PAIA Manual

SANO MODERN ANIMAL NUTRITION (PTY) LTD ( REG. 2012/045403/07)

PAIA MANUAL

(Produced in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 “the Act”)

 

1.Contact details

Head of private body:            Leon Lilje

Postal address:                      P O Box 801, Hilton, Kwa-Zulu Natal, 3240

Physical address:                   23 Bulman Road, Mkondeni, Pietermaritzburg, Kwa-Zulu Natal, 3201

Telephone number:               +27 33 346 2740

Telefax number:                    +27 86 551 3100     

Electronic mail address:        leon.lilje@sano.co.za

 

2.Guide

2.1The Act grants a requester access to records of a private body (hereinafter referred to as “the Company”), if the record is required for the exercise or protection of any rights.

2.2If a public body lodges a request for access to information with the Company, the public body must be acting in the public interest.

2.3Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided and gazetted by the Minister from time to time. The applicable forms and tariffs are specified in the Act.

2.4Requesters are referred to the Section 10 Guide to the Act which has been compiled by the SAHRC. The Section 10 Guide contains information that will be of assistance to requesters for purposes of exercising their Constitutional rights.

2.5The Section 10 Guide is available from the SAHRC at the details below:

 

South African Human Rights Commission

Private            BagX2700
Houghton
2041

Telephone:                +27 (11) 877-3600

Fax:                             +27 (11) 403-0625

Email:                         PAIA@sahrc.org.za

Website:                     www.sahrc.org.za

 

3.Section 52 (2) notice

The Company has not yet submitted to the Minister any descriptions of categories of records which are automatically available without having to request access in terms of the Act. The Minister has accordingly not published any such descriptions in terms of the provisions of section 52 (2) of the Act and all requests for access to information should accordingly be made in accordance with the procedure set out in paragraph 6 of this manual.

Save for marketing and publicity material, all records held by the Company are deemed to be confidential and any request for access to information will be balanced against, inter alia, the privacy rights of the company, the purpose sought to be achieved by the Requester, and the limitations to the right of access of information set out in section 36 of the Constitution and sections 5 and 62 of the Act.

 

4.Records available in terms of other legislation

 

Basic Conditions of Employment Act No 75 of 1997

 

SECTION

TO WHOM WHAT RECORD IS AVAILABLE

29

An employer must supply an employee, when the employee commences employment, with specified particulars (inter alia, the name and address of the employer, the name and address of the employee, the employee’s occupation, the place of work, the wages that employee will earn, the deductions that will be made, the rate for overtime work, any cash payments or payments in kind to which the employee is entitled, the leave to which the employee is entitled, the notice period for termination of employment) in writing.

78

Every employee has the right to inspect any record kept in terms of this Act that relates to his employment.

 

 

Employment Equity Act No 55 of 1998

 

SECTION

TO WHOM WHAT RECORD IS AVAILABLE

18

When a designated employer engages in consultation in terms of Chapter 3 of the Act, the employer must disclose to the consulting parties all relevant information that will allow the parties to consult effectively.

41

The Minister of Labour must keep a register of designated employers.

 

 

 

Labour Relations Act No 66 of 1995

 

SECTION

TO WHOM WHAT RECORD IS AVAILABLE

16

An employer must disclose to a Trade Union representative all relevant information that will allow the Trade Union representative to perform effectively the functions referred to in S14 (4).  Whenever an employer is consulting or bargaining with a representative Trade Union, the employer must disclose to the representative Trade Union all relevant information that will allow the representative Trade Union to engage effectively in consultation or collective bargaining.  The employer must notify the Trade Union representative or the representative Trade Union in writing if information disclosed in terms of sub-sections (2) or (3) is confidential.  Sub-section (5) excludes certain information from disclosure by the employer.

25

Sub-section (7) provides that the Registrar must provide a certified copy of, or extract from, any of the documents referred to in sub-section (6) to any person who has paid the prescribed fees.  Sub-section 6 refers to the auditor’s report.

83

Regular meetings between the workplace forum and the employer must be held, whereat the employer must present a report on its financial and employment situation, its performance since the last report and its anticipated performance in the short term and in the long term.

