Access to Information Manual
| BARLOWORLD LOGISTICS (PROPRIETARY) LIMITED (Registration number: 1995/005644/07) (“The Company”) MANUAL as prescribed by the provisions
of THE PROMOTION OF ACCESS TO INFORMATION ACT Act 2 of 2000 (“The Act”)
1.
DEFINITIONS
1.1
Act means the Promotion of Access
to Information Act, Act 2 of 2000 (as amended);
1.2
Business Day means any day other than
a Saturday, Sunday or public holiday declared as such within
the
1.3
COIDA means the Compensation for
Occupational Injuries and Diseases Act, Act 130 of 1993 (as
amended);
1.4
Company means Barloworld Logistics
(Proprietary) Limited (registration number 1995/005644/07),
a company duly registered and incorporated with limited liability
in accordance with the company laws of the Republic of South
Africa and having its principal place of business situated at
Barloworld Corporate Office, 180 Katherine Street, Sandton,
Gauteng, Republic of South Africa, and its subsidiaries;
1.5
Head of the
Company means the head of the company referred to in clause 5.1
;
1.6
HRC means the Human Rights Commission;
1.7
Manual means this Manual which is
published in accordance with the provisions of the Act;
1.8
Non-Business
Day
means any day other than a Business Day;
1.9
Notice of Refusal means the notice of refusal of access to the information requested by a
Requester from the Request Liaison Officer and which is addressed
by the Request Liaison Officer to the Requester;
1.10
Party means any third party requesting
information in terms of the provisions of the Act and in accordance
with this Manual as well as the Company;
1.11
Personal Requester means a Requester as defined in Section 54(1) of the Act;
1.12
Publication
Date
means the date of publication of this document on the Company’s
website;
1.13
Regulations mean the regulations published
in accordance with the provisions of the Act;
1.14
Request means a request for information
which accords with the provisions of this Act and has been submitted
in accordance with the provisions of this Manual;
1.15
Requester means any person who requests
information in accordance with the provisions of the Act and
this Manual;
1.16
Request Liaison
Officer means the Request Liaison Officer referred to in clause 5.3
;
1.17
RSC Levies means regional service levies;
1.18
Skills Development
Levies means skills development levies levied in accordance with the
Skills Development Act, Act 97 of 1998 (as amended) and the
Skills Development Levies Act, Act 9 of 1999 (as amended);
1.19
UIF Act means the Unemployment Insurance
Act, Act 63 of 2001 (as amended) and the Unemployment Insurance
Contributions Act, Act 4 of 2000 (as amended);
1.20
VAT means value-added tax levied
in accordance with the VAT Act; and
1.21
VAT Act means the Value-Added Tax
Act, Act 89 of 1991 (as amended).
2.
INTERPRETATION
2.1
Words importing natural persons shall include a reference
to bodies corporate and other legal personae and vice versa.
2.2
A reference to any one gender shall include a reference
to the other two genders.
2.3
A reference to the singular shall include a reference
to the plural and vice versa.
2.4
Annexures to this Manual shall be deemed to have been
incorporated herein and shall form an integral part hereof.
2.5
A reference to a Party shall include a reference to that
Party’s successors and assigns.
2.6
Any reference to an enactment is to that enactment as
at the Publication Date hereof and as amended or re-enacted
from time to time.
2.7
Where the day on or by which anything is to be done is
a Non-Business Day, it shall be done on or by the first Business
Day thereafter.
2.8
When any number of days is prescribed in this Manual,
same shall be reckoned exclusively of the first and inclusively
of the last day unless the last day falls on a Non-Business
Day, in which event the last day shall be the next succeeding
Business Day.
2.9
A reference to a document includes an amendment or supplement
to or a replacement or novation of that document.
2.10
The clause headings appearing in this Manual are for reference
purposes only and shall not affect the interpretation hereof.
