1 Right of Access to Information
1.1 Introduction
The Promotion of Access to Information Act (“PAIA” or “Act”), 2 of 2000 was assented to on the 2nd of February 2000 and came into effect on 9 March 2001. This Act gives effect to the constitutional right of access to any information held by the State and private bodies, and promoted the exercise or protection of any rights to information.

This Act applies to the exclusion of any provision of other legislation that-
a) prohibits or restricts the disclosure of a record of a public body or private body; and
b) is materially inconsistent with an object, or a specific provision, of this Act.

PAIA fosters a corporate culture of transparency and accountability, within the context of the protection of personal information. In this regard, the provisions of the Protection of Personal Information Act 4 of 2013) are also relevant whenever a request for information is received.

In terms of PAIA, if a person other than a government department or agency requests information from a private body, such information may only be provided if:
• the information is requested to protect a right;
• the person requesting the information complied with the procedural requirements of that private body relating to such requests for information; and
• there is no ground on which to refuse access to such information.

With the above provisions in mind, the Act requires private bodies to compile a PAIA manual to assist in the exercise of right to information.

1.2 The TMM PAIA manual
In terms of Section 51 of the Act, a private body must, within 6 months of coming into existence, compile a PAIA Manual, unless exempted by the Minister of Justice and Correctional Services.
This manual is published on the Company website at www.tugelamining.co.za or alternatively, a copy can be requested from the Information Officer (see contact details in section 1.4).

1.3 Who may Request Access to Information
In terms of section 1 of PAIA, a requester, in relation to a private body, means:
• any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that private body; or
• a person acting on behalf of the person contemplated in subparagraph (i).
The above means that, a requester may act on behalf of a person in making a request for a record.

In terms of section 53(2)(d) of the Act, a request for access must at least require the requester concerned to identify the right the requester 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.

In essence, PAIA provides that a requester will be entitled to access to a record if the record is required for the exercise or protection of a right.

Requests can be made:
• as a personal requester;
• an agent of a requester on behalf of someone else
• as a third party seeking information.

1.4 Contact Details of Information Officer
Company Secretary/ CEO: Fred Bibbey
Physical Address: Flamingo Building, Hazeldean Office Park, 687 Silverlakes Rd
Postal Address: PO Box 11496, Maroelana 0161
Tel: +27 (12) 809 1980
E-mail: paia@tugelamining.com

1.5 SAHRC Guidance to Requesters on how to Use the Act
The South African Human Rights Commission (“SAHRC”) published guidelines in terms of section 10 of the Act that will facilitate ease of use of the Act for requesters.

The guide to the Act can be obtained below:
Postal Address
South African Human Rights Commission Promotion of Access to Information Act Unit
Private Bag 2700
Houghton
Johannesburg
2041
Physical Address
Forum 3
Braampark Office Park
Braamfontein
Queries can be directed to
Telephone number: 27 (0) 11 877 3600
Fax number: (011) 484 7146/7
Website: www.sahrc.org.za
E-mail : PAIA@sahrc.org.za

2 Company Structure
2.1 Scope
This PAIA Manual has been prepared for Tugela Mining & Minerals (Pty) Ltd (‘TMM’) only. This manual is intended to ensure that TMM comply with the Act by fostering the culture of transparency and accountability and giving effect to the right to information.

2.2 Company Profile
TMM is a specialist and leader in the field of innovative mineral processing techniques. TMM produces mineral concentrates from various operations, which the Company manages in its entirety – from Safety, Health, Environmental and Quality (SHEQ), Human Resources and Legal Compliance to Maintenance and Production.
TMM’s business model is based on the BOOM principle: Building, Owning, Operating and Maintaining metallurgical plants and operations.
TMM’s Head Office is situated in Pretoria, Gauteng Province, South Africa, while each individual operational site is managed by a local management team. Workshop and test work facilities render support to TMM’s ongoing in-house projects in various Provinces.

3 Classes of Records
3.1 Records automatically available to the Public – Sec 51 (1) (c)
In general terms, the following records are automatically available at the office of TMM on payment of the prescribed fee for reproduction:

Public Affairs: CIPC documents

The following records are automatically available and accessible for inspection without a fee:
Marketing:
– Market Information (Freely available)

3.2 Records in accordance with other legislation – Sec 51 (1) (d)
Where applicable to its operation, records are kept in accordance with such other legislation as applicable to TMM, which includes, but is not limited to:

1. No 71 of 2008: Companies Act
2. No 55 of 1998: Employment Equity Act
3. No 58 of 1962: Income Tax Act
4. No 66 of 1995: Labour Relations Act
5. No 89 of 1991: Value Added Tax Act
6. No 75 of 1997: Basic Conditions of Employment Act
7. No 2 of 2000: Promotion of Access to Information Act
8. No 63 of 2001: Unemployment Insurance Act.

4 Access Procedure and Requests

4.1 Guidance on Completion of Prescribed Access Form
4.1.1 To facilitate the processing of your request, kindly:
4.1.2 Use the prescribed form as it appears under Annexure 1 of this PAIA manual.
4.1.3 Type or print in block letters.
4.1.4 If a question is not applicable, answer as “N/A”.
4.1.5 Proof of identity is required to identify the requester.
4.1.6 Provide sufficient details to enable an efficient processing of your request.
4.1.7 Provide sufficient records on the record requested.
4.1.8 Address the prescribed form to the contact details in section 1.4.
4.1.9 If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.

