PAIA Manual

PAIA manual of Aerobotics Proprietary Limited

This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (the “Act”)

1. Background

1.1. The Promotion of Access to Information Act, No.2 of 2000 (the “Act”) was enacted on 3 February 2000, giving effect to the constitutional right in terms of section 32 of the Bill of Rights contained in the Constitution of the Republic of South Africa 108 of 1996 (the “Constitution”) of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

‍1.2. In terms of section 51 of the Act, all private bodies are required to compile an Information Manual (“PAIA Manual”).

‍1.3. Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, subject to applicable legislative and/or regulatory requirements, except where the Act expressly provides that the information may be adopted when requesting information from a public or private body.

‍2. Aerobotics

‍2.1. Aerobotics is a data analytics company which uses aerial imagery and its own proprietary machine learning algorithms to provide data outputs regarding crop performance and farm management to customers in the agricultural sector, through its cloud-based application and related mobile apps, websites, data collection tools, and web platform. Aerobotics (Pty) Ltd. is a private company, incorporated in accordance with the laws of the Republic of South Africa with registration number: 2014/141112/07 (“Aerobotics”).

‍2.2. This PAIA Manual of Aerobotics is available at its premises: 16 Napier Street, De Waterkant, Cape Town, 7700, as well as on the website, https://www.aerobotics.com.

‍3. Purpose of the PAIA manual

‍3.1. The purpose of this PAIA Manual is to ensure that Aerobotics complies with the Act and promotes the right of access to information, as well as a culture of transparency and accountability by allowing for and giving guidance to the people of South Africa as to how they can effectively access information and protect their rights to information.

‍3.2. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in relation to public and private bodies.

‍3.3. Section 9 of the Act recognizes that the right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

‍3.3.1. limitations aimed at the reasonable protection of privacy;
3.3.2. commercial confidentiality; and
3.3.3. effective, efficient and good governance; and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

‍3.4. This PAIA Manual complies with the requirements of Section 10 of the Act and recognizes that upon commencement of the Protection of Personal Information Act 4 of 2013, that the appointed Information Regulator will be responsible to regulate compliance with the Act and its Regulations by Public and Private Bodies.

4. Contact details of the CEO [Section 51(1)(a)]

‍Chief Executive Officer: James Paterson
Registered address: 16 Napier Street, De Waterkant, Cape Town, 7700
Postal address: As above
Telephone number: 087 654 2954
Website: https://www.aerobotics.com/contact-us

‍5. Information Officer [Section 51(1)(b)]

‍5.1. The Act prescribes the appointment of an Information Officer for public bodies where such Information Officer is responsible to, inter alia, assess requests for access to information. The head of a private body fulfils such a function in terms of Section 51. Aerobotics has opted to 2 appoint an Information Officer to assess such requests for access to information as well as to oversee its required functions in terms of the Act.

‍5.2. The Information Officer appointed in terms of the Act also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the functions and responsibilities as required in terms of both this Act as well as the duties and responsibilities in terms of section 55 of the Protection of Personal Information Act 4 of 2013 after registering with the Information Regulator.

‍5.3. The Information Officer may appoint, where it is deemed necessary, deputy information officers, as allowed in terms of section 17 of the Act as well as section 56 of the Protection of Personal Information Act 4 of 2013. This is in order to render Aerobotics as accessible as reasonably possible for requesters of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of section 55 of the Protection of Personal Information Act 4 of 2013. All requests for information in terms of the Act must be addressed to the Information Officer, the details of whom appear below.

‍Information Officer: Sixolile Timothy
Physical address: 16 Napier Street, De Waterkant, Cape Town, 7700
Telephone number: 021 035 1060
Email: legal@aerobotics.com

‍6. Guide of SA Human Rights Commission (section 51(1)(b))

‍6.1. A guide has been compiled by the South African Human Rights Commission (“SAHRC”) in terms of section 10 of the Act. It contains information required by a person wishing to exercise any right contemplated by the Act. It is available in all of the official languages.

‍6.2. The contact details of the SAHRC are:

‍The South African Human Rights Commision
Physical address: PAIA Unit, 29 Princess of Wales Terrace, Cnr York and Andrew Streets, Parktown
Postal address: Private Bag 2700, Houghton 2041
Telephone number: +27 11 877 3600
Email: PAIA@sahrc.org.za
Website: https://www.sahrc.org.za

‍7. The latest notice in terms of section 52(2)

‍No notice has been published at this stage.

8. Types of records available on request to Aerobotics to access (Section 51(1)(e))

‍This clause sets out the type of information and records held by Aerobotics, grouped according to category.

