ARYSTA LIFESCIENCE HOLDINGS SA PTY LTD

Registration Number 2005/011266/07 and Group Companies

MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT 2 OF 2000)

1. INTRODUCTION TO ARYSTA GROUP

This manual is based on the blueprint issued by the South African Human Rights Commission (“SAHRC”).

The main businesses of Arysta LifeScience Holdings SA Pty Ltd (“Arysta LifeScience”) and its subsidiaries (collectively “the Arysta Group”) are the manufacturing or dealing in plant protection substances and trading and investments in all forms.

2. SCOPE OF THIS MANUAL

The scope of this manual includes and applies to the companies in the Arysta Group from time to time, presently comprising of the following entities:

2.1 Arysta LifeScience Holdings SA Pty Ltd, Registration Number 2005/011266/07;

2.2 Arysta LifeScience South Africa Pty Ltd, Registration Number 2009/019713/07;

2.3 Callietha Investments Pty Ltd, Registration Number 1999/017961/07;

2.4 Volcano Agroscience Pty Ltd, Registration Number 2000/004551/07;

2.5 Volcano Chemicals Pty Ltd, Registration Number 2000/012658/07;

2.6 Anchorprops 39 Pty Ltd, Registration Number 2000/000879/07;

2.7 Kempton Chemicals Pty Ltd, Registration Number 1982/001497/07; and

2.8 Sidewalk Trading Pty Ltd, Registration Number 2003/019966/07.

PARTICULARS IN TERMS OF SECTION 51

3. CONTACT DETAILS

[Section 51(1)(a)]

3.1 Name of private body: Arysta Group comprising the entities listed in paragraph 2 above.

3.2 Head of private body: Marcel Dreyer (CEO)

3.3 Postal address of private body: P.O. Box 1726, Mount Edgecombe, 4300.

3.4 Street address of private body: Sunbury Park, 7 Sunbury Crescent, La Lucia Ridge, Umhlanga, Durban 4019.

3.5 Telephone number of private body: 031 514 5600.

3.6 Fax number of private body: 031 514 5612.

3.7 Person designated to deal with requests: Dean Nortje, Regional Legal Counsel (“the Designated Head”)

3.8 Electronic mail address of the Designated Head: dean.nortje@arysta.com

4. THE SECTION 10 GUIDE ON HOW TO USE THE ACT

[Section 51(1)(b)]

4.1 Section 10 of the Act requires SAHRC to publish a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act.

4.2 The Guide will contain the following information:

4.2.1 The objects of the Act;

4.2.2 Particulars of the Information Officer of every public body;

4.2.3 Particulars of every private body as are practicable;

4.2.4 The manner and form of a request for access to information held by a body;

4.2.5 Assistance available from both the information officers and the Human Rights Commission in terms of this Act;

4.2.6 All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application; Schedules of fees to be paid in relation to requests for access to information; and

4.2.7 Regulations made in terms of the Act.

4.3 Kindly direct any queries regarding the Guide to:

The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department

Postal address: Private Bag 2700
Houghton 2041
Telephone: +27 11 877-3825
Fax: +27 11 403-0625
Website: www.sahrc.org.za
E-mail: section51.paia@sahrc.org.za

1. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

[Section 51(1)(d)]

1.1 The following records are kept in accordance with the following legislation:

1.1.1 Basic Conditions of Employment Act 75 of 1997: Sections 29(4), 30 and 31;

1.1.2 Broad Based Black Economic Empowerment Act 53 of 2003;

1.1.3 Companies Act 71 of 2008;

1.1.4 Compensation for Occupational Injuries and Diseases Act 130 of 1993: Sections 80 – 82;

1.1.5 Competition Act 89 of 1998;

1.1.6 Constitution of the Republic of South Africa Act 108 of 1996;

1.1.7 Consumer Protection Act 68 of 2008;

1.1.8 Copyright Act 98 of 1987;

1.1.9 Collective Investment Schemes Control Act 45 of 2002;

1.1.10 Deeds Registries Act 47 of 1937;

1.1.11 Electronic Communications and Transactions Act 25 of 2002;

1.1.12 Employment Equity Act 55 of 1998: Section 26;

1.1.13 Environment Conservation Act 73 of 1989;

1.1.14 Firearms Control Act 60 of 2000;

1.1.15 Financial Advisory and Intermediary Services Act 37 of 2002;

1.1.16 Financial Intelligence Centre Act 38 of 2001;

1.1.17 Formalities in Respect of Leases of Land Act 18 of 1969;

1.1.18 Income Tax Act 58 of 1962: Section 75;

1.1.19 Labour Relations Act 66 of 1995: Section 89;

1.1.20 Long Term Insurance Act 52 of 1998;

1.1.21 National Building Regulations and Building Standards Act 103 of 1997;

1.1.22 National Road Traffic Act 93 of 1996;

1.1.23 Occupational Health and Safety Act 85 of 1993 and Occupational Health and Safety Regulations;

1.1.24 Promotion of Access to Information Act 2 of 2000;

1.1.25 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;

