PAIA Manual

Prepared in terms of section 51 of Promotion of Access to Information Act, 2000 (“the Act”). Premier FMCG (Pty) Limited 1968/002379/07.

Premier FMCG (Pty) Limited

Premier FMCG (Pty) Limited ("Premier") is a miller and manufacturer of fast moving consumer goods.

Aim of the Manual

The purpose of this manual is to facilitate requests for access to information of Premier in terms of the Act.

Contact Details

The Guide

In terms of Section 10 of the Act, the Human Rights Commission has compiled a guide containing such information as may reasonably be required by a person who wishes to exercise any rights in terms of the Act. The guide may be obtained from the Commission:

Records Available in Terms of Other Legislation

Certain records held by Premier are available in terms of legislation other than the Act. The specific records which are available in terms of such legislation are set out in that legislation and these records may in certain instances only be accessed by the persons specified in the relevant legislation. The legislation is as follows:
• Companies Act, 2008
• Foodstuffs, Cosmetics and Disinfectants Act, 1972
• Occupational Health and Safety Act, 1993
• Labour Relations Act, 1995
• Income Tax Act, 1962

Categories of Information

This section sets out the categories of records held by Premier. Inclusion of any category should not be taken as an indication that any of the records will be made available under the Act. Certain grounds for refusal in terms of the Act may be applicable to a request of the records.

Corporate Records

Financial Records; Employment Equity Reports; Incorporation Documents; Minutes Books and Resolutions; External Communication; Policies and Procedures; Statutory Records; Products and Services Records; Policies; Legal Reports and Opinions; Certificates and Licences.

Information Technology

Software, maintenance and support agreements.

Human Resources

List of Employees; Employment Agreements; Conditions of Employment; Leave records; Training Records; UIF Returns.

Intellectual Property

Trademarks, patents, copyrights and designs held by Premier.

Immovable and Movable Property

Title deeds; Lease agreements; Mortgage bonds and notarial bonds.

Licences

Licences, approvals and certificates.

Insurance

Insurance policies.

Information relating to current divisions of Premier

Categories of Records Which are Available Without Request

No notices relating to Premier have been published by the Minister in terms of Section 52(2) of the Act. Certain records are available without needing to be requested in terms of the request procedures set out in the Act and provided for in this manual. This information may be inspected, collected, purchased or copied (at the prescribed fee for reproduction) at Premier’s head office. Certain information is also available on the Premier website.

Availability of the Manual

Copies of the manual, prescribed request form and fees payable, can be obtained from Premier’s head office:

The prescribed forms and fees payable may also be obtained from The Human Rights Commission, Department of Justice and Constitutional Development website www.doj.gov.za.

Request for Access to Record of a Private Body

A request for access to records held by Premier in terms of section 50 of the Act must be made on the form contained in the Regulations published in terms of the Act. The request must be made to Premier at the address, telefax number or email address specified in paragraph 3.

A schedule setting out the fees in relation to requesting copies of various records is available on request.

A requester must provide sufficient detail on the prescribed form to allow Premier to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to Premier. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.

The requester is furthermore required to identify the right that he, she or it is seeking to exercise by accessing records held by Premier and to explain why the particular record or records requested is or are required for the exercise or protection of that right.

Premier may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of the Act. These grounds for refusal include: (i) that access would result in the unreasonable disclosure of personal information about a third party, (ii) that it is necessary to protect the commercial information of a third party or of Premier itself, (iii) that it is necessary to protect the confidential information of a third party, (iv) that it is necessary to protect the safety of individuals or property, (v) that a record constitutes privileged information for the purpose of legal proceedings, or (vi) that it is necessary to protect the research information of a third party or Premier itself.

Premier is required to inform a requester in writing of its decision in relation to a request. If the requester wishes to be informed of Premier’s decision in another manner as well, this must be set out in the request and the relevant details included, allowing Premier to inform the requester in the preferred manner.

Premier will make a decision in relation to a request for records within 30 days of receiving it, unless third parties are required by law to be notified before then or the 30 day period is extended, as provided for in the Act, and will notify the requester accordingly.

Where a request is refused, a requester may apply to court within 30 days of being informed of the refusal of the request, for an order compelling the record or records requested to be made available to the requester or for another appropriate order. The court will then determine whether the records should be made available or not.

Request Form

To download the prescribed request form, kindly click here.