MANUAL OF LAFARGE SOUTH AFRICA HOLDINGS (PTY) LIMITED (REGISTRATION NUMBER 1947/027184/07)

Transcription

1 MANUAL OF LAFARGE SOUTH AFRICA HOLDINGS (PTY) LIMITED (REGISTRATION NUMBER 1947/027184/07) The scope of this manual will serve to provide a reference regarding the records held by the following South African direct and indirect subsidiary companies of Lafarge South Africa Holdings (Pty) Limited and trusts founded or managed or administered by the said company or its appointed administrators. Dormant(D)/ Operating(OP) Registration Number African Cement (Pty) Limited D 1971/010050/07 Arlington Enterprises (Pty) Limited D 1971/008064/07 Ash Resources (Pty) Limited OP 1975/000746/07 Ash Resourses India Private Limited D U74999MH2002PTC Bay Stone Sales (Pty) Limited D 1967/005526/07 Cape Blue Rock Quarries (Pty) Limited D 1958/001512/07 Circle Provident Fund D 12/8/24227/1 Ciskei Quarries (Pty) Limited D 1977/000928/07 Dawnkell Investments (Pty) Limited D 1973/006351/07 Eco 2 (Pty) Limited OP 2007/014358/07 Evander Crushers (Pty) Limited D 1976/000296/07 Holding 155 White River Estates (Pty) Limited D 2006/023045/07 Holding 176 White River Estates (Pty) Limited D 2006/023054/07 Kendal Ash Pty) Limited D 1997/008946/07 Lafarge Aggregates South Africa (Pty) Limited D 1971/000834/07 Lafarge Cement (Pty) Limited D 1976/004518/07 Lafarge Employee Empowerment Trust OP 1062/07 Lafarge Employee Share Ownership Trust OP 1061/07 Lafarge Management Employee Trust OP Pending Lafarge Foreign Holdings (Pty) Limited D 1969/002827/07 Lafarge Gypsum (Pty) Limited D 2002/025567/07 Lafarge Gypsum Holdings Southern Africa (Pty) Limited OP 2002/002942/07 Lafarge Industries South Africa (Pty) Limited OP 2005/033309/07 Lafarge Investments (Pty) Limited D 1958/003176/07 Lafarge Materials Investments (Pty) Limited D 1960/000284/07 Lafarge Mining South Africa (Pty) Limited OP 2005/033162/07 Lafarge Products (Pty) Limited D 1970/016287/07 Lafarge South Africa Employees Provident Fund OP 12/8/28323/1 Lafarge South Africa Retirement Fund OP /R Lafarge Vulisango RMX (Pty) Limited D 1969/010203/07 Murray & Roberts Quarries (Pty) Limited D 1944/005006/07 Northern Cement Company (Pty) Limited D 1984/009964/07 Pietersburg Mixed Concrete (Pty) Limited D 1967/013012/07 Port Elizabeth Holdings (Border Investments) (Pty) Limited D 1969/015169/07 Qala Quarry (Pty) Limited OP 2006/031957/07 Quarryman (Pty) Limited D 1955/001843/07 Page 1

2 Dormant(D)/ Operating(OP) Registration Number Quarryman (Southern Cape) (Pty) Limited D 1967/016090/07 Quarryman Holdings (Pty) Limited D 1947/026000/07 Ready Mix Materials (Pty) Limited D 1987/000894/07 SF Harvey Benefit Fund IT756/1949 Sphere-Fill (Pty) Limited D 1997/008412/07 Stonetech (Pty) Limited D 1996/006184/07 Tarmac South Africa (Pty) Limited D 1948/028882/07 Tarmac Transkei (Pty) Limited D 1979/060058/07 The Lafarge Community Trust OP 14460/06 The Lafarge Education Trust OP 14459/06 Tongaat Quarry Projects (Pty) Limited D 1996/004775/07 Tswana Lime Limited D 1969/011200/06 Western Hills (Pty) Limited D 1952/002077/07 White River Concrete (Pty) Limited D 2006/023056/07 White River Crushers Pty) Limited D 2006/023066/07 PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO 2 OF 2000 ("the Act") Page 2

