Access to Information Manual
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 Republic of South Africa;
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:
PO Box 652753
Benmore
2010
4.2 Physical address:
Barloworld Corporate Office
180 Katherine Street
Sandton
Gauteng
Republic of South Africa
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:
www.barloworld-logistics.com
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, Paul Stuiver.
5.2 The contact details of the Head of the Company:
Paul Stuiver
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 Mark Tarlton.
5.4 Contact details of the Request Liaison Officer:
Mark Tarlton
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:
7.3.1 for every A4-size photocopy
R1.10
7.3.2 for every printed A4-size page
R0.75
7.3.3 for a copy on a stiffy disc
R7.50
7.3.4 for a copy on a compact disc
R70.00
7.3.5 for a transcript of visual images
R40.00
7.3.6 for a copy of visual images
R60.00
7.3.7 for a transcript of an audio record
R20.00
7.3.8 for a copy of an audio record
R30.00
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 provisions of Section 58 read with Section 56(1) of the Act, that the Head of the Company or the Request Liaision Officer, as the case may be, has refused the Request.
10.13 The Head of the Company may decide to extend the period of 30 (thirty) days (“the Original Period”) for a further period of no more than 30 (thirty) days (“the Extension Period”) if:
10.13.1 the request is for a large number of records; or
10.13.2 the search for the records is to be conducted at premises not situated in the same town or city as the head office of the Company; or
10.13.3 consultation amongst divisions or departments, as the case may be, of the Company is required; or
10.13.4 the Requester consents to such extension in writing; or
10.13.5 the Parties agree in any other manner to such extension.
10.14 Should the Company require an extension of time, the Requester shall be informed in the manner stipulated in the prescribed form of the reasons for such extension.
10.15 The Requester may lodge an appeal with a Court of competent jurisdiction against any extension or against any procedure set out in this clause.
11. INFORMATION OR RECORDS NOT FOUND
11.1 Section 71 of the Act makes provision for a Request for information or records about a third party.
11.2 In considering such a Request, the Company will adhere to the provisions of Section 71 to 74 of the Act.
11.3 The attention of the Requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms whereof the Company is obliged, in certain circumstances, to advise third parties of Requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the Head of the Company or the Request Liaison Officer, as the case may be, by referring matters to any Court of competent jurisdiction.
12. UPDATING OF THE MANUAL
The Company will update this Manual every 6 (six) months or at such intervals as may be necessary.
ANNEXURE A
Barloworld Logistics (Pty) Ltd
1995/005644/07
Barloworld Logistics Africa (Pty) Ltd
1905/000694/07
Old Priory Investments (Pty) Ltd
2005/009746/07
ZA Trans Logistics (Pty) Ltd
1996/007918/07
TRT Shipping Services (Pty) Ltd
1980/011194/07
TRT Shipping Services (Namibia) (Pty) Ltd
95/0016
Barloworld Logistics Namibia (Pty) Ltd
334 (registered in Namibia)
Barloworld Optimus Holdings (Pty) Ltd
1996/000333/07
Barloworld Optimus (Pty) Ltd
1996/009902/07
Execulink IMS (Pty) Ltd
1998/023406/07
Execulink Optimiza (Pty) Ltd
2000/005747/07
Execulink Retail Inventory Management (Pty) Ltd
1998/018150/07
Supply Chain Solutions (Pty) Ltd
1998/013239/07
Express Logistics (Pty) Ltd
1998/012059/07
Nu-World Logistics Management (Pty) Ltd
2001/025473/07
Team Barloworld Promotions (Pty) Ltd
2000/026002/07
Barloworld Logistics Middle East LLC
569350 (registered in the United Arab Emirates)
ANNEXURE B
1 Customer relations documentation;
2 Human resources documentation;
3 Operational documentation;
4 Financial documentation;
5 Sales and marketing documentation;
6 Intellectual property documentation including inter alia documentation relating to software and software licenses;
7 Company secretarial documentation;
8 Risk management and risk control documentation;
9 Corporate sustainability documentation;
10 Governance documentation;
11 Legal documentation; and
12 Client information and documentation.
ANNEXURE C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000))
[Regulation 10]
A. Particulars of private body
The Request Liaision Officer
Mark Tarlton
Barloworld Corporate Office
180 Katherine Street
Sandton
Gauteng
Republic of South Africa
PO Box 652753, Benmore, 2010
Facsimile: +27 11 445 1113
Email: mtarlton@barloworld-logistics.com
B. Particulars of person requesting access to the record
a) The particulars of the person who requests access to the record must be given below.
b) The address and/or fax number in the Republic to which the information is to be sent must be given.
c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname: ...........................................................................................................
Identity number: .......................................................................................................................
Postal address:..........................................................................................................................
Fax number: ..............................................................................................................................
Telephone number:....................................................................................................................
E-mail address:.........................................................................................................................
Capacity in which request is made, when made on behalf of another person:...............................
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname: ...........................................................................................................
Identity number: .......................................................................................................................
D. Particulars of record
a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record:
2. Reference number, if available:
3. Any further particulars of record
E. Fees
a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
b) You will be notified of the amount required to be paid as the request fee.
c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
3
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability: Form in which record is required:
Mark the appropriate box with an X.
NOTES:
a) Compliance with your request in the specified form may depend on the form in which the record is available.
b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
4
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.):
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
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The
requester must sign all the additional folios.
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
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
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