ROLFES HOLDINGS LIMITED

ACCESS TO INFORMATION MANUAL

A GUIDE TO ACCESSING OUR INFORMATION

OUR MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000

 

Contents

Page

PREAMBLE AND INTRODUCTION

2

 

COMPANY DETAILS

3

 

LIST OF SUBSIDIARY COMPANIES COVERED BY THE

3

 

INFORMATION MANUAL

 

 

THE OFFICIAL GUIDE

3

 

INFORMATION / RECORDS AVAILABLE IN TERMS OF LEGISLATION

4

 

INFORMATION AVAILABLE IN TERMS OF THE ACT

5

 

ACCESS REQUEST PROCEDURE

6

- 9

ACCESS REQUEST FORM

9

- 11

PREAMBLE

The aim of this manual is to assist potential requesters as to the procedure when requesting access to information or documents from Rolfes Holdings Limited (“the Company”) and its South African registered subsidiary companies as contemplated in the Promotion of Access to Information Act 2 of 2000 (“the Act”).

Any requester is advised to contact the Company Secretary should he require any assistance in respect of the utilisation of this manual and/or the requesting of information from the Company.

INTRODUCTION TO ROLFES HOLDINGS LIMITED

Rolfes Holdings Limited is part of a Group that is strategically positioned in various markets and industries as a provider of industrial, agricultural, water and mining chemicals.

The Group manufactures and distributes a wide range of market-leading, high quality chemical products to diverse industries including the coatings, plastics, vinyl, leather tanning, ink, metallurgical, cleaning, formulators, automotive, general manufacturing, agricultural, food, construction, home care, personal care, water filtration, water treatment and water purification industries.

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Rolfes Holdings Limited – Access to Information Policy

 

COMPANY DETAILS

 

Name of Company:

Rolfes Holdings Limited

Registration Number:

2000/002715/06

Registered and Business

1st Floor, The Oval West, Wanderers Office Park,

Address:

52 Corlett Drive, Illovo, 2196

Postal Address:

PO Box 724 Melville 2109

Telephone:

011 268 6100

Website:

www.rolfesza.com

Directors:

As contained in the latest CoR39 available from the

 

company

Designated Information Officer:

Company Secretary: CorpStat Governance Services

 

Pty Ltd – Karen Waldeck

Contact Details:

This email address is being protected from spambots. You need JavaScript enabled to view it. or 011 326 0975

This manual has been prepared in respect of Rolfes Holdings Limited and the following South African registered subsidiary companies, which form part of the Rolfes Group. These subsidiary companies are covered by this information manual.

Company

Registration Number

Absolute Science Pty Ltd

2005/039964/07

Ag Chem Recycling Pty Ltd

2009/015016/07

Agchem Holdings Pty Ltd

1998/021776/07

Amazon Colours Pty Ltd

2004/017267/07

Bragan Food Ingredients Pty Ltd

2010/010724/07

Bungor Trading Pty Ltd

2009/021877/07

Gallus Technologia Pty Ltd

2009/007119/07

Gallus Technologia Ventersdorp Pty Ltd

2009/017937/07

New Heights 390 Pty Ltd

2000/023987/07

PWM Professional Water Management (Cape) Pty Ltd

1999/012666/07

Rolfes Agri Pty Ltd

1998/13411/07

Rolfes Asset Holdings Pty Ltd

2000/002487/07

Rolfes Chemicals Pty Ltd

2004/007903/07

Rolfes Colour Pigments International Pty Ltd

1999/003720/07

Rolfes Europe Trading Pty Ltd

2001/029919/07

Rolfes Logistics Pty Ltd

1998/007811/07

Rolfes Silica Pty Ltd

1977/002739/07

Rolfes Water Pty Ltd

2005/024220/07

Tetralon Chemical Consultancy Pty Ltd

2002/017558/07

THE OFFICIAL GUIDE

1.1The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

1.2Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

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Rolfes Holdings Limited – Access to Information Policy

 

1.3Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

The contact details of the Commission are:

Postal Address:

South African Human Rights Commission,

 

Promotion of Access to Information Unit

 

Research and Documentation Department

 

Private Bag 2700 Houghton 2041

Telephone Number:

+27-11-877 3600

Fax Number:

+27-11-403 0625

Website:

www.sahrc.org.za

Email:

This email address is being protected from spambots. You need JavaScript enabled to view it.

