Access to Information

Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000.

Introduction

The Promotion of Access to Information Act, No 2 of 2000 was enacted on the 3rd of February 2000. The purpose of this legislation is to address Section 32(2) of the Constitution of the Republic of South Africa, which provides that any person has a right to gain access to any information held by a public or private body. If the record is requested from a private body, the requester should prove that the record is required for the exercise or protection of a right. This document serves as Madibana SA (Pty) Ltd’s manual in terms of the Act, to provide a reference as to the records held and the process that needs to be followed to request access to such records.

Company Overview

Madibana (Pty) Ltd was established in 2008, operating through its logistics specialist operations in the performance and provision of services including Airfreight, Seafreight, Roadfreight, Warehousing and Distribution, Courier Services, International Commodity Trading and Customs Clearance.

Scope of the Manual

The scope of this manual includes Madibana SA (Pty) Ltd’s operations outside the borders of the Republic of South Africa.

Records of the Organisation

This section serves as a reference to the records that Madibana SA (Pty) Ltd holds, in order to facilitate a request in terms of the Act. This information is classified and grouped according to records relating to the following subjects and categories, and is held separately at the main office.

Personal Records

• Personal records provided by personnel.
• Records provided by a third party relating to personnel.
• Conditions of employment and other personnel-related contractual and quasi-legal records.
• Internal evaluation records and other internal records.
• Correspondence relating to personnel.
• Training schedules and material.

By the word “Personnel” we refer to any person who is in the employment of, or provides services to or on behalf of, Madibana SA (Pty) Ltd and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of Madibana SA (Pty) Ltd. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.

Customer Related Records

• Records provided by our customers.
• Records generated by or within Madibana SA (Pty) Ltd relating to its customers, including contracts and transactional records.

A “Customer” refers to any natural or juristic entity that receives services from Madibana SA (Pty) Ltd.

Private Body Records

• Financial records
• Operational records
• Databases
• Information technology
• Marketing records
• Internal correspondence
• Product records
• Statutory records
• Internal policies and procedures
• Securities and equities

These records include, but are not limited to, records which pertain to Madibana SA (Pty) Ltd’s own affairs.

Other Party Records

• Personnel, customer or private body records which are held by another party, as opposed to the records held by Madibana SA (Pty) Ltd itself.
• Records held by Madibana SA (Pty) Ltd pertaining to other parties, including, without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about contractors/suppliers.

Madibana SA (Pty) Ltd may possess records pertaining to other parties, including without limitation, contractors, suppliers, joint venture companies and service providers. Alternatively, such other parties may possess records that can be said to belong to Madibana SA (Pty) Ltd. It is recorded that the accessibility of the records and documents listed above may be subject to the grounds of refusal set out in this manual.

Grounds for Refusal of Access to Records

The main grounds for Madibana SA (Pty) Ltd to refuse a request for information relate to:

1. Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person.
2. Mandatory protection of the commercial information of the third party, if the record contains:
   1. Trade secrets of the third party.
   2. Financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interest of the third party.
   3. Information disclosed in confidence by a third party to Madibana SA (Pty) Ltd, if the disclosure could put the third party at a disadvantage in negotiations or commercial competition.
3. Mandatory protection of the safety of individuals and the protection of property and assets.
4. Mandatory protection of records which would be regarded as privileged in legal proceedings.
5. The commercial activities of Madibana SA (Pty) Ltd, which may include:
   1. Trade secrets.
   2. Financial, commercial or technical information, disclosure of which could cause harm to the financial or commercial interest of Madibana SA (Pty) Ltd.
   3. Information which, if disclosed, could put Madibana SA (Pty) Ltd at a disadvantage in negotiations or commercial competition.
   4. A computer program which is owned by Madibana SA (Pty) Ltd and which is protected by copyright.
6. Requests for information that are clearly frivolous or vexatious, or that involve an unreasonable diversion of resources, will be refused.

Remedies Available When a Request Is Refused

1. Internal Remedies

A decision made by an information officer or his/her deputy is final. Requesters will have to exercise external remedies at their own disposal if the request for information is refused and they are not satisfied with the response supplied by the information officer or the deputy.

2. External Remedies

A requester who is dissatisfied with the information officer or the deputy’s refusal to disclose information may, within 30 days of notification of the decision, apply to a court of law for relief. Likewise, a third party dissatisfied with the information officer or deputy information officer’s decision to grant the requested information may, within 30 days of notification of the decision, apply to a court of law for relief. For the purpose of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court, or any other court of similar status.

