Legal

South African Promotion to Access to Information Act

In terms of South African law regulation 9 (1) of the promotion to access to information act a copy of Maelgwyn Mineral Services Africa’s section 51 submission is detailed below

MAELGWYN MINERAL SERVICES AFRICA (PTY) LTD

SECTION 51 MANUAL

PROMOTION OF ACCESS TO INFORMATION ACT

CONTENTS

A. Introduction

B. Particulars in terms of section 51 of the Promotion of Access to Information Act

  1. Contact details
  2. The section 10 Guide on how to use the Act
  3. Records available in terms of any other legislation
  4. Access to the records held by the private body in question
    i. Information readily available, if applicable
    ii. Records that may be requested
    iii. The request procedures
  5. Other information as may be prescribed
  6. Fees
  7. Grounds for refusal
  8. Records that cannot be found or do not exist
  9. Third party information
  10. Availability of the manual

A. INTRODUCTION

Main Business

Maelgwyn Mineral Services Africa (Pty) Ltd (MMSA) has the exclusive licence for sub-Saharan Africa to market, manufacture, sell and use the mineral and environmental processing technology owned and developed by its parent company, Maelgwyn Mineral Services Limited (MMS) of the United Kingdom. Based on the MMS technology, MMSA has developed a number of innovative processes that offer unique competitive advantages for a range of applications for use within the mining and minerals industry.

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

1. Contact details

Head of the body: MAELGWYN MINERAL SERVICES AFRICA (PTY) LTD

Postal address:
P O BOX 2437
HONEYDEW
2040

Street Address: 1331 STAAL STREET
CNR SPOKESHAVE & STAAL STREETS
STORMILL EXT 2
ROODEPOORT
1709

Telephone number: 011 474 0705
Fax number: 011 474 5580
Email address: mmsa@maelgwynafrica.com

2. The section 10 Guide on how to use the Act

The Human Rights Commission has compiled a guide, in terms of Section 10 of the Act, containing information which may reasonably be required by a person who wishes to exercise any right contemplated in the Act. The Guide will, according to the South African Human Rights Commission (SAHRC), be available for inspection on the website of the South African Human Rights Commission at www.sahrc.ord.za or at the offices of the SAHRC. Please direct any queries to:

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

Tel: 011 877 3600

PAIA Unit:
The Research and Documentation Department,
29 Princess of Wales Terrace
Cnr York and St Andrews Street, Parktown
Johannesburg

Postal address:
Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

3. Records available in terms of any other legislation

Labour Relations Act 66 of 1995
Employment Equity Act 55 of 1998
Basic Conditions of Employment Act 75 of 1997
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Companies Act 61 of 1973
Unemployment Insurance Act 63 of 2001
Value Added Tax 89 of 1991
Income Tax Act 58 of 1962
Skills Development Act of 1999
Occupational Health and Safety Act 29 of 1996
The Hazardous Substances Act 15 of 1973

4. Access to the records held by MAELGWYN MINERAL SERVICES AFRICA (PTY) LTD

i. Information readily available

CM1 Certificate of Incorporation
CM9 Change of name
CM46 Certificate to commence business
CM2 Memorandum and Articles of Association
Minutes of Board and Directors meetings
Records relating to the appointment of Directors/Auditor/other officers
Share Register and Statutory registers
COR9 Notice of change of Directors
CM29 Register of Directors, Auditors and Officers
CM15 Allotment of Shares
CM27 Consent to act as Directors

ii. Records that may be requested:

GENERAL MANAGEMENT

General Corrspondence
Internal reports and communications
Policy documents
Strategy Documents
Financial Reports
Annual Financial Statements

ACCOUNTING DEPARTMENT

Accounting records
General correspondence
Management reports
Bank statements
Electronic Banking records
Assets register
Rental Agreements
Invoices
Audit reports and supporting work papers

iii. Income Tax records

PAYE records

  • Documents issued to employees for income tax purposes
  • Records of payments made to SARS on behalf of employees
  • All other statutory compliances
  • VAT
  • Regional Services Council Levies
  • Skills Development Levies
  • UIF
  • Workmen’s Compensation (OID)

iv. Personnel Documents and records

  • Employment Contracts
  • Employment Equity Policy
  • Training records
  • Payroll records
  • Attendance records
  • Disciplinary records
  • Leave records

5. THE REQUEST PROCESS

Form of request:

  • The requester must use the prescribed form C to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electrinic mail address of the body concerned.
  • The requester must provide sufficient detail on the request form to enable the head of the private body to identify the rceord and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
  • Request for information will be evaluated and the applicant will be notified within 30 days after receipt of the request in the prescribed format of the following:
    • Notification of extention period (if required)
    • Access fee and/or deposit
    • Decision on request – whether or not the application has been granted or denied

6 Fees:

A requester who seeks access to a record containing personal information about the requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the requested fee:

  • The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the precsribed fee (if any) before processing the request.
  • The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee.
  • After the head of the private body has made a decision on the request, the requester must be notified in the required form.
  • If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

7. Grounds for refusal;

The Company may legitimately refuse to grant access to a requested record that falls within a certain category. These may include:

  • Protecting personal information that the Company holds about a third person (who is a natural person) including a deceased person from unreasonable disclosure;
  • Protecting commercial information that the Company holds about a third party or the Company (e.g. Trade secrets, financial, commercial, scietific or technical information that may harm the commercial or financial interests of the Company or the third party);
  • If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
  • If disclosure of the record would endanger the life or physical sfety of an individual;
  • If disclusire of the record would prejudice or ipair the protection of a person in accordance with a witness protection scheme;
  • If disclosure of the record would prejudice or impair the protection of the safety of the public;
  • The record is privileged from production in legal proceedings unless the legal privilegehas been waived;
  • Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information ) would harm the commercial or financial interests of the Company;
  • Disclosure of the record would put the Company at a disadvantage in contractual ot other negotiations or prejudice it in commercial competition;
  • The record is a computer programme;
  • The record contains information about research being carried out or about to be carried out on behalf of a third party of the Company.

8. Records that cannot be found or do not exist

If the Company has searched for a record and it is believed that the record either does not exist or can not be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

9. Third party information

If access is requested to a record that contains information about a third party, the Company is obliged to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.

In the event of the third party furnishing reasons for the support or denial of access, our designated contact person will consider these reasons in dtermining whether access should be granted or not.

10. The manual is also available for inspection during office hours at the offices of MAELGWYN MINERAL SERVICES AFRICA (PTY) free of charge. Copies are available from the SAHRC.