Legal
The following is the online version of the
Manual
required in terms of Section 51 of the
Promotion of Access to Information Act 2 Of 2000
In terms of the provisions of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (“the Act”), we are required to compile and publish a manual describing the subjects on which we hold records and the categories of records held on each subject, as well as sufficient information to facilitate a request for access to our records.
This manual has been compiled to comply with the statutory requirements of the Act but also in recognition of the spirit and objective of the Act of fostering a culture of transparency and accountability and promoting a society in which our people have effective access to information to enable them to more fully exercise and protect their rights.
Goldmann Engineering C.C. is a close corporation providing engineering, repair and consulting services in the food processing machinery industry. Goldmann Engineering C.C. also conducts research and development in the food processing machinery industry. This manual contains our corporate details, the categories of information held by Goldmann Engineering C.C., the categories of information which is freely available, and details of the procedure to be followed for a formal request for access to any information in our possession.
A copy of this manual is also available on our website at www.afrigol.com
Full Name | GOLDMANN ENGINEERING C.C. |
Registration Number | CK1986/003234/23 |
Registered Address | 74 Marine Drive
Paarden Eiland 7405 |
Postal Address | PO Box 541
Paarden Eiland 7420 |
Telephone Number | +27 (0)21 511 3755 |
Fax Number | +27 (0)21 511 3770 |
Head/CEO | Jürgen Jörg Goldmann |
Designated Information Officer | Jörg Goldmann |
Email Address of Information Officer | Info@afrigol.com |
Website | www.afrigol.com |
A guide on how to use the Act will be available from the South African Human Rights Commission by
August 2003. The Guide will include a description of:
- The objects of the Act;
- Postal and physical address of the information officer of every public body;
- Such particulars of every private body as are practicable;
- The manner and form of a request for access to records held by public and private bodies;
- The assistance available from the information officer of a public body and from the Human Rights Commission;
- All remedies available in law regarding an act or failure to act in respect of a right or duty conferred or imposed by the Act, including the manner of lodging appeals and Court applications;
- Details of fees to be paid in relation to requests for access to information; and
- The regulations made in terms of the Act.
Enquiries regarding the abovementioned Guide may be addressed to the South African Human Rights Commission at:
South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: +2711 484-8300
Fax: +2711 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
Categories of information
We hold the following categories of information:
1. Statutory Close Corporation Information
(i) The Founding Statement;
(ii) Any Amending Founding Statement;
(iii) Proof of registration;
(iv) Minute Books as well as Resolutions passed at meetings;
(v) Annual Financial Statements, including annual accounts and the report of the accounting officer;
(vi) Accounting records, including supporting schedules to accounting records and ancillary accounting records.
2. Accounting Records
(i) Books of Account including journals and ledgers;
(ii) Delivery notes, orders, invoices, statements, receipts, vouchers and bills of exchange.
3. Statutory Employee Records
(i) Employees’ names and occupations;
(ii) Time worked by each employee;
(iii) Remuneration paid to each employee.
(iv) Date of birth of each employee;
(v) Wages register;
(vi) Attendance register;
(vii) Salary and wages register;
(viii) Records of foreign employees;
(ix) Collective agreements;
(x) Arbitration awards;
(xi) Determinations made in terms of the Wage Act;
(xii) Records of strikes, lockouts or protest action.
(xiii) Industrial training records;
(xiv) Staff records (after date of employment ceases);
(xv) Expense accounts.
4. Other Employee Records
(i) Employee contracts;
(ii) Maternity leave policy;
(iii) Relocation policy;
(iv) Disability scheme;
(v) Group personal accident;
(vi) Micro loan scheme;
(vii) Workplace skills plan;
(viii) Code of conduct.
5. Pension and Retirement Funding Records
(i) Pension Fund Rules;
(ii) Pension Fund account records;
(iii) Minutes of Meetings of trustees and members;
(iv) Contribution Reports.
6. Environmental, Health and Safety
(i) Occupational health and safety records;
(ii) Safety management systems, data and audits;
(iii) Permits, licences, approvals and registrations for operations of sites and business;
7. Fixed Property
(i) Title Deeds;
(ii) Leases;
(iii) Building plans;
(iv) Mortgage Bonds or other encumbrances to fixed property.
8. Movable Property
(i) Asset register;
(ii) Finance and Lease Agreements;
(iii) Deeds of Pledge.
9. Intellectual Property
(i) Agreements relating to intellectual property such as licence agreements, secrecy agreements, research and development agreements, consulting agreements, use agreements, joint venture agreements and joint development agreements.
10. Agreements and Contracts
(i) Material agreements concerning provision of services or materials;
(ii) Joint venture agreements, partnership agreements, participation, franchise, co-marketing, co‑promotion or other alliance agreements;
(iii) Agreements with officers;
(iv) Agreements between the members;
(v) Acquisition or disposal documentation;
(vi) Agreements with contractors and suppliers;
(vii) Agreements with franchisees and business partners;
(viii) Agreements with customers;
(ix) Warranty agreements;
(x) Sale agreements;
(xi) Distributor, dealer or agency agreements;
(xii) Restraint agreements;
(xiii) Purchase or lease agreements.
