PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL
MASIMO CHEMCIALS SOUTH AFRICA PTY LTD
This Manual has been prepared in accordance with section 51 of the Act and aims to facilitate a Request for access to a Record held by a private body that is required for the exercise or protection of any rights.
Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –
• “Act” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from timeto time;
• “MCSA” means the Company as Masimo Chemicals South Africa PTY LTD more fully described inthe overview hereunder;
• “Information Officer” means the person acting on behalf of MCSA and discharging the duties andresponsibilities assigned to the head of MCSA by the Act. The Information Officer isduly authorised to act as such and such authorisation has been confirmed by the “head” ofMCSA in writing;
• “Manual” means this manual published in compliance with Section 51 of the Act;
• “Record” means any recorded information, regardless of form or medium, which is in thepossession or under the control of MCSA, irrespective of whether or not it was created by MCSA;
• “Request” means a request for access to a Record of MCSA;
• “Requestor” means any person, including a public body or an official thereof, making a Requestfor access to a Record of MCSA and includes any person acting on behalf of that person; and
• “SAHRC” means the South African Human Rights Commission.
Unless a contrary intention clearly appears, words signifying:-
• the singular includes the plural and vice versa;
• any one gender includes the other genders and vice versa; and
• natural persons include juristic persons.
Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.
OVERVIEW OF MCSA
Masimo Chemicals South Africa (Pty) Ltd (Masimo), a subsidiary of Masimo Chemicals Logistics, is a
leading distributor of high quality specialty chemicals to niche markets in the Sub Saharan Region.
Masimo’s diverse footprint, widespread market presence and knowledge of the Sub Saharan market has allowed for the company to become a preferred route to market into the region for a variety of major local and international Manufacturers.
Masimo has developed strong relationships with various industry players over the years. The company’s strong values and ethics, high level service delivery and product portfolio consisting of high quality products sourced from reliable global manufacturers has made Masimo a supplier of choice for bulk petrochemical products to a wide variety of industries in the region.
This Manual applies to all South African entities, both jointly and severally, and such entities are referred to both individually and collectively as Masimo Chemicals Group.
1. CONTACT DETAILS OF INFORMATION OFFICER (SECTION 51(1)(a))
The Chief Executive of Masimo Chemicals South Africa Pty LTD, as head of the private body, hasdelegated his powers to the Company Secretary, as Information Officer, whose details appearhereunder for purposes of dealing with all matters in connection with Requests for information on MCSA’s behalf and to ensure compliance with the Act.
Group information officer: Mr Dhiveshan Naidoo
Postal address: 20 Ncondo Place , Ridge 6 , Suite 302, Umhlanga Rocks
30 Bompas Road
Telephone: +(27) 31 072 0500
2. GUIDE TO THE ACT (SECTION 51(1)(b) READ WITH SECTION 10)
The SAHRC has compiled a guide, as required by Section 10 of the Act, containing such informationas may reasonably be required by a person who wishes to exercise any right contemplated in thisAct.
The guide is available on the SAHRC website, http://www.sahrc.org.za.
The SAHRC can be contacted directly at:
The South African Human Rights Commission: PAIA Unit
Private Bag X2700
33 Hoofd Street
+27 11 877 3600 (Switchboard)
+27 11 877 3750 (Gauteng Office)
+27 11 887 3803
+27 11 403 0668 (Gauteng Office)
+27 11 403 0625
3. AUTOMATIC DISCLOSURE - CATEGORIES OF RECORDS AVAILABLE WITHOUT HAVING TO REQUEST ACCESS [SECTION 51(1)(c)]
The following Records are automatically available without a person having to request access in terms of the Act:
• The web page www.masimochem.com is accessible to anyone who has access to the Internet. The MCSA website hosts the following categories of information:
• Corporate Info
- Corporate Profile
- BEE Industry Scorecard
• Product and promotional brochures/pamphlets
• News and marketing information
• Corporate communications
• Other literature intended for public viewing.
