Published Government Gazette : 24650 dated 21/02/03

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF

THE PROMOTION OF ACCESS TO INFORMATION ACT, ACT NO.

2 OF 2000 (“THE ACT”)

FOR PRIVATE BODY

NON FERROUS METAL WORKS (SA) (PTY) LTD 1951/000559/07

ALCUZIN (PTY) LTD 1967/005092/07

HOWICK PLANTATIONS (PTY) LTD 1959/003225/07

ISIPINGO INDUSTRIAL INVESTMENTS (PTY) LTD1966/004151/07

KLIPPOORTJE PORTION 64 (PTY) LTD 1972/002897/07

MOBENI LAND (PTY) LTD 1971/011877/07

NASSAU BOUNDERNEMERS CC CK1990/008217/23

NOEVE PROPERTY INVESTMENTS (PTY) LTD 1972/0022872/07

PRIME METAL INDUSTRIES (PTY) LTD 1905/19190/07

2. PURPOSE 4

2. INFORMAL PROCEDURE FOR THE REQUESTING

RECORDS AUTOMATICALLY AVAILABLE 4 - 5

2. FORMAL PROCEDURE FOR REQUESTING RECORDS NOT

AUTOMATICALLY AVAILABLE 5 - 8

2. RECORDS HELD BY THE COMPANY IN TERMS OF OTHER

LEGISLATION AS CONTEMPLATED IN SECTION

51(1)(d) OF THE ACT 8

2. AVAILABILITY OF THIS MANUAL 8

2. HUMAN RIGHTS COMMISSION ASSISTANCE GUIDE 8

2. FEES 8 - 9

1. INTERPRETATION

1.1 The manual is to assist potential requestor as to the procedure to be followed when requesting access to information/documents from the company as contemplated in terms of the Act.

1.2 The manual may be amended from time to time and as soon as any amendments have been finalised the latest version of the manual will be made public.

1.3 Any requestor is advised to contact Ralph Paul should he/she require any assistance in respect of the utilisation of this manual and/or the requesting of documents/information from the company.

1.4 In this manual, except where the context clearly indicates a contrary intention:

1.4.1 a reference to the singular includes the plural and vice versa, a reference to any particular gender includes

the other genders, and the word “person” includes a trust, a company, a close corporation and any other juristic

person and a partnership and any other body of person (whether corporate or unincorporate);

1.4.2 any word or expression to which a meaning has been assigned in the Act bears that meaning

1.4.3 where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a business day shall be the deemed to be the next succeeding day which is a business day;

1.5 The following expressions shall bear the meaning assigned to them hereunder:

1.5.1 “The Act” shall mean the Promotion of Access to Information

Act, No. 2 of 2000, together with all relevant regulation

Published ;

1.5.2 “The/this manual” shall mean this manual together with all annexure thereto

As available at the offices of Non Ferrous Metal Works SA (Pty) Ltd from time to time;

1.5.3 “SAHRC” shall mean the South African Human Rights Commission ;

1.5.4 “The company” shall mean all as listed on front cover.

1.5.5 “Business day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;

1.5.6 ‘The formal procedure” means the formal procedure described in clause 4 hereof;

1.5.7 “The informal procedure” means the informal procedure described in clause 3 hereof;

1.5.8 “The information head” means the official of the company duly authorised by the head (as defined in section 1 of the Act) as contemplated in section 1 of the Act;

1.5.9 “Personal requester” means a requester seeking access to a record containing personal information about the requester.

1.5.10 “Record” Means recorded information in the possession or under the control of the company;

1.5.11 “The request liaison means the person appointed by the company to facilitate or

officer “ assist the information head with any request in terms of the Act.

3. INFORMAL PROCEDURE FOR THE REQUESTING RECORDS AUTOMATICALLY AVAILABLE.

3.1 Where the record to be requested:

3.1.1 relates to a single division, factory or other business unit and

3.1.2 access thereto is likely to be given automatically without having to request access thereto in terms of the Act, then, so as to avoid unnecessary delay and in the interests of efficiency, the requester should preferably make his or her request directly to the company unit concerned.