3. Request Procedure

1. The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
2. The requester must complete the prescribed form available on the website of the South African Human Rights Commission at www.sahrc.org.za or the website of the Department of Justice and Constitutional Development (under Regulations) at www.doj.gov.za, and submit it along with payment of a requester fee and a deposit, if applicable, to the information officer or a deputy information officer at the postal or physical address, fax number, or email address stated in this manual.
3. The prescribed form must be filled in with enough detail to enable the information officer or the deputy information officer to identify:
   1. The record or records requested.
   2. The identity of the requester.
   3. Which form of access is required, should the request be granted.
   4. The postal, physical, telephone and/or fax number of the requester.
4. The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state the nature of that right. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
5. Madibana SA (Pty) Ltd will process the request within 30 days, unless the requester has stated special reasons satisfying the information officer or the deputy information officer that circumstances require a longer period.
6. The requester shall be informed in writing whether access is granted or denied. If the requester also requires the reasons for the decision to be communicated in a particular manner, they must state the manner and particulars required.
7. If a request is made on behalf of another person, the requester should submit proof of the capacity in which they are making the request, to the reasonable satisfaction of the information officer or deputy information officer.
8. If an individual is unable to complete the prescribed form due to illiteracy or disability, they may make the request orally.
9. The requester must pay the prescribed fee before any further processing can take place.

Access to Records Held by the Organisation

Records held by Madibana SA (Pty) Ltd may be accessed by request only once the prerequisite requirements for access have been met.

Fees

The Act consists of two types of fees, namely:

• A request fee, which will be a standard fee.
• An access fee, which must be calculated by taking into account production costs, search and preparation time cost, and postal costs.

11. When the request is received, the information officer or deputy information officer should, by notice, require the requester (other than a personnel requestor) to pay the prescribed request fee, if any, before further processing of the request.
12. If preparing the record for disclosure — including arrangements to make it available in the requested format — requires more than the hours prescribed in the regulations, the information officer or deputy information officer shall notify the requester to pay a deposit representing the prescribed portion of the access fee that would be payable if the request is granted.
13. The information officer or deputy information officer shall withhold the record until the requester has paid the requisite fees. The fee structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za, or the website of the Department of Justice and Constitutional Development (under Regulations) at www.doj.gov.za.
14. A requester whose request for access to a record has been granted must pay an access fee for reproduction, search and preparation, for any time reasonably required beyond that already covered, including arrangements to make the record available in the requested format.
15. If a deposit has been paid in respect of a request for access which is subsequently refused, the information officer or deputy information officer must refund the requester.

Decision

Madibana SA (Pty) Ltd will, within 30 days of receipt of the request, decide whether to grant access or decline the request, and give notice in writing with reasons (if required) to that effect. This 30-day period may be extended for a further period of not more than 30 days if the request is for a large amount of information, or if the request requires a search for information held at another office of Madibana SA (Pty) Ltd and the information cannot reasonably be obtained within the original 30-day period. Madibana SA (Pty) Ltd will notify the requester in writing should an extension be sought.

List of Applicable Legislation

A table of legislation (Appendix 1) setting out a description of the records available in accordance with other legislation is available from the information officer or deputy information officer upon request. This manual is available on Madibana SA (Pty) Ltd’s website, www.madibana.com.

Appendix 1 — List of Applicable Legislation

(This list is not exhaustive.)

1. Basic Conditions of Employment Act 75 of 1997
2. Companies Act 61 of 1973
3. Compensation for Occupational Injuries and Diseases Act 130 of 1993
4. Employment Equity Act 55 of 1998
5. Income Tax Act 95 of 1967
6. Labour Relations Act 66 of 1995
7. Occupational Health and Safety Act 85 of 1993
8. Skills Development Levies Act 9 of 1999
9. Trade Marks Act 194 of 1993
10. Unemployment Insurance Fund Act 4 of 2002
11. Value Added Tax Act 89 of 1991

About us

Our team of global logistics experts and freight forwarders work very closely with the leading shipping companies and air carriers to provide you with a reliable and trusted freight forwarding service.

Head Office

12 Winnipeg Avenue, Aeroport, Spartan, Kempton Park 1619, Gauteng South Africa +27 11 892 0272 info@madibana.com

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