3 INTRODUCTION TO LAFARGE SOUTH AFRICA HOLDINGS Lafarge South Africa Holdings ( Lafarge ) is a private company incorporated according to the company laws of South Africa. The Company is a wholly-owned subsidiary of Lafarge S.A. (website: a world leader in building materials. Lafarge produces and supplies materials for use in the building and civil construction industries. Products produced by Lafarge include cement, aggregates, readymix concrete and gypsum plasterboard/ancillary partitioning systems. As a first phase restructure, to facilitate broad-based Black ownership participation, Lafarge sold its entire operating businesses and aggregate quarries to two newly formed legal entities. The manufacturing operations of Lafarge, namely Cement, Concrete and Gypsum were sold to Lafarge Industries South Africa (Pty) Limited (Industries ). The aggregate quarrying businesses were sold to Lafarge Mining South Africa (Pty) Limited ( Mining). In January 2007 Lafarge sold 11% of the equity it owned in Industries and 27% of the equity it owned in Mining to the broad-based Black Economic Empowerment including non- HDSA staff. The principal activity of Ash Resources (Pty) Limited is the processing and sale of fly ash into both the local and export markets. ADMINISTRATION OF THE ACT (Section 51(1)(a) of the Act) The Chief Executive Officer of the Lafarge group has duly authorised the contact person below to ensure that the requirements of the Act are administered in a fair, objective and unbiased manner. Head of body : Mr A Corcos Contact person : G Georgiadis (Designated head of the private body) Postal address : Private Bag X26 Gallo Manor 2052 Physical address : Buildings 3 & 4 Country Club Estate 21 Woodlands Drive Woodmead 2191 Telephone No : Fax No : address : george.georgiadis@lafarge.com Website address : Page 3

4 SECTION 10 GUIDE (Section 51(1) (b) of the Act) It has been indicated that the users guide will, according to the South African Human Rights Commission ( SAHRC ), be made available to the public by no later than August The guide will, inter alia, include: what the objects of this Act are the relevant contact details of each public and private body the process that needs to be followed in order to request access to records assistance available from the SAHRC and information officers of public bodies how to get access to the manual of a private body all the remedies available in law to you prescribed fees payable in respect of requests for information Enquiries should be directed to: The South African Human Rights Commission PAIA Unit The Research and Documentation Department Private Bag 2700 Houghton 2041 Telephone No : Fax No : Website : PAIA@sahrc.org.za NOTICE PUBLISHED IN TERMS OF SECTION 52(2) OF THE ACT (Section 51(1)(c) of the Act) None published. Page 4

5 INFORMATION FREELY AVAILABLE (Section 51(1)(d) of the Act) Records that are kept in accordance with legislation, include but are not limited to: Atmospheric Pollution Prevention Act and Regulations (45/1965) Basic Conditions of Employment Act and Regulations (75/1997) Companies Act & Regulations (61/1973) including legislated registers Compensation for Occupational Injuries and Diseases Act and Regulations (130/1993) Credit Agreements Act No 75 of 1980 Currency and Exchanges Act No 9 of 1933 Finance Act No 35 of 2000 Employment Equity Act and Regulations (55/1998) Environment Conservation Act and Regulations (73/1989) Explosives Act and Regulations (26/1956) Harmful Business Practices Act No 23 of 1999 Hazardous Substances Act and Regulations (15/1973) Income Tax Act (58/1962) Intellectual Property Laws Amendments Act No 38 of 1997 Labour Relations Act and Regulations (66/1995) Mine Health and Safety Act and Regulations (29/1996) Minerals Act and Regulations (50/1991) Mineral and Petroleum Resources Development Act (28/2002) National Credit Act 34 of 2005 National Environmental Management Act (107/1998) National Water Act and Regulations (36/1998) Occupational Health and Safety Act and Regulations (85/1993) Pensions Funds Act and Regulations (24/1956) Promotion of Access to Information Act (2/2000) Protection of Businesses Act No 99 of 1978 Regional Services Councils Act (109/1985) Skills Development Act and Regulations (97/1998) Stamp Duties Act No 77 of 1968 Unemployment Insurance Act (63/2001) Value Added Tax Act (89/1991) These records, which are of a public nature, are available freely without a person having to request access thereto in terms of Section 52 of the Act. Page 5