2.11
If any provision in any definition set out in clause 1
or any other clause in this agreement is a substantive
provision conferring rights or imposing obligations on any Party,
notwithstanding that it may be set out only in clause 1
or such other clause, effect shall be given thereto
as if it were a substantive provision set out in the body of
this Manual.
2.12
Where figures are referred to in numerals and words, if
there is any conflict between the two, the words shall prevail.
2.13
Prior drafts of this Manual shall not be admissible in
any proceedings as evidence of any matter relating to any negotiations
preceding the Publication Date of this Manual.
2.14
This Manual shall be binding and enforceable by the estates,
heirs, executors, administrators, trustees, assigns or liquidators
of the Parties as fully and effectually as if they had been
party to this Manual in the first instance and reference to
any Party shall be deemed to include such Party’s executors,
administrators, trustees, assigns or liquidators, as the case
may be.
2.15
Where any term is defined within the context of any particular
clause in this Manual, the term so defined shall, unless it
appears clearly from the clause in question that such term has
limited application to the relevant clause, bear the meaning
ascribed to it for all purposes in terms of this Manual, notwithstanding
that such term has not been defined in clause 1
.
2.16
The rule of interpretation that a document will be interpreted
against the party responsible for the drafting and any similar
rules of interpretation shall not apply to this Manual.
2.17
The termination or expiry of this Manual shall not affect
those provisions of this Manual which expressly provide that
they will operate after such expiry or termination, or those
which of necessity must continue to have effect after such expiry
or termination, notwithstanding that the clauses themselves
do not expressly provide for this.
3.
AIM
3.1
To facilitate the requests for access to records of the
Company as provided for in the Act.
4.
DETAILS
4.1
Postal address: Benmore 2010
4.2
Physical address: Barloworld Corporate Office Sandton
4.3
Facsimile and
telephone numbers:
4.3.1
Telephone number: +27 11 445 1600
4.3.2
Facsimile number: +27 11 445 1113
4.4
Website address:
5.
CONTACT DETAILS
OF THE HEAD OF THE COMPANY AND THE REQUEST LIAISON OFFICER
5.1
The Head of the Company is the Chief Executive Officer,
5.2
The contact details of the Head of the Company: Telephone
number: +27 11 445 1600 Facsimile
number: +27 11 445 1113 Email
address: pstuiver@barloworld-logistics.com
5.3
The Request Liaison Officer is
5.4
Contact details of the Request Liaison Officer: Telephone
number: +27 11 445 1600 Facsimile
number: +27 11 445 1113 Email
address: mtarlton@barloworld-logistics.com
6.
HUMAN RIGHTS
COMMISSION GUIDE
6.1
The HRC has compiled a guide, as contemplated in section
10 of the Act, containing information to assist any person who
wishes to exercise any right as contemplated in the Act.
6.2
This guide is available from the HRC at:
6.2.1
Private Bag 2700, Houghton, 2041;
6.2.2
on the website at www.sahrc.org.za;
6.2.3
telephone number: +27 11 484 8300; and
6.2.4
facsimile number: +27 11 484 0582.
7.
RECORDS THAT
ARE AUTOMATICALLY AVAILABLE TO EITHER EMPLOYEES ONLY OR THE
GENERAL PUBLIC AND EMPLOYEES
7.1
The following records are automatically available to all
employees and need not be requested in accordance with the procedure
outlined in clause 10
:
7.1.1
personnel records are available to the employee to which
the particular personnel file relates;
7.1.2
records of disciplinary hearings and related matters are
available to the employee concerned; and
7.1.3
the Company’s policies and procedures.
7.2
The following records are automatically available to the
general public and all employees and need not be requested in
accordance with the procedure outlined in clause 10
:
7.2.1
the Company’s employment equity plan; and
7.2.2
the Company’s skill development plan.
7.3
The cost to access, reproduce, search for and/or prepare
any of the abovementioned records, unless otherwise agreed,
is:
7.4
The request fee payable by a Requester, other than a Personal
Requester, is R50.00 (fifty rand).
