Pretorius Group of Companies Compliance

Access to Information

Purpose

The purpose of this Manual is to assist people wishing to access information in terms of the Promotion of Access to Information Act (PAIA) from the Pretorius Group of Companies (PGC), which include the following Companies:

Precision Opencast Mining Services (Pty) Ltd - Registration number 1997/000466/07
Eugene Pretorius & Associates (Pty) Ltd - Registration number 2004/015424/07
EDC Blasting (Pty) Ltd - Registration number 2009/007269/07
Precision Dewatering Services (Pty) Ltd - Registration number 2009/001630/07
Ilima Coal Company (Pty) Ltd - Registration number 2002/017821/07
Hlagisa Mining (Pty) Ltd - Registration number 2010/024358/07

Request for access to information

In the event that a person or entity requires access to information as contemplated in the Act, the requester must contact:

Mr. Mokgadi Edwin Makobela

In terms of section 25(2) states that:

If the request for access is granted, the notice in terms of subsection (1)(b) must state—

(a) the access fee (if any) to be paid upon access;

(b) the form in which access will be given; and

(c) that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of access 15 granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.

If the request for access is refused, the notice in terms of subsection (1 )(b) must—

(a) state adequate reasons for the refusal, including the provisions of this Act relied upon;

(b) exclude, from such reasons, any reference to the content of the record; and

(c) state that the requester may lodge an internal appeal or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.

Background of PGC

The PGC [Pretorius Group of Companies], as it stands known today, originated from a freelance mine survey company, established by Eugene Pretorius in 1982. Although the group started with provision of mine and technical services, the activities were diversified into opencast mining in 1988, with involvement in Trojan Opencast Mining, and later Atlantis Mining.

With the introduction of the MPRDA and associated mining and mineral legislation in the new millennium Precision Opencast Mining Services [Pty] Ltd was established in 2003, as a family concern [Eugene Snr, Eugene Jnr, Stephan and Tanya Museler and Lisa Desmond], with the associated group companies being established afterwards, in support of the PGC Group, with the aim of offering a total opencast mining service to new emerging South African mining concerns and ventures.

The growth and success of the group can only be attributed to its people, who are handpicked for their integrity, work ethic and their ability to adapt to, and contribute to, the changing face of South African business, and specifically the South African mining industry. The PGC team has progressed beyond a family concern, and now consists of experts in the different mining and management disciplines.

Organisation Details

Name: The Pretorius Group of Companies
Physical Address: 30-34 Liter street, Middelburg, Mpumalanga
Postal Address: PO Box 1146, Middelburg, Mpumalanga, 1050
Contact details:Tel: 013 246 1525 / Fax: 013 246 1357
Email: popi@pretoriusgroup.co.za
Website address: www.pretoriusgroup.co.za

Designated Information Officer:

Delegated Information Officer of PGC: Mokgadi Edwin Makobela

Contact number: 013 246 1525

Fax number: 013 246 1357

Email: popi@pretoriusgroup.co.za

Deputy Information Officers of PGC:

Wessel Victor
Hellen Stamatiou
Raymond Janse van Rensburg

Voluntary Disclosure

PGC has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to PGC and its services is freely available on its website. Certain other information relating to the company is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

Section 51(1) (c)

In terms of Section 52, a private body may, on a voluntary and periodic basis, submit to the Minister a description of categories of records which are automatically available without a person having to request access in terms of this Act. This includes records which are available:

for inspection
for purchase or copying from the private body; and
from the private body free of charge

Section 51(1) (d)

The manual must describe those records which a private body must make available in terms of any other legislation. It is recommended that on completing this portion of the manual, information officers should consult with their Secretarial and Legal Services for input and guidance. In the process, it is recommended that the following legislation be considered. This list is by no means exhaustive, and is intended to serve as a guide only.

Basic Conditions of Employment Act 75 of 1997
Closed Corporation Act 69 of 1984
Close Corporations amendment Act 25 of 2005
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Labour Relations Act 66 of 1995
Occupational Health and Safety Act 85 of 1993
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Trade Marks Act 194 of 1993
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Contributions Act 4 of 2002
Value Added Tax Act 89 of 1991

Section 51(1) (e)

This section of the manual must set out a description of the subjects on which your organisation holds record, and categories of records held on each subject. These include operational records of your organisation utilised in the day to day running and administration of its administration, such as (list all operational documents that are held by the organisation):

Accounting records
Information Technology
Intellectual Property
Personnel Records
Sales and Marketing
Statutory Company records
Client Databases
Internal Phone lists
Policies
Directives
Minutes of Meetings
Administrative information

Obtaining the manual

Requesting the manual

A person who wants access to the records must complete the necessary request form attached in Annexure A, and the completed form must be sent to the address or fax number as provided in this manual, and marked for the attention of the information officer(s).

