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MANUAL FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT No. 2 of 2000 of PRETORIA PORTLAND CEMENT LIMITED

 


INTRODUCTION


The Promotion of Access to Information Act, 2 of 2000 (“the Act”) was enacted on 3 February 2000, to give effect to the provisions of section 32 of the Constitution, which provides that any person has a right to gain access to information held by a public or private body, when that information is required for the exercise or protection of any rights, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request.  In terms of the Act, a private body includes any former or existing juristic person.

 

 

 

:: Part 2

PRETORIA PORTLAND CEMENT

PPC LTD ("PPC") is a public company listed on the JSE Limited (the Johannesburg Securities Exchange). This manual is relevant and has application for the major subsidiaries/portfolios/subgroups of companies in "PPC" as set out in the list below. In this manual, any reference to "PPC" includes any of the entities on below:

  • PPC Cement SA (Pty) Ltd
  • PPC South Africa Holdings (Pty) Ltd
  • PPC International Holdings (Pty) Ltd
  • PPC Group Services (Pty) Ltd
  • Property CATS (Pty) Ltd
  • PPC Aggregate Quarries (Pty) Ltd
  • Safika Cement holding (Pty)
  • PPC Lime Limited
  • PPC Ntsika Fund (Pty) Ltd
  • PPC Black Managers Trust Funding SPV (Pty) Ltd
  • Pronto Holdings (Pty) Ltd



 

:: Part 3

CONTACT DETAILS OF THE CHIEF EXECUTIVE OFFICER

Executive Chairman Mr Peter Nelson
   
Registered Address 148 Katherine Street
(Cnr Grayston Drive)
Sandton
2146
   
Postal Address P O Box 787416
Sandton
2146
   
Telephone Number +27 11 386-9000
Fax Number +27 11 386-9001

:: Part 4

CONTACT DETAILS OF THE INFORMATION OFFICERS

Information Officer Mr Jaco Snyman
jaco.snyman@ppc.co.za
   
Deputy Information Officer Paul Maré
paul.mare@ppc.co.za
   
Registered Address 148 Katherine Street
(Cnr Grayston Drive)
Sandton
2146
   
Postal Address P O Box 787416
Sandton
2146
   
Telephone Number +27 11 386-9000
Fax Number +27 11 386-9001
   
Website: www.ppc.co.za

:: Part 5

MANUAL

This manual is intended to promote a culture of transparency and accountability by giving effect to the right to information that is required for the exercise or protection of any right.  In order to promote effective governance of private bodies, it is necessary for individuals to be able to exercise their rights in terms of the Act in relation to public and private bodies. This manual will enable requestors to obtain the records which they are entitled to in a quick, easy and accessible manner. 
However, Section 9 of the Act recognises that the right to access to information is not an unlimited or absolute right and is subject to justifiable limitations:  

•    Aimed at the reasonable protection of privacy;
•    Relating to commercial confidentiality;
•    With regard to effective, efficient and good governance;
•    Which balances that right with any other rights, including such rights as contained in the Bill of Rights in the Constitution.

More information and a guide on the Act is available from:    

The South African Human Rights Commission (Head Office)
Braampark Forum 3
33 Hoofd Street
Braamfontein

Telephone (011) 877 3600
Website – www.sahrc.org.za
e-mail – info@sahrc.org.za

 

:: Part 6

 

ACCESS TO THE RECORDS HELD BY PPC LTD

Upon written notice and via use of the prescribed forms, interested parties can make application to access and view records, within reasonable company hours. 
Section 50(1) (a) A requester must be given access to any record of a private body if-
(a) that record is required for the exercise or protection of any rights;
Interested parties should contact any of the Information Officers in order to make an appointment to view records to which they may be entitled to have access.

Records are kept at:  

148 Katherine Street
(Cnr Grayston Drive)
Sandton
Johannesburg
2146

 

 

 

:: Part 7

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main grounds for PPC to refuse a request for information relates to the:  
7.1     Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
7.2     Mandatory protection of the commercial information of a third party, if the record contains
7.2.1     trade secrets of that third party;
7.2.2     financial, commercial, scientific or technical information which disclosure could likely cause harm  to the financial or commercial interests of that third party;
7.2.3     information disclosed in confidence by a third party to PPC, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
7.3     Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
7.4     Mandatory protection of the safety of individuals and the protection of property;
7.5     Mandatory protections of records which would be regarded as privileged in legal proceedings;
7.6     The commercial activities of PPC, which may include –
7.6.1     trade secrets of PPC;
7.6.2     financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of PPC;
7.6.3     information which, if disclosed could put PPC at a disadvantage in negotiations or commercial competition;
7.6.4     a computer program which is owned by PPC and which is protected by copyright.
 
7.7     The research information of PPC or a third party, if its disclosure would disclose the identity of the researcher or the subject matter of the research and would place PPC or the research at a disadvantage;

7.8         A mere desire or  want on the requester’s part to have access to the record is insufficient to discharge the onus the requester  bears of demonstrating a need to have the record.
 
Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources, shall be refused.

 

:: 8

RECORDS AVAILABLE ONLY ON REQUEST TO ACCESS IN TERMS OF THE ACT

This list below summarises the subjects/categories of records that PPC and all its subsidiaries hold. These records comprise of personnel records, customer-related records, private-body records, other-party records, own records, and include:
•    Financial records
•    Operational records
•    Databases
•    Information Technology records
•    Marketing records
•    Internal and external correspondence
•    Product records
•    Statutory records and related information
•    Administrative records of a wide range
•    Internal policies and procedures
•    Treasury-related records
•    Securities and equities
•    Records which are pertain to PPC’s own affairs
•    Records held by PPC pertaining to other parties provided by the other party
•    Personnel records
•    Customer-related records
•    Legal records
•    Insurance records
•    Contracts and agreements of a wide range
•    Share-based incentive scheme records
•    Pension and provident fund records
•    Taxation records
•    Environmental/Public safety records
•    Employment Equity information
•    Patents, trade mark, trade names and protected names records
•    Business licenses.