7.5
VAT will be added to all fees detailed in this Manual
and all other fees prescribed in terms of the Regulations.
8.
RECORDS HELD
BY THE COMPANY IN TERMS OF OTHER LEGISLATION AS CONTEMPLATED
IN SECTION 51(1)(d) OF THE ACT
8.1
The following records are not automatically available
without a request in terms of the Act:
8.1.1
all statutory returns:
8.1.1.1
in terms of the VAT Act;
8.1.1.2
COIDA;
8.1.1.3
UIF Act;
8.1.1.4
RSC Levies; and
8.1.1.5
Skills Development Levies.
9.
OTHER TYPES
OF RECORDS HELD BY THE COMPANY AS CONTEMPLATED IN SECTION 51(1)(c)
9.1
These records are identified in Annexure B hereto and
are not automatically available without a Request.
9.2
A Request in terms of this section is subject to section
63(1) of the Act which provides that the head of a private body
may refuse a request for access t a record of the Company if
the disclosure of the record would involve the unreasonably
disclosure of personal information about a third party, including
a deceased individual.
10.
PROCEDURE FOR
REQUESTING INFORMATION NOT AUTOMATICALLY AVAILABLE
10.1
A Request must be made on the prescribed form. A copy
of the form is attached hereto as Annexure C. The form is also
available from the website of the HRC or the website of the
Department of Justice and Constitutional Development at www.doj.gov.za.
10.2
The prescribed form should be submitted to the Request
Liaison Officer at his address, facsimile number or email address,
who will hand it to the Head of the Company or who will deal
with the Request himself.
10.3
The same procedure as set out in clauses 10.1
and 10.2
applies if the Requester is requesting information on
behalf of another person or on behalf of a permanent employee
of the Company.
10.4
The following fees should accompany the prescribed form:
10.4.1
R50.00;
10.4.2
if the Head of the Company or the Request Liaison Officer
is of the opinion that 6 (six) hours will be exceeded to search,
reproduce and/or prepare the information requested, a deposit
is payable to 1/3 (one-third) of an amount of R30.00 (thirty
rand) per hour or part thereof exceeding the 6 (six) hours.
10.5
The Head of the Company, as soon as is reasonably possible
and within 30 (thirty) days after the Request has been received,
shall decide whether or not to grant the Request.
10.6
The Requester will be notified of the decision of the
Head of the Company or the Request Liaison Officer, as the case
may be, in the manner indicated by the Requester.
10.7
If the Request is granted, the Requester will be informed
by the Head of the Company or the Request Liaision Officer,
as the case may be, in the manner indicated by the Requester
in the prescribed form.
10.8
Notwithstanding the aforegoing, the Company will advise
the Requester in the manner stipulated by the Requester in the
prescribed form of:
10.8.1
the access fee to be paid for the information, in accordance
with the provisions of clause 7.3
;
10.8.2
the format in which access will be given; and
10.8.3
the fact that the Requester may lodge an appeal with a
Court of competent jurisdiction against the access fee charged
or the format in which access has been granted.
10.9
After access is granted, actual access to the record requested
will be given as soon as is reasonably possible.
10.10
If the Request for access is denied, the Head of the Company
or the Request Liaison Officer, as the case may be, shall advise
the Requester in writing of such refusal in a Notice of Refusal.
The Notice of Refusal shall state:
10.10.1
adequate reasons for the refusal; and
10.10.2
that the Requester may lodge an appeal with a Court of
competent jurisdiction against the refusal of the Request (including
the period) for lodging such an appeal.
10.11
Upon refusal by the Head of the Company or the Request
Liaision Officer, as the case may be, the deposit paid by the
Requester will be refunded. 10.12 If the Head of the Company or the Request Liaision Officer fails to respond within 30 (thirty) days after a request has been received, it is deemed, in accordance with the pro |