Terms & Conditions

Part 1 - Introduction

The Promotion of Access to Information Act, 2 of 2000 (“the Act”) was enacted on 3 February 2000, to give effect to the provisions of section 32 of the Constitution, which provides that any person has a right to gain access to information held by a public or private body, when that information is required for the exercise or protection of any rights, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request. In terms of the Act, a private body includes any former or existing juristic person.

Part 2 PRETORIA PORTLAND CEMENT

PPC LTD ("PPC") is a public company listed on the JSE Limited (the Johannesburg Securities Exchange). This manual is relevant and has application for the major subsidiaries/portfolios/subgroups of companies in "PPC" as set out in the list below. In this manual, any reference to "PPC" includes any of the entities on below:

PPC Cement SA (Pty) Ltd
PPC South Africa Holdings (Pty) Ltd
PPC International Holdings (Pty) Ltd
PPC Group Services (Pty) Ltd
Property CATS (Pty) Ltd
PPC Aggregate Quarries (Pty) Ltd
Safika Cement Holdings (Pty)
PPC Lime Limited
PPC Ntsika Fund (Pty) Ltd
PPC Black Managers Trust Funding SPV (Pty) Ltd
Pronto Holdings (Pty) Ltd
3Q Mahuma Concrete (Pty) Ltd

Part 3

Part 4

Part 5

MANUAL

This manual is intended to promote a culture of transparency and accountability by giving effect to the right to information that is required for the exercise or protection of any right. In order to promote effective governance of private bodies, it is necessary for individuals to be able to exercise their rights in terms of the Act in relation to public and private bodies. This manual will enable requestors to obtain the records which they are entitled to in a quick, easy and accessible manner.
However, Section 9 of the Act recognises that the right to access to information is not an unlimited or absolute right and is subject to justifiable limitations:

•   Aimed at the reasonable protection of privacy;
•   Relating to commercial confidentiality;
•   With regard to effective, efficient and good governance;
•   Which balances that right with any other rights, including such rights as contained in the Bill of Rights in the Constitution.

More information and a guide on the Act is available from:

The South African Human Rights Commission (Head Office)
Braampark Forum 3
33 Hoofd Street
Braamfontein

Telephone: (011) 877 3600
Website: www.sahrc.org.za
E-mail: info@sahrc.org.za

Part 6

ACCESS TO THE RECORDS HELD BY PPC LTD

Upon written notice and via use of the prescribed forms, interested parties can make application to access and view records, within reasonable company hours.
Section 50(1) (a) A requester must be given access to any record of a private body if-
(a) that record is required for the exercise or protection of any rights;
Interested parties should contact any of the Information Officers in order to make an appointment to view records to which they may be entitled to have access.

Records are kept at:
148 Katherine Street
(Cnr Grayston Drive)
Sandton
Johannesburg
2146

Part 7

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main grounds for PPC to refuse a request for information relates to the:
7.1    Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
7.2    Mandatory protection of the commercial information of a third party, if the record contains
7.2.1    trade secrets of that third party;
7.2.2    financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
7.2.3    information disclosed in confidence by a third party to PPC, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
7.3    Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
7.4    Mandatory protection of the safety of individuals and the protection of property;
7.5    Mandatory protections of records which would be regarded as privileged in legal proceedings;
7.6    The commercial activities of PPC, which may include –
7.6.1    trade secrets of PPC;
7.6.2    financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of PPC;
7.6.3    information which, if disclosed could put PPC at a disadvantage in negotiations or commercial competition;
7.6.4    a computer program which is owned by PPC and which is protected by copyright.

7.7    The research information of PPC or a third party, if its disclosure would disclose the identity of the researcher or the subject matter of the research and would place PPC or the research at a disadvantage;

7.8        A mere desire or want on the requester’s part to have access to the record is insufficient to discharge the onus the requester bears of demonstrating a need to have the record.

Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources, shall be refused.

Part 8

RECORDS AVAILABLE ONLY ON REQUEST TO ACCESS IN TERMS OF THE ACT

This list below summarises the subjects/categories of records that PPC and all its subsidiaries hold. These records comprise of personnel records, customer-related records, private-body records, other-party records, own records, and include:

Financial records
Operational records
Databases
Information Technology records
Marketing records
Internal and external correspondence
Product records
Statutory records and related information
Administrative records of a wide range
Internal policies and procedures
Treasury-related records
Securities and equities
Records which are pertain to PPC’s own affairs
Records held by PPC pertaining to other parties provided by the other party
Personnel records
Customer-related records
Legal records
Insurance records
Contracts and agreements of a wide range
Share-based incentive scheme records
Pension and provident fund records
Taxation records
Environmental/Public safety records
Employment Equity information
Patents, trade mark, trade names and protected names records
Business licenses.

