Manual in terms of section 51 of the promotion of access to information act, 2 of 2000 for Clover Industries Limited (company registration number 2003/030429/06) (“cil”) and its following subsidiaries:
- CLOVER BEVERAGES LIMITED;
- CLOVER BOTSWANA (PROPRIETARY) LIMITED;
- CLOVER CAPITAL (PROPRIETARY) LIMITED;
- CLOVER MANHATTAN PROPRIETARY LIMITED;
- CLOVER DAIRIES (NAMIBIA) PROPRIETARY LIMITED;
- CLOVER S.A. PROPRIETARY LIMITED;
- CLOVER SWAZILAND PROPRIETARY LIMITED;
- CLOVER WEST AFRICA LIMITED;
- LACTOLAB PROPRIETARY LIMITED; AND
- SALPEN SERVICES PROPRIETARY LIMITED.
Updated December 2011
The Promotion of Access to Information Act, 2 of 2000 (hereinafter referred to as “the Act”) gives effect to Section 37(1)(a)&(b) of the Constitution of the Republic of South Africa, Act 108 of 1996 (hereinafter referred to as “the Constitution”), which provides for the right of access to information held by public and private bodies when such information is requested for the exercise or protection of any rights.
The Act, inter alia, sets out the requisite procedural and their requirements in relation to a request for information, the requirements to be met, in addition to grounds for refusal of the request.
The Act recognises that the right to any information may be limited to the extent that such limitations as set out in Section 9(b) of the Act are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in Section 36 of the Constitution.
The purpose of this manual is to inform requesters of the procedural and other requirements which a request for information must meet as prescribed by the Act.
PART I: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(A) OF THE ACT:
Name of Private Body:
Head of Private Body
Clover Industries Limited
Clover Park, 200 Constantia Drive, Constantia Kloof, Roodepoort, 1709
PO Box 6161, Weltevreden Park, 1715
Mr JH Vorster
(011) 473 1700
(011) 471 1504
J van Heerden: Manger – Legal Services
(011 471 1400)
(011) 471 1504
PART II: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(B) – (DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10 OF THE ACT):
- A guide on how to use the Act as contemplated in Section 10 (“the guide”) has been compiled by the South African Human Rights Commission (hereinafter referred to as “the SAHRC”). It contains information which would be reasonably required by any person wishing to exercise any right set out in the Act. The guide is available in all of the official languages.
Updated December 2011
- The guide is available for inspection at the offices of the SAHRC at:29 Princess of Wales Terrace
Cnr York and St Andrews Streets
Tel number: (011) 484-8300
Private Bag 2700
Facsimile Number: (011) 484-1360
PART III: NOTICE IN TERMS OF SECTION 51(1)(C):
- As at date hereof, no notice(s) has/have been published on the categories of record automatically available without a person having to request access thereto in terms of the Act.
- The following records are however automatically available to any person requesting these documentation and it is therefore not necessary to apply for access thereto in terms of the Act or this Manual:4.1 All records of CIL lodged in terms of regulatory/legislative requirements with various statutory and/or regulatory bodies, which by virtue of such lodgement becomes public knowledge;4.2 Annual Financial Reports of CIL;4.3 Product Brochures;4.4 All SENS communications and announcements; and4.5 All other information freely available on the Clover website at www.clover.co.za.