The requester must indicate which form of access is required, and identify the right that is sought to be exercised or protected, and provide an explanation of which the requested record is required for the exercise or protection of that right. Proof of the capacity in which the requester is requesting the information must be to the satisfaction of the Information Officer(s) of PGC otherwise access will be denied.

Availability of the Manual

This manual is available for inspection by the general public upon request during office hours and there is no charge for viewing the manual at our offices (where is it available). Copies of the manual may be made available subject to the prescribed fees and can be emailed to the requester. A copy of this Manual is available on our website (www.pretoriusgroup.co.za) or by sending a request for a copy to the Information Officer by email. This Manual will be updated from time to time, as and when required.

Copies may also be requested from the South African Human Rights Commission website or the Department of Justice and Constitutional Development website at the addresses indicated below:

www.sahrc.org.za

www.doj.gov.za (under “regulations”)

HOW TO REQUEST ACCESS TO RECORDS

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect 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 a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of PGC.

The standard form that must be used for the making of requests is attached as annexure A. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to PGC will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by PGC does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT

The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission.

Any queries with regard to this manual should be directed to:

The South African Human Rights Commission; PAIA Unit

Research and Documentation Department

Private Bag 2700

Houghton

2041

Phone: 011 484 8300

Fax: 011 484 0582

Email: PAIA@sarhc.org.za

Website:www.sahrc.org.za

Fees

Access to the records held by the private body in question:

The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c): Not applicable

ii. Fees in respect of private bodies:

1. 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.

2. The fees for reproduction referred to in regulation 11(1) are as follows:

(a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part thereof held on a

computer or in electronic or machine readable form R0,75

(i) stiffy disc R7,50

(ii) compact disc R70,00

(d) (i) For a transcription of visual images, for an A4-size page or

part thereof R40,00

(ii) For a copy of visual images R60,00

(e) (i) For a transcription of an audio record, for an A4-size page

or part thereof R20,00

(ii) For a copy of an audio record R30,00

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:

(1) (a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part thereof

held on a computer or in electronic or machine readable form R0,75

(i) stiffy disc R7,50

(i) compact disc R70,00

(d) (i) For a transcription of visual images, for an A4-size

page or part thereof R40,00

(ii) For a copy of visual images R60,00

(e) (i) For a transcription of an audio record, for an A4-size

page or part thereof R20,00

(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.

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fees. Any other requester who is not a personal requester must pay the required fee:

10.3.1 A fee will be required by the head information officer, Mokgadi Edwin Makobela, before further processing of the request in terms of S54 of the Act.

10.3.2 A requester fee as per above should be paid, this amount will be refunded should the request for access be refused.

10.3.3 A portion of the access fee (not more than one third) may be required before the request is considered.

10.3.4 The requester may lodge an application with a court against the payment of the request fee in terms of S54(3)(b) of the Act.

10.3.5 The head may withhold a record until the requester has paid the applicable fees.

Records held by PGC

PGC maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

Internal Records

Company documents
Financial records
Operational records
Intellectual property
Marketing records
Internal correspondence
Service records
Statutory records
Internal policies and procedures

Personnel records

Personnel refers to any person who works for or provides services to or on behalf of PGC and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of PGC. This includes, without limitation, shareholders, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
Any personal records provided to PGC by their personnel;
Any records a third party has provided to PGC about any of their personnel;
Conditions of employment and other personnel-related contractual and quasi-legal records;
Internal evaluation records; and
Other internal records and correspondence.

Client records

Please be aware that PGC is very concerned about protecting the confidential information of its clients. Please motivate any request for client information very carefully, having regard to Sections 63 to 67 of the Act. Client information includes the following:

Any records a client has provided to PGC or a third party acting for or on behalf of PGC;
Contractual information;
Client needs assessments;
Personal records of clients;
Credit information and other research conducted in respect of clients;
Any records a third party has provided to PGC about clients;
Confidential, privileged, contractual and quasi-legal records of clients;
Client evaluation records;
Client profiling;
Performance research conducted on behalf of clients or about clients;
Any records a third party has provided to PGC either directly or indirectly; and
Records generated by or within PGC pertaining to clients, including transactional records.

Other Parties

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to PGC. The following records fall under this category:

Personnel, client or PGC records which are held by another party as opposed to being held by PGC; and
Records held by PGC pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors / suppliers or client.

Other Records

Further records are held including:-

Information relating to PGC’s own commercial activities; and
Research carried out on behalf of a client by PGC or commissioned from a third party for a client;
Research information belonging to PGC, whether carried out itself or commissioned from a third party.