INFORMATION AVAILABLE IN TERMS OF LEGISLATION

Where applicable to the Company’s operations, information is available in terms of certain provisions of the statutes listed below. We also retain records and documents in terms of the certain of the following legislation, where applicable:

 

ACT

REF

1.

Basic Conditions of Employment Act

75 of 1997

2.

Companies Act

71 of 2008

3.

Compensation for Occupational Injuries and Diseases

130 of 1993

 

Act

 

4.

Competition Act

89 of 1998

5.

Designs Act

195 f 1993

6.

Employment Equity Act

55 of 1998

7.

Hazardous Substances Act

15 of 1973

8.

Income Tax Act

58 of 1962

9.

Insolvency Act

24 of 1936

10.

Labour Relations Act

66 of 1995

11.

Mine Health and Safety Act

29 of 1996

12.

Mineral and Petroleum Resources Development Act

28 of 2002

13.

Mines and Works Act

27 of 1956

14.

National Environmental Management Act

107 of 1998

15.

National Road Traffic Act

93 of 1996

16.

National Water Act

36 of 1998

17.

Occupational Health and Safety Act

85 of 1993

18.

Road Transportation Act

74 of 1977

19.

Skills Development Act

97 of 1998

20.

Transfer Duty Act

40 of 1949

21.

Unemployment Insurance Act

63 of 2001

22.

Value-added Tax Act

89 of 1991

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Rolfes Holdings Limited – Access to Information Policy

 

INFORMATION AVAILABLE IN TERMS OF THE ACT

 

Records

Subject

Availability

Public Affairs

 

Public Product Information

 

 

 

Public Corporate Records

Freely available on web site

 

 

Media Releases

 

Financial

 

Financial Statements

 

Financial and Tax Records

 

 

(Company & Employees)

 

 

Asset Register

 

Interim and provisional reports

 

Directors’ Reports (as included in

 

 

the AFS)

 

 

Management Accounts

 

 

Group Accounting policies

 

 

General correspondence

 

 

Management reports

 

 

Foreign Exchange

 

Opinions on disclosure of financial

 

 

information

 

VAT, PAYE, UIF and tax records

Request in terms of the Act for all financial information

Marketing

 

Market Information

 

 

Public Customer Information:

 

 

-

Product Brochures

 

 

-

Owner Manuals

 

 

Performance Records

 

 

Product Sales Records

 

 

Marketing Strategies

Employee

 

Letters of Appointment

Records

 

Payroll Records

 

 

Leave Records

 

 

Correspondence with Employees

 

Standard terms and conditions of

 

 

employment

Limited information available on web site

or

Request in terms of the Act or

freely available in annual report

Company General correspondence Secretarial Company and share register records

Company policies

Certificate of incorporation

Memorandum of Incorporation

Documentation lodged with the Registrar of Companies

Prospectuses

Notices to members

Minutes of meetings of members

Request in terms of the Act or

freely available in annual report

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Rolfes Holdings Limited – Access to Information Policy

 

Resolutions of members, including special resolutions

Directors’ consent forms to act as directors

Register of directors and officers

Statutory Registers in respect of the subsidiary companies

Register of directors’ interests in contracts

Minutes of directors’ meetings

Directors’ resolutions

Packs for directors’ meetings

Attendance register of directors’ meetings

Minutes of board committee meetings

Attendance register of board committee meetings

Audit appointment letters

Correspondence with auditors

Audit management letters

Audit reports

JSE Correspondence

JSE applications for listing of shares

Circulars

Notices

Annual reports and other financial reports

SENS announcements

Quoted company records

Request in terms of the Act or

freely available in annual report

It is recorded that any and all aforesaid documents or information shall only be made available to a requester subject to the provisions of the Act.

ACCESS REQUEST PROCEDURE - Section 51(1)(e)

The purpose of this section is to provide requesters with sufficient guidelines and procedures to facilitate a request for access to records held by the Group.

It is important to note that an application for access to information can be refused in the event that the application does not comply with the procedural requirements of the Act. In addition, the successful completion and submission of an access request form does not automatically allow the requester access to the requested record.