‍Personnel records:

Employment contracts
Employee handbooks, manuals and policies
Internal evaluation and performance records
Training materials
Payroll and salary records and reports
Employment Equity Plan
3rd party provided records related to personnel
Correspondence related to personnel
Disciplinary records
Leave records
Documentation with regards to share option schemes
Employee tax and contribution related records (eg. PAYE, UIF)
Statutory records related to employees

Customer records:

Customer lists
Terms and conditions for services
Records provided by a customer to a third party acting for or on behalf of Aerobotics
Records provided by a third party
Records generated within Aerobotics related to its customers
Records provided by Aerobotics to customers
Customer correspondence
Customer contracts and legal documentation
Customer business information
Customer proposals and project plans
Advertising and marketing materials

Financial records:

Accounting records
Annual financial statements
Asset registers
Banking records
Financial related correspondence
Debtor and creditor records
Remittances
Invoices and statements
Tax records and returns
Financial policies and procedures
Management accounts
Loan agreements

Company records:

Constitutional documents
Director and Shareholder registers and information
Records of Board and Shareholder meetings
Share certificates
Share register
Special resolutions / resolutions passed
Records relating to the appointment of

Auditors
Directors
Secretary

Legal compliance records
All information required to be kept in accordance with the Companies Act of South Africa No. 71 of 2008
Insurance policies

Supplier and service provider records:

‍Supplier and service provider personal information
Service agreements
Independent contractor agreements
Insurance documentation

Technical and product records:

Product records
Research and development documentation
Patents, trademarks and intellectual property rights related documentation
Technology system records
Information usage documentation
Project implementation plans
Databases
Software licensing records

Other party records:

‍Personnel, customer or private body records which are held by another party, as opposed to the records held by Aerobotics itself.
Records held by Aerobotics pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers
Aerobotics may possess records pertaining to other parties, including without limitation contractors, subsidiary/holding/sister companies and service providers. Alternatively, such other parties may possess records that can be said to belong to Aerobotics.

Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst other, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to normal requirements, before Aerobotics will consider access.

‍9. Information available without a request to access in terms of the Act

‍9.1. Records of a public nature, typically those disclosed on the Aerobotics website and in marketing materials, may be accessed without the need to submit a formal application.

‍9.2. Other non-confidential records, such as statutory records maintained at the Companies and Intellectual Property Commission (“CIPC”), may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with the Information Officer.

‍10. Records of Aerobotics available in terms of any other legislation [Section 51(1)(d)]*

‍10.1. Where applicable to its operations, Aerobotics also retains records and documents in terms of the legislation below. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these Acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act, the below mentioned legislation and applicable internal policies and procedures, should such interested parties be entitled to such information only. A request to access must be done in accordance with the prescriptions of the Act.

‍10.1.1. Basic Conditions of Employment Act, No 75 of 1997;
10.1.2. Companies Act, No 71 of 2008;
10.1.3. Compensation for Occupational Injuries & Diseases Act, 130 of 1993;
10.1.4. Constitution of the Republic of South Africa 2008;
10.1.5. Consumer Protection Act 68 of 2009;
10.1.6. Copyright Act, No 98 of 1978;
10.1.7. Electronic Communications Act, No 36 of 2005;
10.1.8. Electronic Communications and Transactions Act, No 25 of 2002;
10.1.9. Employment Equity Act, No 55 of 1998;
10.1.10. Income Tax Act, No 58 of 1962;
10.1.11. Insolvency Act No. 24 of 1936;
10.1.12. Labour Relations Act, No 66 of 1995;
10.1.13. Occupational Health & Safety Act, No 85 of 1993;
10.1.14. Patents Act No. 57 of 1978;
10.1.15. Protection of Personal Information Act, No. 4 of 2013;
10.1.16. South African Reserve Bank Act 90 of 1989;
10.1.17. Trademarks Act No. 194 of 1993;
10.1.18. Unemployment Insurance Contributions Act 4 of 2002;
10.1.19. Unemployment Insurance Act No. 63 of 2001; and
10.1.20. Value Added Tax Act 89 of 1991.

‍* While Aerobotics has used its best endeavours to supply a complete list of applicable legislation, this list is not exhaustive. In the event that existing or new legislation allows a requester access on a basis other than as set out in the Act, this list shall be updated accordingly. If a requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.

‍10.2. It is further recorded that the accessibility of documents and records may be subject to the grounds of refusal set out in this PAIA Manual.

‍11. Information request procedure [Section 51(1)(e)]

‍11.1. Procedural requirements

‍11.1.1. The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
11.1.2. The requester must complete the prescribed form, and submit it as well as payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy Information Officer at the postal or physical address, electronic mail address as noted in clause 5 above.
11.1.3. The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:

‍11.1.3.1. the record/s requested; and
11.1.3.2. the identity of the requester.