PART IV: RECORDS AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION IN TERMS OF SECTION 51(1)(D):
- All records (if any) are available in terms of the following legislation:5.1 Basic Conditions of Employment Act, 75 of 1997;5.2 Companies’ Act, 61 of 1973;5.3 Companies’ Act, 71 of 2008;5.4 Compensation for Occupational Injuries and Disease Act, 130 of 1993;5.5 Competition Act No. 114 of 1998;5.6 Customs and Excise Act, 55 of 1998;5.7 Electronic Communications Act, No. 36 of 2005;5.8 Electronic Communications and Transactions Act, 25 of 2002;
5.9 Employment Equity Act, 55 of 1998
5.10 Johannesburg Stock Exchange Listing Requirements;
5.11 Labour Relations Act, 66 of 1995;
5.12 Pension Fund Act, 24 of 1956;
5.13 Promotion Access to Information Act, 121 of 1998;
5.14 Regulation of Interception of Communication and Provision of Communications Act, 2 of 2000;
5.15 Skills Development Act, 9 of 1999;
5.16 Trademarks Act, 194 of 1993;
5.17 Unemployment Insurance Act, 63 of 2001; and
5.18 Value Added Tax Act, 89 of 1991.
PART V: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(E):
- Corporate Records
6.1 All trust deeds;
6.2 Documents of Incorporation;
6.3 Index of names of members of CIL;
6.4 Memorandum of Incorporation;
6.5 Minutes of meeting of the Board of Directors;
6.6 Minutes of meetings of Shareholders;
6.7 Proxy forms (in respect of members of CIL);
6.8 Register of debenture-holders;
6.9 Register of directors’ shareholdings;
6.10 Records relating to the appointment of:
6.10.4 Public Officer; and
6.10.5 Any Prescribed Officer.
6.11 Research and development;
6.12 Share Register and other statutory registers and/or records and/or documents;
6.13 Share certificates; and
6.14 Special resolutions/Resolutions passed at General and Class meetings.
- Financial Records:
7.1 Accounting Records;
7.2 Annual Financial Reports;
7.3 Asset Registers;
7.4 Banking details and bank accounts;
7.5 Debtors / Creditors statements and invoices;
7.6 General ledgers and subsidiary ledgers;
7.7 General reconciliation;
7.9 Policies and procedures;
7.10 Rental Agreements; and
7.11 Tax Returns.
- Income Tax Records:
8.1 Pay-as-you-earn (PAYE) Records;
8.2 Documents issued to employees for income tax purposes; and
8.3 Records of payments made to South African Revenue Services on behalf of Employees.
- All or any statutory compliances
9.1 Value Added Tax;
9.2 Skills Development Levies;
9.3 Unemployment Insurance Fund; and
9.4 Workman’s Compensation.
- Personnel Documents and Records
10.1 Accident books and records;
10.2 Address Lists;
10.3 Disciplinary Code and Records;
10.4 Employee benefits arrangements rules and records;
10.5 Employment Contracts;
10.6 Employment Equity Plan (If applicable);
10.7 Forms and Applications;
10.8 Leave Records;
10.9 Grievance Procedures;
10.10 Leave Records;
10.11 Medical Aid Records;
10.12 Pension Fund Records;
10.13 Payroll reports/ Wage register;
10.14 Safety, Health and Environmental records;
10.15 Salary Records;
10.16 Standard letters and notices
10.17 Training Records;
10.18 Training Manuals; and
10.19 Workplace and Union agreements and records.
11.1 Standard Terms and Conditions for supply of services and products;
11.2 Contractor, client and supplier agreements;
11.3 Lists of suppliers, products, services and distribution; and
11.4 Policies and Procedures.
- Legal and Compliance
12.1 Agreements / General Contracts; and
12.2 Litigation claims/ Court documents and records.
- Information security / Information technology
13.1 Computer / mobile device usage policy documentation;
13.2 Disaster recovery plans;
13.3 Hardware asset registers;
13.4 Information security policies/standards/procedures;
13.5 Information usage policy documentation;
13.6 Project, disaster recovery and implementation plans;
13.7 Software licensing; and
13.8 System documentation and manuals.
- Risk Management and Audit
14.1 Audit reports;
14.2 Risk management frameworks; and
14.3 Risk management plans.
- Occupational Health and Safety
15.1 A comprehensive and updated list of all the contractors on sites accountable to the principal contractor, the agreements between the parties and the type of work being done;
15.2 Personal injury records; and
15.3 Policies and procedures.
- Third Party records
16.1 Records held by CIL pertaining to third parties, including, but not limited to financial records, correspondence, contractual records, records provided by the other party, and records the third parties have provided about any contractors and / or suppliers;
16.2 Records held by CIL pertaining to contractors, subsidiary companies, joint venture companies, special purpose vehicle companies and service providers.