11. Taxation
(i) Copies of all Income Tax Returns and other tax returns and documents;
12. Legal
(i) Complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, arbitration or investigation;
(ii) Settlement agreements;
(iii) Material licences, permits and authorisations;
13. Insurance
(i) Insurance policies;
(ii) Claim records;
(iii) Details of insurance coverages, limits and insurers.
14. Information Technology
(i) Hardware;
(ii) Operating Systems;
(iii) Telephone Exchange Equipment;
(iv) Telephone Lines, Leased Lines and Data Lines;
(v) LAN Installations;
(vi) Software Packages;
(vii) Disaster Recovery;
(viii) Internal Systems Support and Programming / Development;
(ix) Capacity and Utilization of Current Systems;
(x) Agreements;
(xi) Licenses.
15. Sales and Marketing
(i) Products;
(ii) Markets;
(iii) Customers;
(iv) Brochures, Newsletters and Advertising Materials;
(v) Sales;
(vi) Domestic and Export Orders.
16. Other Records
(i) Clients Records.
Request Forms and Fee Structure for Requests for Access to Information
Any request for access to information held by the company must be lodged in accordance with the prescribed request form and applicable request fee structure. Request forms are available from:
• our information officer (whose contact details are in section 1 of this manual);
• the South African Human Rights Commission website – www.sahrc.org.za; or
• the Department of Justice and Constitutional Development website – www.doj.gov.za
There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of the fees are contained in the request form.
You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges.
It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether your request has been approved.
Where applicable to our operations, information is also available in terms of certain provisions of the following statutes:
• Atmospheric Pollution Prevention Act No. 45 of 1965
• Banks Act No. 94 of 1990
• Basic Conditions of Employment Act No. 75 of 1997
• Companies Act No. 61 of 1973
• Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
• Competition Act No. 89 of 1998
• Credit Agreements Act No. 75 of 1980
• Custody and Administration of Securities Act No. 85 of 1992
• Customs and Excise Act No 91 of 1964
• Debt Collectors Act No. 114 of 1998
• Employment Equity Act No. 55 of 1998
• Financial Intelligence Centre Act No. 38 of 2001
• Income Tax Act No. 58 of 1962
• Income Tax Act No. 95 of 1967
• Labour Relations Act No. 66 of 1995
• Legal Deposit Act No. 54 of 1997
• Long-term Insurance Act No. 52 of 1998
• National Environmental Management Act No. 107 of 1998
• National Road Traffic Act No. 93 of 1996
• National Water Act No. 36 of 1998
• Occupational Health and Safety Act No. 85 of 1993
• Road Transportation Act No. 74 of 1977
• Short-term Insurance Act No. 53 of 1998
• Transfer Duty Act No. 40 of 1949
• Unemployment Insurance Act No. 63 of 2001
• Unit Trusts Control Act No. 54 of 1981
Where applicable to our operations, we also retain records and documents in terms of the following statutes:
• Basic Conditions of Employment Act No. 75 of 1997
• Close Corporations Act No. 69 of 1984
• Companies Act No. 61 of 1973
• Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
• Currency and Exchanges Act No. 9 of 1933
• Customs and Excise Act No. 91 of 1964
• Employment Equity Act No. 55 of 1998
• Immigration Act No. 13 of 2002
• Income Tax Act No. 58 of 1962
• Income Tax Act No. 95 of 1967
• Insolvency Act No. 24 of 1936
• Labour Relations Act No. 66 of 1995
• Machinery and Occupational Safety Act No. 6 of 1983
• National Water Act No. 36 of 1998
• Occupational Health and Safety Act No. 85 of 1993
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Stamp Duties Act No. 77 of 1968
• Transfer Duty Act No. 40 of 1949
• Unemployment Insurance Act No. 4 of 2002
• Value-added Tax Act No. 89 of 1991
The following categories of records are automatically available for inspection, purchase or photocopying without having to lodge a request in terms of the Act. Request forms for these categories of information are also available from our information officer, whose contact details appear in section A of this manual.
1. Public Reports.
2. Other literature intended for public viewing.
FORM CREQUEST FOR ACCESS TO RECORD OF PRIVATE BODY(Section 53 (1) of the Promotion of Access to Information Act, 2000 [Regulation 10] |
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A. Particulars of private body | |
The Head:……………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. |
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B. Particulars of person requesting access to the record
Full names and surname:……………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………….. Identity number:…………………………………………………………………………………………………………………………….. Postal address:……………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. Telephone number:…………………………………………….Fax number:……………………………………………………… E-mail address:……………………………………………………. Capacity in which request is made, when made on behalf of another person…………………………………. …………………………………………………………………………………………………………………………………………………….. |
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C. Particulars of person on whose behalf request is made
Full names and surname:……………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………….. Identity number:…………………………………………………………………………………………………………………………….. |
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D. Particulars of record
1. Description of record or relevant part of the record:………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. 2. Reference number, if available:………………………………………………………………………………………………… 3. Any further particulars of record:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. |
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E. Fees
Reason for exemption from payment of fees:………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. |
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F. Form of access to record
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Disability:…………………………………………………………………..