4. RECORDS AVAILABLE IN TERMS OF LEGISLATION [SECTION 51(1)(d)]
Records are kept in accordance with the following legislation:
• Basic Conditions of Employment Act, 1997
• Broad Based Black Economic Empowerment Act, 2003
• Businesses Act, 1991
• Companies Act, 2008
• Consumer Protection Act, 2008
• Compensation for Occupational Injuries and Diseases Act, 1993
• Copyright Act, 1978
• Deeds Registries Act, 1937
• Electronic Communications and Transactions Act, 2002
• Employment Equity Act, 1998
• Financial Markets Act, 2012• Foodstuffs, Cosmetics and Disinfectants Act, 1972
• Harmful Business Practices Act, 1999
• Income Tax Act, 1962
• Labour Relations Act, 1995
• Occupational Health and Safety Act, 1993
• Prevention of Organised Crime Act, 1998;
• Protected Disclosures Act, 2000
• Securities Services Act, 2004
• Short Term Insurance Act, 1998
• Skills Development Act, 1998
• Skills Development Levies Act, 1999
• Trademarks Act, 1993
• Unemployment Insurance Act, 2001
• Value Added Tax Act, 1991
5. CATEGORIES OF RECORDS HELD AND SUBJECT TO REQUEST
5.1 Statutory and Legal
• statutory registers
• annual reports
• statutory Records & returns, including incorporation documents, memorandum ofincorporation and share register
• minutes of meetings
- board and statutory committees
- management committees •contractual and legal agreements
• intellectual property: trade marks certificates
• copyrights & designs
• health and safety Records
5.2 Human Resources
• HR policies & procedures
• employment equity plan and report
• skills development plan and report
• employee Records
• IR disciplinary and grievance procedures and hearings, including CCMA Records
• Union negotiation Records
• incentive scheme rules
5.3 Administration, Finance & Accounting:
• accounting Records
• auditors reports
• tax returns
• VAT returns
• policies & procedures
• policies, including coverage, limits and insurers
• claim Records
5.5 Information technology
• software packages
• IT policies and procedures
• operating systems
5.6 Sales and Marketing
• customer Records
• credit application forms
• statements of account
• terms & conditions
• marketing material and media releases: brochures, newsletters and advertising materials
• land and building register
• fixed assets register
• title deeds
5.8 Operational information
This information can be defined as information needed in the day-to-day running of the organization. (Examples of such information are: internal telephone lists, address lists, company policies, company procedures, human resource manual, administration manual, industry related statistical data, guest database, historical guest histories, guest reservation data, management information reports, property development information such as title deeds, lease agreements, construction contracts and architectural drawings).
6. OTHER INFORMATION AS MAY BE PRESCRIBED [SECTION 51(1)(f)]
7. ACCESS: PROCEDURE, AVAILABILITY AND FEES
7.1 How to Request a Record (Section 53)
• Requests for access to Records must be made to the Information Officer in the prescribedform, Annexure 1 at the address, fax number or electronic mail address referred to in1 above. Failure to make use of the prescribed form could result in your Request beingrefused or delayed.
• A Request for access to a Record must be accompanied by payment of an initial non-refundable Request fee of R57.00 (inclusive of VAT). This fee is not applicable to personalRequests, i.e. individual seeking access to Records pertaining him/herself.
• The Requestor must provide sufficient detail on the Request form to enable theInformation Officer to clearly identify the Record as well as the Requestor’s identify, whichis to be accompanied by positive proof of identification.
• The Requestor must indicate which form of access is required and if he/she wishes to beinformed on the decision on the Request in any other manner, to state the necessaryparticulars to be so informed.
• Access is not automatic. The Requestor must therefore identify the right he/she is seekingto exercise or protect and provide an explanation as to why the requested Record isrequired for the exercise or protection of that right.
• If a Request is made on behalf of a person, the Requestor must then submit proof, to the satisfaction of the Information Officer, of his/her authority to make the Request. Failure to do so will result in the Request being rejected.
7.2 Decision on Request (Section 56)
• The Requestor will be notified, within 30 days, in the manner indicated by him/her of the outcome of his/her Request, alternatively whether an extension not exceeding 30 days is required to deal with the Request.
- If the Request for access is granted a further access fee must be paid for the reproduction as well as the search and preparation of the Records and for any time that has exceeded the prescribed hours to search and prepare the Record for disclosure. Access will be withheld until the Requestor has made payment of the applicable fee(s).
- In the event that the Request for access is refused, reasons for the refusal will be provided and the Requestor will be advised the he/she may lodge an application with a court against the refusal of the Request, as well as the procedure for lodging the application.
• The Requestor may lodge an internal appeal or an application to court against the tender or payment of the Request fee.
This Manual is available on the MCSA website, www.masimochem.com, alternatively at
20 Ncondo Place
during office hours.
The fees payable in respect of access to Records are attached as Annexure 2.
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY FORM C