‍11.1.4. The requester should indicate which form of access is required and specify a postal address or email address of the requester in the Republic of South Africa.
11.1.5. The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must clearly specify why the record is necessary to exercise or protect such a right (section 53(2)(d)).
11.1.6. Aerobotics will process the request within 30 (thirty) days, unless the requester has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods not be complied with.
11.1.7. The requester shall be advised whether access is granted or denied in writing. If, in addition, the requester requires the reasons for the decision in any other manner, the requester will be obliged to state which manner and the particulars required.
11.1.8. If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer (section 53(2)(f)).
11.1.9. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
11.1.10. The requester must pay the prescribed fee, before any further processing can take place.
11.1.11. All information as listed in clause 11 herein should be provided and failing which, the process will be delayed until the required information is provided. The prescribed time periods will not commence until the requester has furnished all the necessary and required information. The Information Officer shall serve a record, if possible, and grant only access to that portion requested and which is not prohibited from being disclosed.

‍12. Refusal of access to records

‍12.1. Aerobotics is entitled to refuse a request for information. The main grounds for Aerobotics to refuse a request for information relates to the:

‍12.1.1. mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63) or a juristic person, as included in the Protection of Personal Information Act 4 of 2013, which would involve the unreasonable disclosure of personal information of that natural or juristic person;
12.1.2. mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of the Protection of Personal Information Act 4 of 2013;
12.1.3. mandatory protection of the commercial information of a third party (section 64) if the record contains:
12.1.4. trade secrets of the third party;
12.1.5. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
12.1.6. information disclosed in confidence by a third party to Aerobotics, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
12.1.7. mandatory protection of confidential information of third parties (section 65) if it is protected in terms of any agreement;
12.1.8. Mandatory protection of the safety of individuals and the protection of property (section 66);
12.1.9. Mandatory protection of records which would be regarded as privileged in legal proceedings (section 67);
‍12.1.10. The commercial activities (section 68) of Aerobotics, which may include:

‍12.1.10.1. trade secrets of Aerobotics;
12.1.10.2. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Aerobotics;
12.1.10.3. information which, if disclosed could put Aerobotics at a disadvantage in negotiations or commercial competition;
12.1.10.4. software, artificially intelligent models, algorithms, methods and programs which are owned by Aerobotics and are protected by intellectual property rights; and
12.1.10.5. research and development information (section 69) of Aerobotics or a third party, if its disclosure would disclose the identity of Aerobotics, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

‍12.2. Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources will be refused.

‍12.3. Requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.

‍12.4. If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of the Act. If the record should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.

‍13. Remedies available when Aerobotics refuses access to records

‍13.1. Internal remedies

‍Aerobotics does not have internal appeal procedures. The decision made by the Information Officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the Information Officer.

‍13.2. External remedies

‍13.2.1. A requester that is dissatisfied with the Information Officer's refusal to disclose information, may within 30 (thirty) days of notification of the decision, may apply to a Court for relief.
13.2.2. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status and a Magistrate's Court designated by the Minister of Justice and Constitutional Development and which is presided over by a designated Magistrate.

‍14. Access to records held by Aerobotics

‍14.1. Prerequisites for access by personal/other requester

‍14.1.1. Records held by Aerobotics may be accessed by requesters only once the prerequisite requirements for access have been met.
14.1.2. A requester is any person making a request for access to a record of Aerobotics. There are two types of requesters:

‍14.1.3. Personal requester

‍14.1.3.1. A personal requester is a requester who is seeking access to a record containing personal information about the requester.
14.1.3.2. Aerobotics will voluntarily provide the requested information, or give access to any record with regard to the requester's personal information. The prescribed fee for reproduction of the information requested will be charged.

‍14.1.4. Other requester

‍14.1.4.1. This requester (other than a personal requester) is entitled to request access to information on third parties.
14.1.4.2. In considering such a request, Aerobotics will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all reasonable steps to inform a third party to whom the requested record relates of the request, informing him/her that he/she may make a written or oral representation to the Information Officer why the request should be refused or, where required, give written consent for the disclosure of the Information.
‍14.1.3. Aerobotics is not obliged to voluntarily grant access to such records. The requester must fulfil the prerequisite requirements, in accordance with the requirements of the Act and as stipulated in Chapter 5; Part 3, including the payment of a request and access fee.

‍15. Prescribed fees

‍15.1. The Act provides for two types of fees, namely:

‍15.1.1. A request fee, which is a form of administration fee to be paid by all requesters, except personal requesters, before the request is considered and is not refundable; and
15.1.2. An access fee, which is paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by Aerobotics in obtaining and preparing a record for delivery to the requester.

‍15.2. When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee, before further processing of the request (section 54(1)).

‍15.3. If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

‍15.4. The Information Officer shall withhold a record until the requester has paid the fees as indicated below.

‍15.5. A requester whose request for access to a record has been granted, must pay an access fee that is calculated to include, where applicable, the request fee, the process fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.