89

An employer must disclose to the workplace forum all relevant information that will allow the workplace forum to engage effectively in consultation and joint decision making.  Certain information is excluded from disclosure.

90

Any documented information that is required to be disclosed by the employer in terms of S89 must be made available on request to the members of the workplace forum for inspection.

189

The employer must disclose in writing to the other consulting party all relevant information, pertaining to dismissals based on operational requirements.

204

An employer must give a copy of a collective agreement, arbitration award or determination to an employee who has paid the prescribed fee and, free of charge, on request, to an employee who was a Trade Union representative or member of a Workplace Forum.

205

An employer must keep the records that the employer is required to keep in compliance with every applicable collective agreement, arbitration award or determination made in terms of the Wage Act.  The employer must submit these records in their original form or in a reproduced form and respond to a demand made at any reasonable time, to any agent of a Bargaining Council, Commissioner or any other person whose functions in terms of this Act include the resolution of disputes.  An employer must also keep records of the prescribed details of any strike, lock-out or protest action involving its employees and submit these records in the prescribed manner to the Registrar.

 

5.Records held

 

The following is a list of the documents held by the Company. 

 

CATEGORY

SUBJECT/DESCRIPTION

Incorporation Documents

Memorandum of Incorporation

Accounting

Accounts, invoices, reconciliations, credit/debit notes, journals, ledgers, balance sheets, income statements, trial balances, payment schedules, cheque runs, cash flow statements.

Publications

Updates prepared by various departments within the Company.

 

Human Resources

Contracts of employment; Documents relating to remuneration structuring; Job specifications; Format/procedures for advertising positions; Policy documents relating to General Conditions of Employment; Performance evaluations; Employment Equity Plan and reports; Workplace Skills Plan and reports; Personnel files; Loan Agreements; Documents relating to disciplinary and grievance procedures; All employment applications; Forms relating to new staff appointments; and confidentiality undertakings.

Salaries and benefits

Remuneration schedules; Various payroll reports; Workman’s Compensation documentation; Pension Fund documentation; Retirement Plan documentation; Group Life Scheme documentation; Medical Aid scheme documentation.

 

6.Section 51(1)(e) request procedure for access to record of the Company

To enable the Firm to process a request for access to information, kindly complete the prescribed form C, which is available on the website of the SAHRC at www.sahrc.org.za.

On the prescribed form C provide clear, sufficient and unambiguous details to enable the Firm to ascertain;

 

6.1The identity of the requester (If the requester is represented by an agent, sufficient proof showing authority to represent the requester and the identity of the agent);

6.2The record/s requested;

6.3The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right;

6.4The form of access required;

6.5If the requester wishes to be informed of the decision in any manner (in addition to a written decision) the manner and particulars thereof; and

6.6The postal address or fax number of the requester in the Republic.

6.7The request for access to information must be clearly identified as such and marked for the attention of the Information Officer.

6.8The applicable Prescribed fee as set out in the regulations to the Act must accompany the request for access to information.

6.9The duly completed prescribed Form C must be delivered to the Company. The contact details of the Company are provided in paragraph 1 of this manual.

6.10 Upon due lodgement of a request for access to information lodged with the Company, the Information Officer will consider the request and notify the requester of his decision, within the time periods stipulated in the Act, stating clearly whether the request is granted or refused and advising the requester of external remedies which the requester may pursue to dispute the Information Officer’s decision.

 

7.  FEE SCHEDULE IN TERMS OF SECTION 54

The following provisions will apply to all requests for access to information held by the Firm save for personal requests which will not be subject to a fee:

 

  1. A requestor must pay the prescribed fees (currently R50.00) before a request will be processed;

 

  1. Where the preparation of the record requested requires more than the prescribed hours (currently 6 hours), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

 

  1. A requestor may lodge an application with a competent court against the tender/payment of the request fee and/or deposit;

 

  1. The Company may withhold access to a record under its control until the requisite fees have been paid;

 

  1. If a request for access to information is granted, an access fee must be paid before such information is made available to the requester;

 

  1. The prescribed fees payable for the records of a private body which are granted access to, are set out in the schedule on the website of the SAHRC at www.sahrc.org.za