Note:

If it is reasonably suspected that the requester has obtained access to the Group’s records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

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Rolfes Holdings Limited – Access to Information Policy

 

Completion of Access Request Form

In order for the Group to respond to requests in a timely manner, the Access Request Form should be completed, taking due cognisance of the following Instructions on Completion of Forms:

-The Access Request Form must be completed in the English Language.

-Type or print in BLOCK LETTERS an answer to every question.

-If a question does not apply, state “N/A” in response to that question.

-If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.

-If there is insufficient space on a printed form in which to answer a question, Additional information may be provided on an additional folio.

-When the use of an additional folio is required, precede each answer thereon.

-With the title applicable to that question.

Submission of Access Request Form

The completed Access Request Form must be submitted either via conventional mail or e- mail and must be addressed to the contact person as indicated in Section 51(1)(a).

An initial, non-refundable R50.00 request fee (excluding VAT) is payable on submission. This fee is not applicable to Personal Requesters, referring to any persons seeking access to records that contain their personal information.

Payment of Fees

Payment details can be obtained from the contact person as indicated in Section 51(1)(a) and payment can be made either via a direct deposit or by postal order (no credit card payments are accepted). Proof of payment must be supplied.

Note: If the request for access is successful, an access fee will be required for the search, reproduction and/or preparation of the record(s) and will be calculated based on the Prescribed Fees (refer attached). The access fee must be paid prior to access being given to the requested record.

Notification

Requests will be evaluated and the requester notified within 30 days of receipt of the completed Access Request Form. Notifications may include:

Notification of Extension Period (if required)

The requesters may be notified whether an extension period is required for the processing of their requests, including:

The required extension period, which will not exceed an additional 30-day period;

Adequate reasons for the extension; and

Notice that the requester may lodge an application with a court against the extension and the procedure, including the period, for lodging the application.

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Rolfes Holdings Limited – Access to Information Policy

 

Payment of Deposit (if applicable)

The requester may be notified whether a deposit is required. A deposit will be required depending on certain factors such as the volume and/or format of the information requested and the time required for search and preparation of the record(s). The notice will state:

The amount of the deposit payable (if applicable); and

That the requester may lodge an application with a court against the payment of the deposit and the procedure, including the period, for lodging the application.

Please note:

In the event that access is refused to the requested record, the full deposit will be refunded to the requester.

Decision on Request

If no extension period or deposit is required, the requesters will be notified, within 30 days, of the decision on their requests.

If the request for access to a record is successful, the requester will be notified of the following:

-The amount of the access fee payable upon gaining access to the record (if any);

-An indication of the form in which the access will be granted;

-Notice that the requester may lodge an application with a court against the payment of the access fee and the procedure, including the period, for lodging the application.

If the request for access to a record is not successful, the requester will be notified of the following:

-Adequate reasons for the refusal (refer to Third Party Information and Grounds for Refusal below); and

-That the requester may lodge an application with a court against the refusal of the request and the procedure, including the period, for lodging the application.

Third Party Information

If access is requested to a record that contains information about a third party, the Group is obliged to attempt 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 determining whether access should be granted, or not.

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Rolfes Holdings Limited – Access to Information Policy

 

Grounds for Refusal

The Group may legitimately refuse to grant access to a requested record that falls within a certain category. Grounds on which the Group may refuse access include:

-Disclosure of the record (containing trade secrets, financial, commercial, scientific, technical or any other confidential information) would harm the commercial or financial interests of the Group;

-The record is privileged from production in legal proceedings, unless the legal privilege has been waived;

-Protecting personal information that the Group holds about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;

-Protecting commercial information that the Group holds about a third party or the Group (for example trade secrets: financial, commercial, scientific or technical information that may harm the commercial or financial interests of the organisation 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 safety of an individual;

-If disclosure of the record would prejudice or impair the security of property or means of transport;

-If disclosure of the records would prejudice or impair 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;

-Disclosure of the record would put the Group at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;

-The record is a computer programme; and

-The record contains information about research being carried out or about to be carried out on behalf of a third party or the Group.

Records that cannot be found or do not exist

If the Group has searched for a record and it is believed that the record either does not exist or cannot 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.

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Rolfes Holdings Limited – Access to Information Policy

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      First floor, the Oval Building (West), Wanderers Office Park
      52 Corlette Drive, Illovo, South Africa.

      Mon – Fri: 8AM – 5PM

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