RCL Foods Limited

(“RCL Foods”)

Manual Prepared in Accordance with Section 51 of the Promotion

of Access to Information Act No. 2 of 2000 (“PAIA”)

INDEX

No. Title Pages

1. INTRODUCTION 2

2. CONTACT DETAILS 3

(section 51(1) (a) of the Act)

3. DESCRIPTION OF GUIDE IN TERMS OF SECTION 10 OF THE ACT 4

(section 51(1) (b) of the Act)

4. NOTICES IN TERMS OF SECTION 52(2) OF THE ACT 4

(section 51(1) (c) of the Act)

5. RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION 5

(section 51(1) (d) of the Act)

6. DETAILS OF RECORDS HELD BY RCL Foods 6

(section 51(1) (e) of the Act)

7. OTHER INFORMATION AS PRESCRIBED 9

(section 51(1) (f) of the Act)

8. AVAILABILITY OF THE MANUAL 9

(section 51(3) of the Act)

9. REQUESTS FOR INFORMATION 10

ANNEXURE: FORM C: REQUEST FOR ACCESS TO RECORD OF A PRIVATE BODY 11

2

1. INTRODUCTION

The Act PAIA was enacted to give effect to the constitutional right of

access to information, held by any public or private body,

which is required for the exercise or protection of any rights.

The Act sets out procedures to be followed when requesting

information, after which the requested information must be

released, unless the Act specifically provides that it is

privileged.

The Manual The manual is designed to assist potential requestors with the

procedure to be followed when requesting information from

RCL Foods, as contemplated in the Act. It may be amended

from time to time, and such amendments will be published.

The Company RCL Foods is a consumer focussed food business listed on the

Johannesburg Stock Exchange which, through its various

subsidiaries, adds value for consumers and customers through

its range of market leading brands.

Operating Subsidiaries - RAINBOW FARMS (PTY) LTD

- RCL GROUP SERVICES (PTY) LTD

- BONNY BIRD FARMS (PTY) LTD

- VECTOR LOGISTICS (PTY) LTD

- FOODCORP (PTY) LTD

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2. CONTACT DETAILS

[Section 51(1)(a)]

Name of Body: RCL Foods Limited

Contact Person: Stephen Heath

Physical Address: Six The Boulevard

Westway Office Park

Westville

3630

KwaZulu Natal

Postal Address: P O Box 2734

Westway Office Park

Westville

3635

Telephone Number: +27 (0) 31 242 8600

Fax Number: +27 (0) 86 679 6155

Email Address: Stephen.Heath@rclfoods.com

Website Address: www.rclfoods.com

4

3. DESCRIPTION OF GUIDE IN TERMS OF SECTION 10 OF THE ACT

[Section 51(1)(b)]

A Guide has been compiled, in terms of Section 10 of PAIA, by the South African Human

Rights Commission (“SAHRC”) containing such information as may reasonably be required by

a person wishing to exercise any right contemplated by PAIA. It is available in all of the

official languages.

The Guide is available for inspection, inter alia, at the office of the offices of the SAHRC

at:

29 Princess of Wales Terrace,

cnr York and St. Andrews Street,

Parktown

and on its website at www.sahrc.org.za

Telephone Number: +27 11 484 8300

Fax Number: +27 11 484 0582

Email Address: PAIA@sahrc.org.za

4. NOTICES IN TERMS OF SECTION 52(2) OF THE ACT

[Section 51(1)(c)]

This section deals with categories of records which are automatically available without

having to request access in terms in terms of PAIA, as per notice to be published by the

Minister in the Government Gazette. To date no such notice has been published.

5

5. RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION

[Section 51(1)(d)]

RCL Foods keeps records in accordance with other legislation including, but not limited

to, the following:

• Adult Basic Education and Training Act (52 of 2000)

• Agricultural Products Standards Act (119 of 1990)

• Animal Health Act 7 of 2002

• Animal Improvement Act (62 of 1988)

• Animal Protection Act (71 of 1962)

• Basic Conditions of Employment Act (75 of 1997)

• Broad Based Black Economic Empowerment Act (53 of 2003)

• Companies Act (71 of 2008)

• Compensation for Occupational Injuries and Diseases Act (130 of 1993)

• Conservation of Agricultural Resources Act (43 of 1983)

• Competition Act (89 of 1998)

• Consumer Protection Act 68 of 2008

• Deeds Registries Act 47 of 1937

• Employment Equity Act (55 of 1998)

• Engineering Profession Act (46 of 2000)

• Environment Conservation Act (73 of 1989)

• Fertilisers, Farm, Feeds, Agricultural Remedies and Stock Remedies Act (36 of

1947)

• Financial Intelligence Centre Act (38 of 2001)

• Firearms Control Act (60 of 2000)

• Foodstuffs, Cosmetics and Disinfectants Act (54 of 1972)

• Hazardous Substances Act (15 of 1973)

• National Health Act (61 of 2003)

• Income Tax Act (58 of 1962 and 95 of 1967)

• Insolvency Act (24 of 1936)

• Labour Relations Act (66 of 1995)

• Meat Safety Act (40 of 2000)

• Medical Schemes Act (131 of 1998)

• Medicines and Related Substances Act (101 of 1965)

• National Credit Act (34 of 2005)

• National Building Regulations and Building Standards Act (103 of 1977)

