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”)
1.1. 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.
2.1. 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
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: Amber Freeman
Physical address: 16 Napier Street, De Waterkant, Cape Town, 7700
Telephone number: 087 654 2954
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
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.
- 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 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
- Accounting records
- Annual financial statements
- Asset registers
- Banking records
- Financial related correspondence
- Debtor and creditor records
- Invoices and statements
- Tax records and returns
- Financial policies and procedures
- Management accounts
- Loan agreements
- 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
- 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
- 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:
22.214.171.124. the record/s requested; and
126.96.36.199. 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:
188.8.131.52. trade secrets of Aerobotics;
184.108.40.206. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Aerobotics;
220.127.116.11. information which, if disclosed could put Aerobotics at a disadvantage in negotiations or commercial competition;
18.104.22.168. software, artificially intelligent models, algorithms, methods and programs which are owned by Aerobotics and are protected by intellectual property rights; and
22.214.171.124. 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
126.96.36.199. A personal requester is a requester who is seeking access to a record containing personal information about the requester.
188.8.131.52. 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
184.108.40.206. This requester (other than a personal requester) is entitled to request access to information on third parties.
220.127.116.11. 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.
14.1.5. 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.
15.6. If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
16. Reproduction fees
16.1. Where Aerobotics has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.
Reproduction of information fees and the fees to be charged:
Information in an A-4 size page photocopy or part thereof – R1.10
A printed copy of an A4-size page or part thereof – R0.75
A copy in computer-readable format, for example: flash drive – R70.00
A transcription of visual images, in an A4-size page or part thereof – R40.00
A copy of visual images – R60.00
A transcription of an audio record for an A4-size page or part thereof – R20.00
A copy of an audio record – R30.00
16.2. Request fees
Where a requester submits a request for access to information held by an institution on a person other than the requester himself/herself, a request fee in the amount of R50.00 is payable up-front before the institution will further process the request received.
16.3. Access fees
16.3.1. An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54(8).
16.3.2. The applicable access fees which will be payable are:
Access of information fees and the fees to be charged:
Information in an A-4 size page photocopy or part thereof – R1.10
A printed copy of an A4-size page or part thereof – R0.75
A copy in computer-readable format, for example:
Stiffy disc – R 7.50
Compact disc – R 70.00
A transcription of visual images, in an A4-size page or part thereof – R40.00
A copy of visual images – R 60.00
A transcription of an audio record for an A4-size page or part thereof – R 20.00
A copy of an audio record (per hour or part of an hour reasonably required for such search) – R 30.00
16.4.1. Where the institution receives a request for access to information held by a person other than the requester himself/herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.
16.4.2. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee.
16.5. Collection fees
16.5.1. The initial "request fee" of R50.00 should be deposited into the bank account below and a copy of the deposit slip, application form and other correspondence / documents, forwarded to the Information Officer via email.
16.5.2. The officer will collect the initial "request fee" of applications received directly by the Information Officer via email.
16.5.3. All fees must be deposited into the following bank account:
Bank: First National Bank
Account Holder: Aerobotics (Pty) Ltd.
Account Number: 62486367173
Branch Code: 204209
Branch Name: VINEYARD ROAD
Swift Code: FIRNZAJJ
16.6. All fees are subject to change as allowed for in the Act and as a consequence such escalations may not always be immediately available at the time of the request.
17.1. Time allowed to institution
17.1.1. Aerobotics will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
17.1.2. The 30 (thirty) day period within which Aerobotics has to decide whether to grant or refuse the request, may be extended for a further period of not more than (30) thirty days if the request is for a large number of information, or the request requires a search for information held at another office of Aerobotics and the information cannot reasonably be obtained within the original 30 (thirty) day period.
17.1.3. Aerobotics will notify the requester in writing should an extension be sought.
18. Availability and updating of PAIA manual
18.1. This PAIA Manual is made available in terms of Regulation Number R. 187 of 15 February 2002. Aerobotics will update this PAIA Manual at such intervals as may be deemed necessary.
18.2. This PAIA Manual of Aerobotics is available to view at its premises and on its website.