3.2 A request described in 3.1 above should preferably be made in the first instance to the company official or employee at the company unit concerned who, reasonably considered, is likely to be the most appropriate source of the record concerned, and likely to be authorised to discuss the subject matter thereof and to grant or arrange the grant of access thereto. Such official or employee will either -

3.2.1 refuse to grant access to that record; or

3.2.2 refer the request to higher authority; or

3.2.3 grant or arrange the grant of access thereto if, upon a consideration of all applicable

facts and circumstances, it is appropriate to do so and, if appropriate, subject to such conditions as the company may impose.

3.3 Should a requester be dissatisfied with the outcome of his or her request referred

to in 3.2 above, then he or she should preferably repeat the request to a company official or employee at the same company unit who is more senior to the company official or employee referred to in 3.2 above and who, reasonably considered, is likely to be the most appropriate person to consider the request and be authorised to discuss the subject thereof and grant or arrange the grant of access thereto.

3.4 Should the record concerned not satisfy the criteria set out in 3.1 above or should a requester be dissatisfied with the outcome of his or her request referred to in 3.3 above, then a request for access thereto may be made to the request liaison officer in accordance with 4.3 below.

3.5 Categories of records available without having to request access in terms of the Act.

3.5.1 The following records are automatically available to all employees and need not be requested in accordance with the procedure outlined in 4.3 below.

3.5.1.1 personnel records are available to the employee whose files it is;

3.5.1.2 records of disciplinary hearings and related matters are available to the employee subject thereto;

3.5.1.3 the company policies

3.5.2 The following records are automatically available to the general public and all employees and need not be requested in accordance with the procedure outlined in 4.3 below:

3.5.2.1 company memorandum and Article of Association;

3.5.2.2 public relations brochure and publications;

3.5.2.3 media releases;

3.5.2.4 company employment equity plan;

3.5.2.5 company skills development plan;

3.6 Informal procedure contact details

3.6.1 For the purposes of the informal procedure, the postal address and phone number of the respective branches, factories and other business units can be obtained from the information head.

4. FORMAL PROCEDURE FOR REQUESTING RECORDS NOT AUTOMATICALLY AVAILABLE.

4.1 The following records are not automatically available without a request therefor in terms of the Act

4.1.1 Personnel Records

These include the following:

S personnel information, employment histories and health records ;

S personal records provided to the company by its personnel;

S records which a third party has provided to the company about any of its personnel;

S training and development;

S conditions of employment and other personnel-related contractual and legal records;

S internal evaluation records; and

S other internal records and correspondence

4.1.2 Customer-related Records

S financial records;

S operational records;

S project Management, including building plans and plant and machinery upgrades;

S functions and catering;

S database;

S patents, registered designs and trademarks;

S technological know- how;

S information technology;

S product records;

S marketing records;

S internal correspondence;

S company secretarial records;

S retirement fund records;

S statutory records;

S statutory compliance records;

S internal policies and procedures;

S treasury- related records;

S securities and equities; and

S records held by officials of the company.

4.1.5 Other Parties

Records held by the company relating to other parties, including financial records, correspondence, contractual records, records provided by other parties and records third parties have provided about the company’s contractors and suppliers in respect of contractors, suppliers, subsidiary or fellow subsidiary companies, joint venture partners and service providers.

4.2 Contact Details for Formal Procedure

4.2.1 The postal and street address, phone and telefax numbers and electronic mail addresses of the information head are as follows:

Mr Ralph Paul

P.O. Box 25, Durban. 4000

288 Balfour Road, Jacobs, 4026

(031) 4807388 (telephone)

(031) 4686934 (telefax)

ralphp@nfm.co.za (e-mail)

4.3 Procedure for Requesting a Record not Automatically Available

4.3.1 A request for a record must be made Form C (Request for Access to Record of Private Body) set out in annexure “B” to Government Notice No. R187 dated 15 February 2002 (“the request Form”). On request, the information head will telefax a copy thereof to a prospective requester for this purpose.