4.2 Submission of Prescribed Access Form
The completed Access Request Form and its annexures, if applicable, must be submitted via registered mail, email or fax and must be addressed to the Information Officer (details in section 1.4).

4.3 Payment of Prescribed Fees
*Prescribed fees as published under Annexure A: Part 3 of the Regulations Regarding the Promotion of Access to Information1 are as follows:

Published under Government Notice R187 in Government Gazette 23119 of 15 February 2002 as amended by:
• GN R1244/GG 25411 of 22/9/2003
• GN R990/GG 29278 of 13/10/2006
• GN R466/GG 29914 of 1/6/2007

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: 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:

4.1a) 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.

4.2 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.

4.3 The actual postage is payable when a copy of a record must be posted to a requester.

4.4 Notification
Please note that the requester will be notified in writing of the outcome of their request. If the requester prefers another method to be notified of the outcome, please complete the section below with sufficient details to enable compliance with the request:

5 Refusal of Access to Records
TMM does not have internal appeal procedures regarding PAIA requests. As such, the decision made by the duly authorised persons in section 1.4 is final. If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator for relief.

5.1 Grounds for refusal

5.1.1 An information officer is obliged to refuse access to a record if the disclosure would be an unreasonable disclosure of personal information about a third party, including a deceased individual.
5.1.2 Commercial Information – A request for access will be refused if the record contains trade secrets, financial, commercial, scientific or technical information of the body or a third party that is likely to harm TMM or third party. **
5.1.3 An information officer is obliged to refuse a request for access to a record if disclosure would constitute an action for breach of the duty of confidence owed to a third party in terms of an agreement. ***
5.1.4 An information officer is obliged to refuse a request for access to a record if disclosure could possibly result in endangering the life of physical safety of individuals and protection of property. ****

**See section 63 of Protection of Personal Information Act 4 of 2013
***Section 68 of PAIA Act
****Section 65 of PAIA Act

6 Annexure 1: Access Request Form
Request for Access to a Record
(Section 53(1) of the Promotion of Access to Information Act 2 of 2000)

A. Particulars of the Requester
Surname
Full Names
Identity Number
Postal Address
Contact Details
Fax Number
E-mail Address
*****If the request is made on behalf of another person, the requester is obliged to identify him/ her and to provide proof of the mandate under which the request is made, to the satisfaction of the Information Officer.

B. Particulars of person on whose behalf request is made
Surname
Full Names
Identity Number

C. Particulars of record
Description of records
1.

2.

3.

4.

5.

D. Fees
The following applies to requests (other than personal requests as referred to in regulation 11(2):
• The request fee payable by a requester, other than a personal requester, is R50.00.
• A fee will be payable for access to a record and it shall depend on the form in which access is required and the reasonable time required to search for and prepare a record.
• Deposit that has been paid in respect of a request for access which is refused, will be repaid to the requestor.
• A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
• A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure.
• Records may be withheld until the fees have been paid.
• Fees are payable in cash or by electronic payment. Please that prior arrangement must be made for electronic payments. Contact _____________ on 087 405
*If the requester qualifies for an exemption in payment of fees, he/ she must complete the section below

Reason for exemption from payment of fees:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. Form of access to record

*If access is granted to a record, state your disability and indicate which form the record is required

Section 60 of the Act:

If access is granted to a record of a private body, the head of that body must, as soon as reasonably possible after notification in terms of section 56, but subject to section 57, give access in-

a)    such form as the requester reasonably requires; or

b)    if no specific form of access is required by the requester, such form as the head reasonably determines.

Do you have any disability?
Form in which record is required

 

*Mark the appropriate box to indicate the form of record you require

1.    Record in written or printed form
Do you want to inspect the records? Do you need a copy of record?
2.    Record consists of visual images
View images Copy of images
3.    Record consists or recordings or sound
Listen to the recording Transcription of recording
4.    Record held on computer or electronic readable form
Print out of record Copy in computer readable form

 

Please note the following:

  • Form of access depends on the availability of the record.
  • Access may be denied in certain circumstances depending the form available. The requester will be informed of the decision and access can be granted in a different form which is available.
  • A postal fee is payable if the requester wishes a copy or transcription of the record to be posted.

F. Right to be Exercised or Protected

*In terms of section 53(2)(d) of the Act, a request for access must at least require the requester concerned to identify the right the requester 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.

 

Which right is to be exercised or protected?

 

 

Explain why the requested record is required for the exercising or protection of the abovementioned right?

 

 

G. Notice of Decision Regarding Request for Access

*When the request for information is approved/ denied, the requester will be notified in writing. If the requester wishes to be informed in another manner, please specify the manner and the necessary particulars below.

 

 

H. Signature

 

Signed at_____________________________________ this _____ day of__________________20___.

 

 

________________________________                  ________________________________

Print Name                                                    Signature