1.1.26 Protected Disclosures Act 26 of 2000;

1.1.27 Patents Act 57 of 1987;

1.1.28 Pension Funds Act 24 of 1956: Sections 5(2), 15 and 35;

1.1.29 Protection of Personal Information Act 4 of 2013;

1.1.30 Regulation of Interception of Communications and Provisions of Communication Related Information Act 70 of 2002;

1.1.31 Sales and Service Matters Act 25 of 1964;

1.1.32 Skills Development Act 97 of 1997;

1.1.33 Skills Development Levies Act 9 of 1999: Section 13;

1.1.34 Short Term Insurance Act 53 of 1998;

1.1.35 Securities Services Act 36 of 2004;

1.1.36 South African Reserve Bank Act 90 of 1989;

1.1.37 Tax Administration Act 28 of 2011;

1.1.38 Trade Marks Act 194 of 1993;

1.1.39 Transfer Duty Act 40 of 1949;

1.1.40 Unemployment Insurance Act 63 of 2001: Section 42 and 56;

1.1.41 Value Added Tax Act 89 of 1991: Section 55; and

1.1.42 the records that are required in terms of section 134 of the Insolvency Act 24 of 1936.

5. ACCESS TO THE RECORDS HELD BY ARYSTA LIFESCIENCE GROUP

[Sections 51(1)(c) and 51(1)(e)]

5.1 The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of Section 52(2) [Section 51(1)(c)]:

5.1.1 Securities and Directors registers;

5.1.2 Newsletters;

5.1.3 Booklets;

5.1.4 Pamphlets / Brochures;

5.1.5 Posters;

5.1.6 Other literature intended for public viewing.

5.2 The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below.

5.3 Please note that a requestor is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act.

5.4 The requester must identify the right that the requester is seeking to exercise or protect and explain why the information requested is required for the exercise or protection of that right.