Note that the accessibility of the records may be subject to the grounds of refusal set out in this manual. Amongst others, records deemed confidential on the part of a third party and its staff, will necessitate permission from the third party or staff member concerned, in addition to the normal requirements, before PPC will consider providing access to such records.

 

:: 9

RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF THE ACT

Records of a public nature, typically, those disclosed on the PPC website and in its various annual reports, may be accessed without the need to submit a formal application.

Other non-confidential records, such as statutory records maintained at 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 any of the Information Officers.

 

:: 10

RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

Where applicable to its operations, PPC also retains records and documents for the prescribed timeframe in terms of the legislation listed below. Any records that are required to be made available in terms of these acts and the Listing Requirements as laid down by the JSE Limited, shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act and the below-mentioned legislation, should interested parties be entitled to access such information.
It is recorded that the accessibility of the documents listed herein may be subject to the grounds of refusal set out in this manual.
•    Attorneys Act 53 of 1979
•    Basic Conditions of Employment Act 75 of 1997
•    Broad-Based Black Economic Empowerment Act53 of 2003
•    Businesses Act 71 of 1991
•    Companies Act 71 of 2008 and Companies Regulations, 2011
•    Compensation for Occupational Injuries and Diseases Act 130 of 1993
•    Competition Act. 89 of 1998
•    Constitution of South Africa Act 108 of 1996
•    Consumer Protection Act 68 of 2008
•    Copyright Act 98 of 1978
•    Credit Agreements Act 75 of 1980
•    Customs and Excise Act 91 of 1964
•    Debt Collectors’ Act 114 of 1998
•    Designs Act  195 of 1993
•    Electronic Communications Act 36 of 2005
•    Employment Equity Act. 55 of 1998
•    Financial Advisory and Intermediary Services Act37 of 2002
•    Financial Intelligence Centre Act 38 of 2001
•    Financial Markets Act 19 of 2012
•    Identification Act 68 of 1997
•    Income Tax Act No. 58 of 1962
•    Insider Trading Act 135 of 1998
•    Insolvency Act No. 24 of 1936
•    Inspection of Financials Institutions Act 18 of 1998
•    Intellectual Property Laws Amendment Act 38 of 1997
•    Labour Relations Act No. 66 of 1995
•    Leases of Land Act 18 of 1969
•    Long Term Insurance Act 52 of 1998
•    Mine Health and Safety
•    MPRDA
•    National Credit Act 34 of 2005
•    NEMA
•    National Road Traffic Act 93 of 1996
•    Occupational Health and Safety Act 85 of 1993
•    Pension Funds Act 24 of 1956
•    Prescription Act No. 68 of 1969
•    Prevention of Organised Crime Act 121 of 1998
•    Road Transportation Act 74 of 1977
•    Short term Insurance Act 53 of 1998
•    Skills Development Levies Act 9 of 1999
•    Stock Exchanges Control Act 1 of 1985
•    Taxation Laws Amendment Act 7 of 2010
•    Trade Marks Act 194 of 1993
•    Securities Transfer Tax Act 25 of 2007
•    Unemployment Contributions Act. 63 of 2001
•    Unemployment Insurance Act 63 of 2001
•    Value-Added Tax Act 89 of 1991

 

:: 11

THE REQUEST PROCEDURES

 

Form of Request:

11.1   A requester must comply with all the procedural requirements contained in the Act and in this manual relating to the request for access to a record.

11.2   To request a document that does not fall within the ambit of the Act, the requester must direct the request to the Information Officer in writing, and request an appointment to view the documentation.

11.3   To request a document that does fall within the ambit of the Act, the requester must make use of the form enclosed herewith. This form must be completed and must be submitted to the Information Officer at the address stated above together with payment of a request fee (and a deposit, if applicable).

11.4   The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record requested.

11.5   The requester must amongst others sufficiently identify himself/herself and provide his/her contact details.

11.6   The requester must indicate which form of access is required, should the request be granted.

11.7   The requester must identify the right being exercised or protected, and provide an explanation as to why the requested record is necessary to exercise or protect that right.

11.8   PPC will process the request within 30 days, unless the requestor has given special reasons, which satisfy the Information Officer that circumstances dictate a shorter turn-around time.  However, the 30-day period may be extended for a further period of not more than thirty days if the request is for a voluminous number of records, or the request requires a search for information held at another office of PPC (typically historic records stored off-site) and the information cannot readily be obtained within the original 30-day period. PPC will notify the requester in writing should an extension be sought.

11.9   The requester shall be informed in writing whether access has been granted or denied.

11.10  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 and, where applicable, a consent form/letter of authority must accompany the request.

11.10.1    If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the Information Officer.

11.10.2    Records held by PPC may be accessed only once all the prerequisite requirements for access have been met.

 

MANUAL FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT No. 2 of 2000 of PRETORIA PORTLAND CEMENT  LIMITED

Legal

 

Sidebarafricaicon2 (2) As the leading supplier of cement and related products in Southern Africa, PPC Ltd has nine manufacturing facilities and three milling depots in South Africa, Botswana and Zimbabwe that can produce around eight million tons of cement products each year. As part of its strategy and long-term plan to grow revenue by 40% outside of South Africa, PPC is expanding its operational footprint into the rest of Africa, including Botswana, DRC, Ethiopia, Mozambique, Rwanda and Zimbabwe. PPC also produces aggregates metallurgical-grade lime, burnt dolomite and limestone.

 

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