4.3.2 The requester must provide sufficient detail on the request form to enable the information head to identify the record and the requester and must also indicate which form of access to the record is require. They should also indicate if he or she wishes to be informed of the decision on the request in any other manner ( and if so, state that manner and the necessary particulars to be informed), must identify the right that he or she is seeking to exercise or protect an explanation of why the requested record is required for the exercise or protection of that right. , and otherwise complete the request form. If a request is made on behalf of another person, the requester must submit proof of the capacity in which he or she is making the request to the satisfaction of the information head.

4.3.3 The requester must submit the prescribed form to the information officer at the address, telefax No. or electronic mail address set out in 4.2.1.

4.3.4 The following request fees are payable by every requester, other than a personal requester, before the request will be further processed:

4.3.4.1 R50.00 (fifty Rand); and

4.3.4.2 if the information head is of the opinion that six hours will be exceeded to search, prepare and/or reproduce the record requested, a deposit is payable equal to one third of the access fee which would be payable if the request is granted.

4.3.5 The information head shall, as soon as is reasonably possible, but in any event within thirty days after a proper request has been received, decide whether or not to grant the request and notify the requester thereof.

4.3.6 If the request of access is granted, the notice referred to in 4.3.5 above will state the access fee to be paid upon access to the record, and the form in which such access shall be given.

4.3.7 After access is granted, actual access to the record requested will be given as soon as reasonably possible.

4.3.8 If the requester for access is refused, the information head will provide adequate reasons for the refusal and the requester may apply to court for appropriate relief.

4.3.9 The attention of requesters is drawn to the following:

4.3.9.1 in certain circumstances the information head is entitled to extend the period of thirty days referred to in 4.3.5 above in terms of the Act;

4.3.9.2 in certain circumstances the information head is obliged to notify a third party of a request for a record to whom or which that record relates, and of the rights of such third party to dispute the decision of the information head;

4.3.9.3 in certain circumstances the information head is obliged to refuse a request for access to certain records in terms of the Act;

4.3.9.4 in certain circumstances the information head has a discretion to refuse a request

for access to a record in terms of the Act;

4.3.9.5 the rights of a requester to lodge an internal appeal against certain decisions of the information head and to apply to court for appropriate relief in respect thereof.

5 RECORDS HELD BY THE COMPANY IN TERMS OF OTHER LEGISLATION AS CONTEMPLATED IN SECTION 51(1)(d) OF THE ACT.

The following records are not automatically available without a request in terms of the Act:

Records are kept in accordance with the following legislation: Income Tax Act, 1962,

Value-Added Tax Act, 1991, Compensation for Occupational Injuries and Diseases Act, 1993, Unemployed Insurance Act, 2001, Labour Relations Act, 1995, Basic Conditions of Employment Act, 1997, Employment Equity Act, 1998 and Skills Development Act, 1998.

6. AVAILABILITY OF THIS MANUAL

This Manual is available for public inspection at the registered office of the company (i.e.

288 Balfour Road , Jacobs, KwaZulu Natal) by prior arrangement with the information head or the request liaison officer.

7. HUMAN RIGHTS COMMISSION ASSISTANCE GUIDE

7.1 The Human Rights Commission, whose offices are presently located in Johannesburg, is obliged to compile a guide in terms of section 10 of the Act on how to use the Act and containing information reasonably required by persons wishing to exercise their rights in terms of the Act.

7.2 This guide shall be available from the Human Rights Commission.

8 FEES

8.1 The fee to obtain a copy of this Manual is R1.10 for every photocopy of an A4-size

page or part thereof.

8.2 The request fee payable by every requester (other than a personal requester) in terms of the formal procedure is R50,00 (fifty Rand).

8.3 The Access fees for reproduction payable by every requester, are as follows:

1. For every photocopy of an A4-size page or part thereof R1.10

1. For every printed copy of an A4-size page or part thereof

Held on a computer or in electronic or machine-readable

Form R0.75

1. For a copy in a computer-readable form on -

1. stiffy disc R7.50

1. compact disc R70.00

1. (1) For a transcription of visual images, for an A4-size

Page or part thereof R20.00