• National Development Agency Act (108 of 1988)

6

• National Environmental Management Act (107 of 1998)

• National Environment Management: Air Quality Act (39 of 2004)

• National Environment Management: Biodiversity Act (10 of 2004)

• National Environment Management: Waste Act (59 of 2008)

• National Water Act (36 of 1998)

• Occupational Health and Safety Act (85 of 1993)

• Pensions Funds Act (24 of 1956)

• Project and Construction Management Professions Act (48 of 2000)

• Promotion of Access to Information Act (2 of 2000)

• Securities Services Act (36 of 2004)

• Skills Development Act (97 of 1998)

• Skills Development Levies Act (97 of 1998)

• Trade Marks Act (194 of 1993)

• Trade Metrology Act (77 of 1973)

• Transfer Duty Act 40 of 1949

• Unemployment Insurance Act (30 of 1966)

• Value-Added Tax Act (89 of 1991)

6. DETAILS OF RECORDS HELD BY RCL FOODS

[Section 51(1)(e)]

The following records are held by RCL Foods:

Company Secretarial

• Company statutes including but not limited to Memorandum of Incorporation

• Registers

• Minutes of meetings

• Statutory returns

• Powers of attorney

• Share certificates

• Securities registers

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Movable and Immovable Property

• Title deeds

• Lease agreements

• Credit agreements

• Ordinary and conditional sale agreements

• Surveyor General Diagrams

Intellectual Property

• Trade mark

• Copyright

• Designs

• Licensing agreements

Insurance

• Policies

• Insurance claim files

Taxation

• Income tax files

Human resources

• Accounting and payroll records

• Employee information

• Personnel files

• Agreements

• General terms of employment

• Forms and applications

• UIF returns

• Leave records

• Performance management records

• Policies and procedures

• Standard letters and notices

• Workplace and union agreements and records

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• Employee benefit arrangements, rules and records

Finance

• Financial statements

• Accounting records

• Reports and returns

• Banking details and bank account records

• Debtors / Creditors statements and invoices

Operations

• Permits, licences, consents, approvals, authorisations, applications and

registrations

• Policies and procedures

• Reports and supporting documentation

• Contractor, client and supplier agreements and information

• Security documents

Products

• Formulation of products

• Product lists

• Pricing lists and pricing information

Sales and Distribution

• Contracts

• Customer register

• Records of orders and product sales

• Correspondence with customers

Information technology

• System documentation and manuals

• Intranet

9

Legal

• Contracts

• Commercial disputes

• Litigation

• Standard Terms and Conditions

Administration

• Correspondence with internal and external parties

7. OTHER INFORMATION AS PRESCRIBED

[Section 51(1)(f)]

The Minister has to date not published any regulations in the Government Gazette in

terms of this section.

8. AVAILABILITY OF THE MANUAL

[Section 51(3)]

This manual is available as follows:

• In hard copy, to be viewed free of charge at the offices of RCL Foods;

• At the offices of the SAHRC;

• In the Government Gazette;

• On the RCL Foods website.

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9. REQUESTS FOR INFORMATION

• The requester must use the prescribed Form C (which is reproduced at the end of

this manual) to make a request for access to a record. The request must be

made to the contact person and using the contact details as provided in section

2 of this manual.

• The request form must:

o provide sufficient detail to enable the contact person to identify the

record and the requester;

o Include proof of the capacity in which the requester is making the request

if the request is made on behalf of a person;

o indicate the form of access which is required;

o state the necessary particulars, if the requester wishes to be informed of

the decision on the request in a manner other than by written reply;

o identify the right the requester is seeking to exercise or protect, and

provide an explanation of why the requested record is required for the

exercise or protection of that right.

• The head of the private body must notify the requester (other than a personal

requester) by notice, requiring the requester to pay the prescribed fee (R50 for

private bodies) before further processing the request. The requester may lodge

an internal appeal or an application to the court against the tender or payment

of the request fee.

• The head of the private body will then make a decision on the request and notify

the requester in the required form.

§ If the request is granted, then a further access fee must be paid for the

reproduction, search and preparation of the records for disclosure, as well as for

any time that has exceeded the prescribed hours. The prescribed fees are

available on the SAHRC’s website (www.sahrc.org.za) or the Department of

Justice and Constitutional development’s website (www.doj.gov.za).

Manual updated May 2012 in terms of section 52(2) of the Act.

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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: _____________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Attention: ___________________________________________________________________________________

Fax number: __________________________ Telephone number: ________________________________

E-mail address: ___________________________________________

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Capacity in which request is made, when made on behalf of another person:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

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.

Description of record or relevant part of the record: __________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Reference number, if available: _____________________________________________________________

Any further particulars of record: _____________________________________________________________

_____________________________________________________________________________________________

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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.

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 below, 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 for access 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

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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*

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 from

the record*

copy in computer

readable form*

(stiffy or compact

disc)

*If you requested a copy or transcription of a record (above), do you wish

the copy or transcription to be posted to you?

Postage is payable.

YES

NO

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.

Indicate which right is to be exercised or protected: ____________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________________

Explain why the record requested is required for the exercise or protection of the

aforementioned right:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

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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?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Signed at on this day of ______________ 20__

___________________________________________

SIGNATURE OF REQUESTER / PERSON

ON WHOSE BEHALF REQUEST IS MADE