6 ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION (Section 51 (1) (c) of the Act) Product brochures are freely obtainable from Lafarge and/or stockists. Product information is also available on the Lafarge website: RECORDS AVAILABLE ON REQUEST IN TERMS OF THE PROVISIONS OF THE ACT Section 51(1)(e) of the Act requires sufficient details to facilitate a request for access to a record of the private body, a description of the subjects on which the body holds records and the categories of records held on each subject. The Lafarge contact person has been delegated with the task of receiving and co-ordinating all requests for access to information in terms of the Act. Requests should accordingly be directed to the designated contact person at the address referred to on page 2 hereof and must substantially correspond with form C hereof and Annexure B to Government Notice No. R. 187 dated 15 February 2002, and should be specific in terms of the information requested and the business location of that information. If the requester is uncertain as to the exact location and specific description of the record concerned, he/she is invited to contact the Lafarge contact person who will assist in identifying the information concerned. Lafarge holds information on the subjects underlined and listed below. Reflected beneath each subject is a broad indication of the categories of records held on each subject: ACCOUNTING, FINANCE AND TAXATION - Accounting (financial and management) - Annual financial statements - Auditing - Audits - Banking - Books of account - Budgets - Capital expenditure - Costs - Creditors - Debtors - Fixed asset registers - Forecasts - Forex - Inventories - Invoices, Statements and Vouchers - Legal proceedings for collection of outstanding payments - Loans - Policies and Procedures - Project Finance - Records / Returns pertaining to company tax, STC, PAYE, VAT, RSC levies and CGT - Reports - Statutory Returns - Taxation COMPANY SECRETARIAL, LEGAL SERVICES AND ADMINISTRATION - Acts and amendments - Agreements, Contracts and Correspondence various - Annual Financial Statements - Application, notices and permits in terms of Minerals Act (51/1991) - Appointments - Associated Companies information - Certificates of Incorporation - Certificates to Commence Business - Commercial Law matters - Companies Act records - Competition Law - Corporate Identity - Correspondence general - Directors Attendance registers - Directors board meetings, minutes and agendas - Directors committee meetings, minutes and agendas - Documents, Information and Returns - Group Company information - Intellectual Property records - Joint Venture and Partnerships Agreements Page 6

7 - Land Claims - Lease and Instalment Sale Agreements - Legal Correspondence, Legal Proceedings - Legal opinions various - Legislation various - Licences, permissions and exemptions ENVIRONMENTAL / ECOLOGY - Memorandum and Articles of Association - Property and Mineral Leases - Property Registers - Registers required in terms of Companies Act - Share Certificates - Shareholders Agreements - Signing Authorities - Shareholder s meetings, minutes and agendas - Statutory documents, information and returns - Strategic planning - Subsidiary Companies information - Titled Deeds, licenses and permits - various - Buildings/ property - Conservation - Correspondence - Emission Control records - Environmental impact studies - Environmental Management Programmes - ISO Minutes - Noise records - Occupational hygiene - Permits - Projects - Rehabilitation - Reports - Research HUMAN RESOURCES - Benefit Schemes: rules and records - Career Path Assessment - Clinic services - Complements and strengths - Conditions of Employment - Corporate Social Responsibility - Disciplinary records - Documents various: appointments; promotions; dismissals; supervisions; and disciplinary actions - Employee development - Employment equity reports - Housing Loans and Assistance - Industrial relations - Job Applications and Appointments - Labour broker Agreements - Minutes of Meetings - OHASA records - Payroll records - Personnel Records - Policies and procedures - Reports - Scholarships / bursaries - Seta records - Statutory and Non-Statutory returns - Training schedules and materials - Workplace and Trade Union Agreements and Records INFORMATION TECHNOLOGY - Contracts various - Correspondence - Databases - Disaster recovery - Internet - Intranet - Licences - Policies, procedures and standards - Research - Security - System documentation and manuals - User liaison - Y2K documentation INSURANCE AND RISK MANAGEMENT - Claims documentation - Correspondence - Insurance policies and registers - Risk Management programme - Risk Management Surveys and action plans Page 7

8 LOGISTICS - Clearing and forwarding Agreements - Distribution, handling, packaging and storage Agreements - Transportation Agreements MINING AND RECOVERY - Engineering Information - Geology - Geotech - Metallurgy Information - Mine planning Information - Mining Procedures - Mining techniques - Projects / Various - Recovery methods - Reports / Various - Resource databases - Survey Information - Technical Service Information RETIREMENT AND BENEFIT FUNDS - Administration Agreements - Booklets - Claims - Communications - Financial - Forms - Membership - Trustee minutes MAINTENANCE - Emergency response plans - Maintenance and inspection schedules - Operating procedures - Preventative maintenance programmes MANUFACTURING AND PRODUCTION - Cost analyses - Inventory control and procurement - Packing and despatch - Product performance test results - Procurement - Quantity Assurance - Specifications and Statistics - Technical services - Technical training PUBLIC AND CORPORATE AFFAIRS - Community and Social Responsibility - Corporate Responsibility - Environmental Awareness - HIV/AIDS - Photographic Library - Press Releases - Producer Relations - Public Relations - Publications In-House - Shows, presentations and videos - Sponsorship PROCUREMENT AND SUPPLY CHAIN MANAGEMENT - Documents and Agreements relating to procurement and supply of commodities and services Page 8

