PAIA Manual
THIS PROMOTION OF ACCESS TO INFORMATION MANUAL IS PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 (“PAIA”) FOR AND ON BEHALF OF SALUNGANO GROUP LIMITED AND ITS SUBSIDIARIES (“SALUNGANO”)
1. Company Overview
Salungano is a South African-based black-owned and led a diversified investment group that also owns and operates four collieries in South Africa (“the group”). Salungano invests in companies that achieve superior returns underpinned by environmental, social and governance pillars to generate growth for stakeholders and dividends for shareholders.
2. Contact Person
In terms of Section 51 (1)(a) of PAIA, the contact details and the contact person for Keaton:
Name of body: Salungano Group Limited
Registration number: 2005/006913/06
Contact person (Head of private body): Yolande Lemmer (Interim Company Secretary)
Postal address: P.O. Box 1962, Edenvale, 1610, South Africa
Street address: First Floor, Building 10, Woodmead Business Park, 142 Western Service Road, Woodmead, Sandton
Phone number: +27 11 049 8611
Electronic mail: info@salunganogroup.com
3. Human Rights Commission Guide
In terms of Section 51 (1)(b) of PAIA, a guide on how to use PAIA as compiled by the Human Rights Commission in terms of Section 10 of PAIA is available from the South African Human Rights Commission. Any queries should be directed to:
The South African Human Rights Commission
PAIA Unit: Research and Documentation Department Postal address: Private Bag 2700, Houghton, /2041
Phone number: +27 11 484 8300
Fax number: +27 11 484 0582
Website: www.sahrc.org.za
Email: PAIA@sahrc.org.za
4. Automatic Disclosure
In terms of Section 51(1)(c) of PAIA, provision is made for the categorisation of documents that may be available to the public without any need for a request of access to such, i.e.
Records are automatically available to the public. The categorisation of such documents has not as yet been published in terms of Section 52(2) of PAIA.
Records that are automatically available to the public are all records in any booklets or pamphlets published by Salungano, and all records are available on Salungano’s website – www.salunganogroup.com
5. Legislative Records
In terms of Section 51(1)(d) of PAIA, a description must be given of the records available in terms of any other legislation. Records are kept in accordance with such other legislation as is applicable to Salungano, which includes but is not limited to the following legislation as amended from time to time:
Personal Information Legislation:
- Protection of Personal Information Act, 2013
Labour Legislation:
- Labour Relations Act 66 of 1995
- Basic Conditions of Employment Act 75 of 1997
- Employment Equity Act 55 of 1998
- Skills Development Levies Act 9 of 1999
- Skills Development Act 97 of 1998
- Unemployment Insurance Act 63 of 2001
- Unemployment Insurance Contributions Act 4 of 2002
Commercial Legislation:
- Companies Act 71 of 2008 Mining Legislation:
- Minerals and Petroleum Resource Development Act 28 of 2002
Health and Safety Legislation:
- Occupational Health and Safety Act 85 of 1993
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Mine Health and Safety Act 29 of 1996
- Occupational Diseases in Mines and Works Act 78 of 1973
Environmental Legislation:
- National Water Act 36 of 1992
- National Environmental Management Act 107 of 1998
- National Environmental Management: Air Quality Act 39 of 2004
- National Environmental Management: Waste Act 59 of 2008
Tax Legislation:
- Income Tax Act 58 of 1962
- Value Added Tax Act 89 of 1991
6. Records Held by Salungano
In terms of Section 51 (1)(e) of PAIA, categories of records that may be requested and for which access may provide or refused are:
6.1 Operational Information
Such information as relates to the operational, commercial, financial interests and day to day running of Salungano, including but not limited to: internal phone lists, address lists, company policies, employee records, permits, licenses, authorisations, approvals and general “housekeeping” information.
6.2 Communications
Correspondence between persons within and without Salungano relating to matters of business within the course and scope of their employment with Salungano, which are recorded in the communication system of Salungano, such as computers and telephone records.
6.3 Website
Salungano’s Website address is www.salunganogroup.com and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the company, which is publicly available.
7. Request Procedures
Section 51(1)(e) of PAIA sets out the request for access procedure.
It is important to note that the successful completion and submission of an access to information request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3, Chapter 4 of PAIA.
If it is reasonably suspected that the requester has obtained access through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.
The request procedures are as follows:
7.1 Form of Request
7.1.1 The requester must use the prescribed form attached to this manual as Annexure “A” to make the request for access to a record. This request must be addressed to the contact person of Salungano (head of the private body) and must be made to the address, fax number or electronic mail address of Salungano, provided in paragraph 2 above, contemplated in section 53(1) of PAIA.
7.1.2 The requester must provide sufficient detail on the request form to enable the contact person of Salungano (head of the private body) to identify the record. The requester should also indicate which form of access is required and specify a revert address or fax number in the Republic of South Africa where any response to such request or such record may be sent.
The requester should also indicate if, in addition to a written reply, any other manner is to be used to communicate with the requester and state the necessary particulars for such purpose, as per section 53(2)(a), (b), (c) and (e) of PAIA.
7.1.3 The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right in terms of section 53(2)(d) of
7.1.4 If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the contact person of Salungano (head of the private body) as detailed in terms of section 53(2)(f) of
7.2 Fees
A requester who seeks access to a record containing the requester’s personal information is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
7.2.1 Section 54(1) of PAIA provides that the contact person of Salungano (head of the private body) must, by notice, require the requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing the
7.2.2 The fee that the requester must pay to Salungano if so required by Salungano is R50 (Fifty Rand). The requester may lodge an application to the court against the tender or payment of the request fee in terms of section 54(3)(b) of PAIA.
7.2.3 After the contact person (head of the private body) has made a decision on the request, the requester must be notified in writing unless specified
7.2.4 If the request is granted, then a further access fee must be paid for reproduction and search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure in terms of section 54(6) of
8. Other information as may be prescribed under section 51(1)(F) of PAIA
The Minister of Justice and Constitutional Development has to date, not made any regulations in this regard.
9. Availability of Manual Under Section 51(3) of PAIA
In terms of section 51(3) of PAIA, this manual is available on Salungano’s website (www.salunganogroup.com). It is also available for inspection by the general public upon request during office hours and free of charge at the offices of Salungano.
10. Grounds for the refusal of access to records in terms of Chapter 4 of PAIA
Chapter 4 of PAIA makes provisions for certain grounds upon which a request for access to information may or must be
11. Fee Structure
The forms and fee structure prescribed under PAIA in respect of private bodies are available on the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “Regulation” section.
