Promotion of Access to Information Act Manual

A copy of the manual will be available for inspection at Portion 25 of farm 387, Vlottenburg, Stellenbosch

Stellenbosch Hills (Co-operative) Limited
25 August 2005
345/9

A copy of the manual will be available for inspection at Portion 25 of farm 387, Vlottenburg, Stellenbosch , at our website, www.stellenbosch-hills.co.za as well as the South African Human Rights Commission.

Table of contents
1. Introduction
2. Company overview and structure
3. Scope of the Manual
4. Administration of the Act
5. Form of records
6. Subjects and corresponding categories of records we hold
7. Records that can be accessed without a formal request
8. Procedure to follow when submitting a formal request of access to a record
9. Fees
10. Request for access to information about third parties

1. Introduction
The Promotion of Access to Information Act of 2000 came into effect in March 2001. The purpose of this Act is to give effect to the constitutional right of access to any information held by public or private bodies, and which is required for the exercise or protection of any rights.

The Human Rights Commission is responsible for compiling a guide that provides details on how to use the Act. This guide is currently not available from the Human Rights Commission. Please direct any further queries in this regard to:

The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal Address:
Private Bag 2700
Houghton
2041
Phone: (011) 484 8300
Fax: (011) 484 0582
e-mail: PAIA@sahrc.org.za
Website: www.sahrc.org.za

In terms of Section 51(1) of the Promotion of Access to Information Act, all heads of private bodies are required to compile a manual that provides information regarding the subjects and categories of records held by such private bodies. This manual is intended to fulfill this requirement.

Accordingly, this manual provides a reference to the records we hold and the process that needs to be adopted to access such records. All requests for access to information (other than information that is available to the public) should be addressed to the contact person as identified in section 4 of this manual, as he is our designated Information Officer.

2. Company overview and structure
The Co-operative’s business is that of the producing and marketing of wine of its members.

3. Scope of the Manual
The manual is only applicable to Stellenbosch Hills (Co-operative) Limited.

4. Administration of the Act
PG Slabbert is responsible for ensuring that the requirements of the Act are administered in a fair, objective and unbiased manner.

Accordingly, all requests for access to records should be addressed to:

Contact person: PG Slabbert
Postal address: PO Box 40, Vlottenburg, 7604
Physical address: Portion 25 of farm 387, Vlottenburg, Stellenbosch
Phone number: (021) 881 3828
Fax number: (021) 881 3357
e-mail address: info@stellenbosch-hills.co.za

5. Form of records
Our records can be found in various forms including:
· Electronic and
· Paper.
In terms of the Promotion of Access to Information Act, access must be granted irrespective of form or medium.

6. Subjects and corresponding categories of records we hold
To facilitate the easy identification of the records we hold, we have categorised our records per subject area. The table below provides an indication of the subjects of information that we hold and the corresponding categories:

Subjects
Finance

Audited financial statements
Tax records (company and employee)
Asset Register
General Correspondence
Budgets
Information relating to Financial Transactions
Purchase and order Information
Banking Records
Contracts

Sales and Marketing
Product Brochures
General Correspondence
Product Sales Records
Customer Information

Human Resources
Employee Records
Employment Contracts
Personnel guidelines policies and procedures
General Correspondence
Training Records
Employment Equity Records
Pension Records
Employee Benefit Records
Labour Relations Records
Statutory Records

Production and quality control
Information relating to raw materials
Product quality test results
Production statistics
Information relating to health and safety regulations
Information relating to work-in-progress
Information relating to output
Information relating to material and finished product stock levels
Production efficiency and quality statistics
Information relating to production runs

Logistics
Information relating to freight agents
Shipping information (e.g. weigh-bills)
Information relating to stock levels
Information relating to delivery schedules and plans
Stock replenishment information

7. Records that can be accessed without a formal request
Certain information is available on our website without a formal request. This information relates to the company, its history, and products produced and sold by Stellenbosch Hills (Co-operative) Limited. This information can be accessed by logging onto the Stellenbosch Hills (Co-operative) Limited website. Additionally, Stellenbosch Hills (Co-operative) Limited produces product brochures and price lists that are available at the organisation’s premises.