…………………………………………………………………………………. …………………………………………………………………………………. |
Form in which record is required:…………………………
…………………………………………………………………………………. …………………………………………………………………………………. |
Mark the appropriate box with an X.
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1. If the record is in written or printed form: | |||||||||
copy of record* | inspection of record | ||||||||
2. If record consists of visual images
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): |
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view the images | copy of the images* | transcription of the images* | |||||||
3. If record consists of recorded words or information which can be reproduced in sound: | |||||||||
listen to the soundtrack (audio cassette) | transcription of soundtrack* (written or printed document) | ||||||||
4. If record is held on computer or in an electronic or machine-readable form: | |||||||||
printed copy of record* | printed copy of information derived from the record* | copy in computer readable form* (stiffy or compact disc) | |||||||
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable. |
YES | NO | |||||||
G. Particulars of right to be exercised or protected
1. Indicate which right is to be exercised or protected:………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. 2. Explain why the record requested is required for the exercise or protection of the aforementioned right:…………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. |
H. Notice of decision regarding request for access
How would you prefer to be informed of the decision regarding your request for access to the record? …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. Signed at………………….. this…………………. day of………………………………… 20…………. ………………………………………………………………………….. |
SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE |
AN EXPLANATORY NOTE ON FEES TO BE CHARGED BY A PRIVATE BODY WHEN GRANTING A REQUEST FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000.
The fees chargeable by private bodies are contained in Part III of Annexure “A” of the Regulations. A copy of Part III is attached for your convenience. The present charges are as follows:
- Copies of a manual
Should an individual require a copy of the private body’s manual, a fee of R1,10 is chargeable for every photocopy of an A4 page or part thereof.
- Reproduction fees[1]
Reproduction fees apply to obtaining copies or transcriptions of information which is automatically available from the private body. The fees are listed in paragraph 2 of Part III of Annexure “A” to the Regulations.
- Access fees[2]
Access fees are chargeable for copies or transcriptions of information requested under this Act. The fees are listed in paragraph 4 of Part III of Annexure “A” to the Regulations.
- Other fees
4.1 A request fee[3] of R50,00 is payable by a requester who is seeking access to a record containing information which is not personal to the requester. See paragraph 6 of Part 1 of this Work.
4.2 A search fee[4] may be charged at a rate of R30,00 per hour or part thereof for searching and preparing the record for disclosure provided such time was reasonably required for that purpose.
4.3 If the request is not limited to records containing information which is personal to the requester and if the head of the private body is of the opinion that the time taken to give effect to the request will exceed six hours the requester can be called upon to pay a deposit of not more than one third of an estimate of the access fee which will become payable.[5]
4.4 If a copy of a record is posted to a requester, the requester is obliged to pay the actual postage payable.
PART III
FEES IN RESPECT OF PRIVATE BODIES
- The fee for a copy of the manual as contemplated in regulation 9 (2) (c) is R1,10 for every photocopy of an A4-size page or part thereof.
- The fees for reproduction referred to in regulation 11 (1) are as follows:
R | |||
(a) | For every photocopy of an A4-size page or part thereof…… | 1,10 | |
(b) | For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form….. | 0,75 | |
(c) | For a copy in a computer-readable form on— | ||
(i) stiffy disc……. | 7,50 | ||
(ii) compact disc……. | 70,00 | ||
(d) | (i) For a transcription of visual images, for an A4-size page or part thereof…… | 40,00 | |
(ii) For a copy of visual images….. | 60,00 | ||
(e) | (i) For a transcription of an audio record, for an A4-size page or part thereof….. | 20,00 | |
(ii) For a copy of an audio record….. | 30,00 | ||
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11 (2) is R50,00. | |||
4. The access fees payable by a requester referred to in regulation 11 (3) are as follows: | |||
R | |||
(1) | (a) | For every photocopy of an A4-size page or part thereof….. | 1,10 |
(b) | For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form….. | 0,75 | |
(c) | For a copy in a computer-readable form on— | ||
(i) stiffy disc….. | 7,50 | ||
(ii) compact disc…. | 70,00 | ||
(d) | (i) For a transcription of visual images, for an A4-size page or part thereof…. | 40,00 | |
(ii) For a copy of visual images…. | 60,00 | ||
(e) | (i) For a transcription of an audio record, for an A4-size page or part thereof…. | 20,00 | |
(ii) For a copy of an audio record…. | 30,00 | ||
(f) | To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation. | ||
(2) | For purposes of section 54 (2) of the Act, the following applies: | ||
(a) | Six hours as the hours to be exceeded before a deposit is payable; and | ||
(b) | one third of the access fee is payable as a deposit by the requester. | ||
(3) | The actual postage is payable when a copy of a record must be posted to a requester. |
[1] Section 52(3) and Regulation 1(1).
[2] Section 54(7) and Regulation 11(3).
[3] Section 54(1) and Regulation 11(2).