5.5 Categories of information held by Arysta Group:

5.5.1 Statutory and Corporate Information:

5.5.1.1 Certificates of incorporation, to commence business and changes of name

5.5.1.2 Memoranda of incorporation

5.5.1.3 Statutory minute books

5.5.1.4 Board and shareholders minutes and resolutions

5.5.1.5 Statutory securities and directors registers

5.5.1.6 Share certificates

5.5.1.7 Powers of attorney / proxies

5.5.1.8 Correspondence and filings with CIPC and other authorities.

5.5.2 Financial Records:

5.5.2.1 Reserve Bank applications/ returns

5.5.2.2 Bank account information and statements

5.5.2.3 Accounting records

5.5.2.4 Budgets

5.5.2.5 Invoices and statements

5.5.2.6 Annual Financial Statements

5.5.2.7 Management accounts

5.5.3 Human Resources

5.5.3.1 Accounting and payroll records

5.5.3.2 Address lists and internal telephone lists

5.5.3.3 BEE statistics

5.5.3.4 Career development records

5.5.3.5 CCMA records

5.5.3.6 Disciplinary hearing records

5.5.3.7 Employee contracts of employment

5.5.3.8 Employment equity records and reports

5.5.3.9 Fringe benefit breakdown

5.5.3.10 General terms of employment

5.5.3.11 Leave records of employees

5.5.3.12 Letters of appointment

5.5.3.13 List of contractors and sub-contractors

5.5.3.14 List of employees

5.5.3.15 Payroll records

5.5.3.16 Performance management records

5.5.3.17 Policies and procedures

5.5.3.18 Recruitment records

5.5.3.19 Retirement benefit and medical aid records

5.5.3.20 Returns to UIF

5.5.3.21 Salary packages

5.5.3.22 Training records, manuals, materials and reports

5.5.4 Administrative & Insurance

5.5.4.1 Management reports

5.5.4.2 Business plans

5.5.4.3 Statistics SA returns

5.5.4.4 Statutory returns

5.5.4.5 Insurance policies and claims information

5.5.5 Real Property, IP & Legal

5.5.5.1 Regulatory approvals, licenses, permits and registrations, and applications

5.5.5.2 Title deeds

5.5.5.3 Mortgage bonds

5.5.5.4 Trade mark, copyright, patent, service mark certificates and registrations

5.5.5.5 Licence agreements

5.5.5.6 Product registrations

5.5.5.7 Correspondence with registering authorities

5.5.5.8 Research and development records

5.5.5.9 Records of claims, litigation, arbitration and dispute resolution proceedings

5.5.5.10 Filings with CIPC and registering authorities.

5.5.6 Contracts

5.5.6.1 Material agreements for the supply or procurement of goods or services

5.5.6.2 Shareholders agreements and joint venture agreements;

5.5.6.3 Merger agreements;

5.5.6.4 Acquisition or disposal documentation;

5.5.6.5 Agreements with customers, contractors and suppliers;

5.5.6.6 Warranty agreements;

5.5.6.7 Distribution, dealer and agency agreements;

5.5.6.8 Restraint agreements;

5.5.6.9 Credit agreements

5.5.6.10 Lease agreements

5.5.6.11 Confidentiality agreements

5.5.7 Taxation

5.5.7.1 Income Tax, VAT and other tax returns and documents;

5.5.7.2 Correspondence with tax authorities

5.5.8 Information Technology

5.5.8.1 Hardware;

5.5.8.2 Operating Systems;

5.5.8.3 Telephone Exchange Equipment;

5.5.8.4 Telephone Lines, Leased Lines and Data Lines;

5.5.8.5 LAN Installations;

5.5.8.6 Software Packages;

5.5.8.7 Disaster Recovery;

5.5.8.8 Internal Systems Support and Programming / Development;

5.5.8.9 Capacity and Utilization of Current Systems;

5.5.8.10 Development or Investment Plans;

5.5.8.11 Agreements;

5.5.8.12 Licenses;

5.5.8.13 Audits.

5.5.9 Sales and Marketing

5.5.9.1 Products;

5.5.9.2 Markets;

5.5.9.3 Customers;

5.5.9.4 Brochures, Newsletters and Advertising Materials;

5.5.9.5 Sales;

5.5.9.6 Public Relations and other Policies and Procedures;

5.5.9.7 Domestic and Export Orders

5.5.10 Environmental, Health and Safety

5.5.10.1 Policies and procedures in respect of health and safety, the environment and the work place.

5.5.10.2 Safety management systems,

5.5.10.3 General hygiene programmes,

5.5.10.4 Environmental impact assessments,

5.5.10.5 Environmental management programs, and

5.5.10.6 Employee public health emergency action plans.

6. THE REQUEST PROCEDURES

6.1 Form of request:

6.1.1 The requester must use the prescribed form, as attached in terms of Article 8 of this manual, to make the request for access to a record. This must be made to the Designated Head. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

6.1.2 The requester must provide sufficient detail on the request form to enable the Designated Head to identify the record and the requester.

6.1.3 The requester should indicate which form of access is required.

6.1.4 The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].

6.1.5 The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].

6.1.6 If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].

6.2 A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.

6.3 Every other requester, who is not a personal requester, must pay the required request fee.

6.4 The Designated Head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].

6.5 The fee that the requester must pay to a private body is currently R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].

6.6 After the Designated Head of the private body has made a decision on the request, the requester must be notified in the required form.

6.7 If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

7. OTHER INFORMATION AS MAY BE PRESCRIBED

[Section 51(1)(f)]

As at the date of this manual, the Minister of Justice has not made any regulations in this regard.

9. AVAILABILITY OF THE MANUAL

[Section 51(3)]

This manual is available:

9.1 for inspection at the offices of Arysta Group, free of charge; and

9.2 from the SAHRC.

10. FEES IN RESPECT OF PRIVATE BODIES

10.1 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.

10.2 The fees for reproduction referred to in regulation 11(1) are as follows:

(a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part  thereof held on a computer or in electronic or machine- readable form R0,75

(c) For a copy in a computer-readable form on –

(i) stiffy disc R7,50

(ii) compact disc R70,00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof R40,00

(ii) For a copy of visual images R60,00

(e) (i) For a transcription of an audio record, for an A4-size page or part thereof R20,00

(ii) For a copy of an audio record R30,00

10.3 The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.

10.4 The access fees payable by a requester referred to in regulation 11(3) are as follows:

(1)(a) For every photocopy of an A4-size page or part thereof R1,10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0,75

(c) For a copy in a computer-readable form on –

(i) stiffy disc R7,50

(ii) compact disc R70,00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof R40,00

(ii) For a copy of visual images R60,00

(e) (i) For a transcription of an audio record, for an A4-size page or part thereof R20,00

(ii) For a copy of an audio record R30,00

(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.

(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.

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

11. PRESCRIBED FORMS

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