Note that the accessibility of the records may be subject to the grounds of refusal set out in this manual. Amongst others, records deemed confidential on the part of a third party and its staff, will necessitate permission from the third party or staff member concerned, in addition to the normal requirements, before PPC will consider providing access to such records.

Part 9

RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF THE ACT

Records of a public nature, typically, those disclosed on the PPC website and in its various annual reports, may be accessed without the need to submit a formal application.

Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with any of the Information Officers.

Part 10

RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

Where applicable to its operations, PPC also retains records and documents for the prescribed timeframe in terms of the legislation listed below. Any records that are required to be made available in terms of these acts and the Listing Requirements as laid down by the JSE Limited, shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act and the below-mentioned legislation, should interested parties be entitled to access such information.
It is recorded that the accessibility of the documents listed herein may be subject to the grounds of refusal set out in this manual.

Attorneys Act 53 of 1979
Basic Conditions of Employment Act 75 of 1997
Broad-Based Black Economic Empowerment Act53 of 2003
Businesses Act 71 of 1991
Companies Act 71 of 2008 and Companies Regulations, 2011
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Competition Act. 89 of 1998
Constitution of South Africa Act 108 of 1996
Consumer Protection Act 68 of 2008
Copyright Act 98 of 1978
Credit Agreements Act 75 of 1980
Customs and Excise Act 91 of 1964
Debt Collectors’ Act 114 of 1998
Designs Act 195 of 1993
Electronic Communications Act 36 of 2005
Employment Equity Act. 55 of 1998
Financial Advisory and Intermediary Services Act37 of 2002
Financial Intelligence Centre Act 38 of 2001
Financial Markets Act 19 of 2012
Identification Act 68 of 1997
Income Tax Act No. 58 of 1962
Insider Trading Act 135 of 1998
Insolvency Act No. 24 of 1936
Inspection of Financials Institutions Act 18 of 1998
Intellectual Property Laws Amendment Act 38 of 1997
Labour Relations Act No. 66 of 1995
Leases of Land Act 18 of 1969
Long Term Insurance Act 52 of 1998
Mine Health and Safety Act 29 of 1996
Mineral and Petroleum Resources Development Act 28 of 2000
National Credit Act 34 of 2005
National Environmental Management Act 107 of 1998
National Road Traffic Act 93 of 1996
Occupational Health and Safety Act 85 of 1993
Pension Funds Act 24 of 1956
Prescription Act No. 68 of 1969
Prevention of Organised Crime Act 121 of 1998
Road Transportation Act 74 of 1977
Short term Insurance Act 53 of 1998
Skills Development Levies Act 9 of 1999
Stock Exchanges Control Act 1 of 1985
Taxation Laws Amendment Act 7 of 2010
Trade Marks Act 194 of 1993
Securities Transfer Tax Act 25 of 2007
Unemployment Contributions Act. 63 of 2001
Unemployment Insurance Act 63 of 2001
Value-Added Tax Act 89 of 1991

Part 11

THE REQUEST PROCEDURES

Form of Request:

11.1 A requester must comply with all the procedural requirements contained in the Act and in this manual relating to the request for access to a record.

11.2 To request a document that does not fall within the ambit of the Act, the requester must direct the request to the Information Officer in writing, and request an appointment to view the documentation.

11.3 To request a document that does fall within the ambit of the Act, the requester must make use of the form enclosed herewith. This form must be completed and must be submitted to the Information Officer at the address stated above together with payment of a request fee (and a deposit, if applicable).

11.4 The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record requested.

11.5 The requester must amongst others sufficiently identify himself/herself and provide his/her contact details.

11.6 The requester must indicate which form of access is required, should the request be granted.

11.7 The requester must identify the right being exercised or protected, and provide an explanation as to why the requested record is necessary to exercise or protect that right.

11.8 PPC will process the request within 30 days, unless the requestor has given special reasons, which satisfy the Information Officer that circumstances dictate a shorter turn-around time. However, the 30-day period may be extended for a further period of not more than thirty days if the request is for a voluminous number of records, or the request requires a search for information held at another office of PPC (typically historic records stored off-site) and the information cannot readily be obtained within the original 30-day period. PPC will notify the requester in writing should an extension be sought.

11.9 The requester shall be informed in writing whether access has been granted or denied.

11.10 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer and, where applicable, a consent form/letter of authority must accompany the request.

11.10.1 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the Information Officer.

11.10.2 Records held by PPC may be accessed only once all the prerequisite requirements for access have been met.

MANUAL FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT No. 2 of 2000 of PRETORIA PORTLAND CEMENT LIMITED