9 RESEARCH AND DEVELOPMENT - Feasibility studies - Geological and Prospecting data - Mineral resource management - Patents Technology - Procedures - Projects - Reports Technology - Resource sampling - Specifications - Technical documents and notes SALES AND MARKETING - Advertising and Promotional material - Agreements - Brand policy and standards - Customer services - E-commerce - Print and Audio - Visual material - Sales and Customer records - Statistics - Product pricing - Tenders SECURITY - Ammunition and firearm registers - Emergency Procedures - Explosives Register - Incident Logs - Investigations - Projects / Various - Reports / Various - Surveillance - Training SAFETY, HEALTH AND ENVIRONMENT - Accident Investigations - Documents relating to water conservation, waste management and emission control - Emergency Procedures - Environmental Management plans - Good Housekeeping - Legal Appointments - NOSA Information - Policy and Procedures environmental and safety and health - Registers / Various - Reports / Various - Safety Statistics - Safety, Health and Environmental audits and inspections - SHE Minutes of Meeting - SHE Records - SHE Training The records are held across the following Lafarge business areas in South Africa and by the Administrators of its Retirement Funds: Cape Town Branch Corporate Headquarters (Woodmead, Sandton) Durban and Johannesburg Branch Liberty Corporate Benefits (Braamfontein, Johannesburg) Lichtenburg Works (North- West Province) Alexander Forbes Consultants and Actuaries (Sandown, Johannesburg) The above-mentioned records are of a confidential nature and only accessible to authorised people. Page 9

10 AVAILABILITY OF THE MANUAL (Section 51(3) of the Act) The manual is available for inspection at Lafarge Head Office at the address referred to on page 2, the South African Human Rights Commission and the Government Gazette. REQUEST PROCEDURES AND FEES In terms of Section 53, a request for access to a record of Lafarge must be made to the designated contact person in the prescribed form: The requester will be asked to pay the prescribed fee before further processing the request. A person who seeks access to a record containing personal information about themselves is not required to pay a fee. Any other person will be required to pay the request fee of R50,00. Fees payable for the gathering and supply of information were prescribed by the Minister of Justice and Constitutional Development in Government Notice R.187 dated 15 February GROUND FOR REFUSAL OF ACCESS TO RECORDS AND PROTECTION OF INFORMATION In terms of Chapter 4 of the Act, the head of a private body must refuse access to information falling into the following categories, save in circumstances provided for in the Act: Mandatory protection of the privacy of a third party who is a natural person. Mandatory protection of the commercial information of a third party. Mandatory protection of certain confidential information of a third party. Mandatory protection of the safety of individuals and the protection of property. Mandatory protection of records privileged from production in legal proceedings. The commercial information of Lafarge. Mandatory protection of research information of a third party. Despite any provisions of the Act, a request must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law, or imminent and serious public safety or environmental risk, and, the public interest in the disclosure of the record clearly outweighs the harm contemplated. (Section 70 of the Act). Page 10

11 Prescribed Forms Section FORM C REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53(1) of the promotion of Access to information Act, 2000 (Act No. 2 of 2000)) [Regulation 10] A. Particulars of private body The Head: B. Particulars of person requesting access to the record (a) The particulars of the person who requests access to the record must be given below. (b) The address and/or fax number in the Republic to which the information is to be sent must be given (c) Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Fax number: Telephone number: address: Capacity in which request is made, when made on behalf of another person: Page 11

12 C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person Full names and surname Identity number: D. Particulars of record (a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1. Description of record or relevant part of the record: 2. Reference number, if available: 3. Any further particulars of record: E. Fees (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. (b) You will be notified of the amount required to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason for exemption. Page 12

13 Reason for exemption from payment of fees: F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required: Mark the appropriate box with an X. NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. (c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* Inspection of record 2. If record consists of visual images (this includes photographs, slides, video recordings, computer- generated images, sketches, etc.) view the images copy of the images* transcription of the images* Page 13

14 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document) 4. If record is held on computer or in an electronic or machine- readable form: printed copy of record* printed copy of information derived the record* copy in computer readable form* (stiffy or compact disc)* *If you requested a copy of transcription of a record (above), do you wish the copy or transcription to be posted to you? YES NO Postage is payable. G. Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right: H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. How would you prefer to be informed of the decision regarding your request for access to the record? Page 14

15 Signed at this day of 20 SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE Page 15