In such cases where information requested by the requester may impact on a third party, the Authorised Person is obliged to comply with the relevant requirements as set out in terms of the Act (especially Sections 71 to 73 of the Act.)
PART V: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(E):
- The requester must comply in full with all the procedural requirements as set out in the Act and this Manual, relating to the request for access to a record. Failure to do so will result in the request being refused.
- The requester must complete the prescribed form enclosed herewith as Appendix 1, and submit same together with payment of the request fee (if applicable) and a deposit (if applicable) to the Authorised Person at the postal or physical address, facsimile number or electronic mail address under PART I above.
- The prescribed form must be completed with enough particularity so as to at least enable the Authorised Person to identify:
19.1 The records requested;
19.2 The identity of the requester;
19.3 Which form of access to the records is required, should the request be granted; and
19.4 The postal address or facsimile number of the requester.
- The requester must identify the nature of the right for which purposes access to the records is required. If the right is not clearly defined, the Authorised Person may refuse access to the record requested.
- The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner. If so, he/she/it must state the manner with full particularity.
- If the request is made on behalf of another person, then in such event, the requester must submit proof of the capacity in terms of which the requester is making the request to the reasonable satisfaction of the Authorised Person.
- Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit the request orally to the Authorised Person.
- The requester must pay the prescribed fee (if applicable) before any further processing can take place. The prescribed fee for requests to private bodies is available on the website of the SAHRC under the link www.sahrc.org.za
- CIL will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.
- The 30 day period may be extended with a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of CIL, or the records are not located at the building of CIL, or consultations amongst divisions within CIL or another private body or third party are required.
- Should the request be granted, the written notice must state the access fee (if any) to be paid upon access, the form in which access will be given and that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.
- Should the request be refused, the notice must state adequate reasons for the refusal, including the provisions of the Act relied upon, and state that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the period) for lodging the application.
- Grounds for refusal of access to records (chapter 4 of the act):Apart from Section 7 of the Act, and subject to Section 70 of the Act, the main grounds for CIL to refuse a request for information as contemplated by the Act relates to:
29.1 Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
29.2 Protection of commercial information of a third party as defined by the Act, if the record contains:
29.2.1 trade secrets of that third party;
29.2.2 financial, commercial, scientific or technical information other than trade secrets of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party;
29.2.3 information disclosed in confidence to CIL by a third party, the disclosure of which could put that third party at a disadvantage in a contractual or other negotiations or would prejudice that third party in commercial competition.
29.3 Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement;
29.4 Protection of safety of individuals and protection of property;
29.5 Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (Section 67);
29.6 Protection of commercial activities of CIL, which may include:
29.6.1 trade secrets of CIL;
29.6.2 financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests of CIL;
29.6.3 information which, if disclosed, could put CIL at a disadvantage in negotiations or commercial competition;
29.6.4 a computer programme owned by CIL, and whish is protected by copyright; and
29.6.5 the research information of CIL or a third party on behalf of CIL if the disclosure would expose the third party, CIL, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
Remedies available in refusal of a request for information (part 4 of the act):
- CIL does not have internal appeal procedures and as such, the decision made by the Authorised Person is therefore final.
- Therefore, should the requester be dissatisfied with the Authorised Person’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief
- Should a third party be dissatisfied with the Authorised Person’s decision to grant a request for information relating to that third party, it (the third party) may within 30 days of notification of such decision, apply to a Court for the appropriate relief.
Updated December 2011
Appendix 1 Form C – Request for Access to Record of Private Body – Download PDF (PDF 21KB).