t enable the members f the public t exercise their Cnstitutinal Right t access t infrmatin. ATNS will submit an annual reprt t the Human Rights Cmmissin n the implementatin f PAIA. COMPANY SECRETARY APPROVED BY: S MNGOMEZULU DATE: ATNS/HO/CS Dir 1/2016 Page 6 f 6 22 April 2016