SECTION 51 INFORMATION MANUAL

1. INTRODUCTION

1.1      The Ferro Alloy Producers Association, registration number LR2/6/3/152 (“Association”),  promotes, encourages and protects the common interests of members operating in the South African ferro alloy industry. It acts as the centre for industry liaison, contact and knowledge and also cooperates with members and other industry stakeholders.

1.2      The Association’s objectives are:

(a)    To promote, encourage and protect the interests of members and to deal with each and all such matters as may affect the common interests of the members;

(b)    To promote, encourage, support, or oppose any proposed legislation or proposed amendment of legislation or proposed statutory provision or other proposed administrative or legislative measure affecting the interests of the Association or its members. To make representations to any Government, Minister or Public Authority, Municipal, local, or otherwise, as to the necessity for an enactment or amendment of legislation or for the issue of regulations, bylaws, ordinances, or rules;

(c)     To collect, collate, tabulate, and disseminate any information likely to be of use to members in a manner not inconsistent with the FAPA Competitions Law Compliance Policy;

(d)    Whenever requested by a member or members to provide assistance to members on matters affecting the relationship between themselves and their employees or trade unions;

(e)    Whenever requested by a member to encourage the settlement of disputes between members and their employees or trade unions by conciliation, mediation, or arbitration;

(f)     To plan and organise its administration and lawful activities;

(g)    Whenever considered necessary by the Executive Committee of the Association, to affiliate with and participate in the affairs of any federated body, national or international employers’ or other association whose objects are wholly or in part similar to those of this Association;

(h) To encourage and promote an advance in the overall levels of technical abilities and capabilities at all levels in operational employees of members;

(i)     To cooperate with members and code-making bodies;

(j)     To act as the centre for industry liaison, contact and knowledge;

(k)     To establish and administer funds for the furtherance of the objectives of the Association;

(l)      To secure contributions to the funds of the Association by such means as may be decided on;

(m)   Print and publish or to assist financially, or to subsidise any newspapers, periodicals, books, or leaflets, that the Association may think desirable for the promotion of any of its objects and to establish and maintain a reference library consisting of books and publications containing information;

(n)    Borrow, invest, lend, subscribe, or donate money for the furtherance of the objectives of the Association;

(o)    Participate and present at seminars, congresses and indaba’s in order to promote the objectives of the association and to gain additional support where applicable.

(p)    Do such lawful things as may appear to be in the interest of the Association and its members and which are not inconsistent with the objectives or any matter specifically provided for in this Constitution.

1.3      Capitalised terms not otherwise defined in this section 51 information manual (“Information Manual”) shall have the meaning ascribed to them in the Act.

2. CONTACT DETAILS

2.1      The Association has authorised the Chairperson, CM Bester (“Information Officer”) to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2000 (“Act”).

2.2      Any Request for Access must be made to the Information Officer at the contact details below:

(a) Physical Address: 15 Pikkewyn Street, Paternoster, 7381, Western Cape

(b) Postal Address: 15 Pikkewyn Street, Paternoster, 7381, Western Cape

(c) Telephone: +27 (83) 444 1365

(d) Email: christa@associationadministrator.co.za

(e) Website: www.fapa.co.za

3. THE ACT AND SECTION 10 GUIDE

3.1      The Act grants a Requester access to Records of a private body, if the Record is required for the exercise or protection of any rights. If a public body lodges a Request, the public body must be acting in the public interest.

3.2      Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

3.3      Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission (“SAHRC”), which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

3.4      The contact details of the PAIA Unit of the SAHRC are:

(a) Postal Address: Private Bag 2700, Houghton, 2041

(b) Telephone: +27 (0) 11 877 3600

(c) Email: paia@sahrc.org.za

(d) Website: www.sahrc.org.za.

3.5      The contact details of the regulatory body (the Information Regulator) are:

(a) Postal Address: PO Box 31533, Braamfontein, 2017

(b) Email: inforeg@justice.gov.za

(c) Website: www.justice.gov.za/inforeg/.

4. APPLICABLE LEGISLATION

4.1 The following legislation may apply to the Association:

Act

Basic Conditions of Employment Act 75 of 1997

Companies Act 71 of 2008

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Constitution of the Republic of South Africa Act 108 of 1996

Employment Equity Act 55 of 1998

Labour Relations Act 66 of 1995

Occupational Health & Safety Act 85 of 1993

Pension Funds Act 24 of 1956

Prevention and Combating of Corrupt Activities Act 12 of 2004

Promotion of Access to Information Act 2 of 2000

Promotion of Equality and Prevention of Unfair Discrimination Act 52 of 2002

Protection of Personal Information Act 4 of 2013

Skills Development Act 97 of 1998

Skills Development Levies Act 9 of 1999

Unemployment Contributions Act 4 of 2002

Unemployment Insurance Act 30 of 1966

5. VOLUNTARY DISCLOSURE

The Association has not published notices in terms of section 52 of the Act, however, certain information relating to the Association’s services are freely available on its website.

6. SCHEDULE OF RECORDS HELD BY THE ASSOCIATION

6.1      The following Association Records may be available upon Request:

(a) Internal records

(i) Association founding documents

(ii) Statutory records

(iii) Financial records

(iv) Policies, procedures and standards

(b) Personnel records

(i) Records provided to the Association by its personnel

(ii) Records a third party has provided to the Association about its personnel

(iii) Industrial and labour relations records

(iv) Conditions of service and similar personnel-related records

(v) Personnel guidelines, policies and procedures

(c) Customer records

(i) Records a customer has provided to the Association

(ii) Records a third party has provided to the Association either directly or indirectly

(iii) Records created by the Association pertaining to the customer

(iv) Customer and supplier registries

(d) Other party records

(i) Records kept in respect of other parties, and records kept by other parties that may      belong to the Association.

7. FORM OF REQUEST

7.1      The above schedule of Records does not imply that a Request for Access to such Records will be honoured and does not give rise to any rights (in contract or otherwise), other than in terms of the Act. All Requests for Access shall be evaluated on a case-by- case basis, and the Association reserves the right to refuse access to Records in accordance with the provisions of the Act.

7.2      Requests for Access to Records held by the Association must be made using the prescribed form, attached hereto as Annexure A for ease of reference.

7.3      Requests for Access to Records should be addressed to the Information Officer of the Association and must contain sufficient details to enable the Association to identify the:

(a) Record(s) requested

(b) Requester (the Association will verify the identity or proof of authority, in the case of an agent)

(c) Form of access required

(d) Contact details of the Requester and the manner in which the Requester would like to be informed (i.e. post, email or telephone)

(e) Right which the Requester is seeking to exercise or protect and an explanation of the reason(s) the Record is required to exercise or protect that right.

8. AVAILABILITY OF THE INFORMATION MANUAL

The Information Manual is available for inspection at the offices of the Association. A copy can be obtained from the Association’s website or physical address set out above. This Information Manual may be updated from time to time.

9. PRESCRIBED FEES

The Association may charge a request fee and an access fee for each Request for Access to Records (other than a personal Requester). The prescribed fees are available from the Department of Justice and Constitutional Development’s website (https://www.justice.gov.za/paia/paia-faq.htm). Records may be withheld until the fees have been paid.

Click here to download the application to request for access of private body.