In terms of the following Acts, we are required to ensure that certain categories of records are available for access as prescribed by each Act:

• Atmospheric Pollution Prevention Act No. 45 of 1965;
• Basic Conditions of Employment No. 75 of 1997
• Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
• Constitution of the Republic of South Africa No.3 of 1994
• Co-operative Act No. 91 of 1981
• Customs and Excise Amendment Act, 45 of 1995
• Currency and Exchanges Act No. 9 of 1933
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 58 of 1962
• Labour Relations Act No. 66 of 1995
• Occupational Health & Safety Act No. 85 of 1993
• Regional Services Councils Act No. 109 of 1985
• Skills Development Levies Act No. 9 of 1999
• South African Revenue Services Act, 34 of 1997
• Trade Marks Act No. 194 of 1993
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991
• Water Act 23 of 1988.

Please note that while we have made every effort to identify all pertinent legislation, we cannot guarantee that all legislation has been included. Should you be aware of any specific legislation that should be included and which has been omitted, please contact PG Slabbert on +27 (21) 881 3828. Your assistance in this regard will be most appreciated.

Notification of the availability of these records in terms of these Acts is periodically given to the Cabinet Minister of Justice.

8. Procedure to follow when submitting a formal request of access to a record
A request for access to a record that does not fall within the categories identified in Section 7 of this manual must be done formally either via conventional mail, e-mail or fax.

This request should be in the prescribed format as defined in Form C of Annexure B as identified in Government Notice Number 187, Regulation 6. A request form is also available from our offices. The prescribed request fee should be attached (refer to Section 9 of this manual for more details on the fees).

Our Information Officer will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted.

Please note that the successful completion and submission of an access request form does not automatically allow the requestor access to the requested record.

The request form must be completed CLEARLY and COMPLETELY in BLOCK LETTERS. If there is insufficient space on a printed form in which to answer a question, additional information may be provided on a separate page that is clearly marked and referenced.


If access to a record/information is granted, our response will include:

· An indication of the access fee that should be paid upon gaining access (if any);
· An indication of the form in which the access will be granted;
· A notice that you may lodge an application with the court against the access fee to be paid or the form of the access, including guidance on the procedure for lodging the application.

If access to a record/information is denied, our response will include:

· Adequate reasons for the refusal; and
· Notice that you may lodge an application with the court against the extension and the procedure including the period, for lodging the application. For details on the procedure, please refer to Chapter 2 of Part 4 of the Promotion of Access to Information Act.

Assuming your request of access is granted, you will be able to gain access to the requested records as soon as is reasonably possible and once the access fee has been paid.

Access will be granted to a record if the following criteria are fulfilled:

· The record is required for the exercise or protection of any right;
· The requestor complies with the procedural requirements in the Act relating to a request; and
· Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.

9. Fees
The applicable fees are prescribed in terms of the regulations that relate to the Promotion of Access to Information Act. There are two basic types of fees applicable in terms of the Promotion of Access to Information Act – “request” and “access” fees. The non-refundable request fee (currently R 57.00 inclusive of VAT) is payable on submission of the request for access to a record (unless the request is for personal records of the requestor in which event there is no applicable fee). The access fee is payable prior to gaining access to the records in the required form. The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice Number 187, Regulation 11.

10. Request for access to information about third parties
If you request access to a record that contains information about a third party, we are obliged to attempt to contact this third party to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.

In the event that the third party furnishes reasons for the support or denial of access, our designated Information Officer will consider these reasons in determining whether access should be granted. You may appeal against a refusal of access by our Information Officer. Please refer to Part 4 of the Promotion of Access to Information Act for further details on the Appeal Process.

Stellenbosch Hills Wines
+27.218813828