MegChem Engineering and Drafting Services (Pty) Ltd

SECTION 51 MANUAL

 

CONTENTS

1.	Introduction to MegChem Holdings LTD
2.	Information on the Head of the Company as Required Under Section 51 (1)(a)
3.	Description of the Guide Referred to in Section 10 as Required Under Section 51 (1)(b)
4.	Latest Notices in terms of Section 52 (2) as required under Section 51 (1)(c)
5.	Records available in terms of other Legislation as required by Section 51 (1)(d)
6.	Subjects and Categories of Records as required by Section 51 (1)(e)
7.	Grounds for Refusal of Access to Records in terms of Chapter 4
8.	Details to facilitate a Request for Access to Records in terms of Section 53 and Section 54 as required under Section 51 (1)(e)
9.	Other Information as required under Section 51 (1)(f)
10.	Availability of this Section 51 Manual as required under Section 51 (3)
11.	Standard Letter
Notes:	Documents pertaining to this Section 51 Manual are available in the electronic library under Level I Procedures

 

1 Introduction to MegChem Holdings Ltd

MegChem Holdings Ltd is the Holdings Company of a diverse group of Companies, focusing on Mechanical Engineering, Chemical Engineering, Metallurgical Engineering, Drafting, Manufacturing, Construction and Installation. The following Companies are included in this Group of Companies:

• MegChem Engineering and Drafting Services (Pty) Ltd
• MegChem Projects (Pty) Ltd
• SecMet (Pty) Ltd
• Pressure Vessel Support Services (Pty) Ltd

This list is not necessarily limited to the above and should not be viewed as a complete list. Please contact the Head of the Company as and when the need for additional information arises.

 

2 Information on the Head of the Company as required under Section 51 (1)(a)

Full Name:	August Ysbrand Zerwick
Postal Address:	PO Box 2040 Secunda 2302
Physical Address:	2nd Floor Secunda Mall Building Nico Diedericks Street Secunda CBD Secunda 2302
Telephone Number:	+27 (0) 17 620 2201
Facsimile Number:	+27 (0) 17 620 2222
E-mail Address:	doc.control@megchem.co.za

 

3 Description of the Guide referred to in Section 10 as required under Section 51 (1)(b)

The Guide referred to in Section 10 of the Promotion of Access to Information Act (Act 2 of 2000), has been compiled, in terms of this Section, by the Human Rights Commission. This Guide contains information required by any and all persons wishing to exercise any rights whatsoever, contemplated by the Promotion of Access to Information Act (Act 2 of 2000). This Guide shall be made available in all Official Languages. This Guide shall be made available at the offices of the South African Human Rights Commission.

 

South African Human Rights Commission:

Postal Address:	Private Bag 2700 Houghton 2041
Physical Address:	29 Princess of Wales Terrace Corner of York Street and St. Andrews Street Parktown Johannesburg
Telephone Number:	+27 (0) 11 484 8300
Facsimile Number:	+27 (0) 11 484 0582
E-mail Address:	paia@sahrc.org.za
Website:	www.sahrc.org.za

 

4 Latest Notices in terms of Section 52 (2) as required under Section 51 (1)(c)

At this stage no Notice(s) applicable to Private Bodies has / have been published in any Government Gazette, identifying certain Records being automatically available to a person, without having to request access in terms of the Promotion of Access to Information Act (Act 2 of 2000). However, the following Document(s) shall be made available without having to request access in terms of the Promotion of Access to Information Act (Act 2 of 2000):

Company Profiles:

MegChem Holdings Group of Companies This list is not necessarily limited to the above and should not be viewed as a complete list. Please contact the Head of the Company as and when the need for additional information arises.

 

5 Records available in terms of other Legislation as required by Section 51 (1)(d)

Records in terms of the following Legislation shall be made available for inspection:

• Administration of Estates Act (Act 66 of 1965)
• Arbitration Act (Act 42 of 1965)
• Basic Conditions of Employment Act (Act 75 of 1997)
• Closed Corporations Act (Act 69 of 1984)
• Companies Act and Regulations (Act 61 of 1973)
• Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993)
• Consumer Affairs (Unfair Business Practices) Act (Act 71 of 1988)
• Copyright Act (Act 98 of 1978)
• Credit Agreements Act (Act 75 of 1980)
• Currency and Exchange Act (Act 9 of 1933)
• Debtor Collectors Act (Act 114 of 1998)
• Employment Equity Act (Act 55 of 1998)
• Finance Act (Act 35 of 2000)
• Financial Services Board Act (Act 97 of 1990)
• Financial Intelligence Centre Act (Act 36 of 2000)
• Financial Relations Act (Act 65 of 1976)
• Harmful Business Practices Act (Act 23 of 1999)
• Income Tax Act (Act 58 of 1962)
• Insolvency Act (Act 24 of 1936)
• Insurance Act (Act 27 of 1943)
• Judicial Matters Amendment Act (Act 42 of 2001)
• Intellectual Property Laws Amendment Act (Act 38 of 1997)
• Labour Relations Act and Regulations (Act 66 of 1995)
• Long Term Insurance Act (Act 52 of 1998)
• Medical Schemes Act (Act 131 of 1998)
• National Environment Management Act (Act 31 (1) of 1998)
• Occupational Health and Safety Act (Act 85 of 1993)
• Pension Funds Act (Act 24 of 1956)
• Post Office Act (Act 44 of 1958)
• Regional Services Councils Act (Act 109 of 1985)
• South African Reserve Bank Act (Act 90 of 1989)
• Short Term Insurance Act (Act 53 of 1998)
• Skills Development Levies Act (Act 9 of 1999)
• Stamp Duties Act (Act 77 of 1968)
• Stock Exchange Control Act (Act 1 of 1985)
• Tax and Retirement Funds Act (Act 38 of 1996)
• Trade Marks Act (Act 194 of 1993)
• Unemployment Contributions Act (Act 4 of 2002)
• Unemployment Insurance Act (Act 63 of 2001)
• Usury Act (Act 73 of 1968)
• Value Added Tax Act (Act 89 of 1991)

This list is not necessarily limited to the above and should not be viewed as a complete list. Please contact the Head of the Company as and when the need for additional information arises.

 

6 Subjects and Categories of Records as required by Section 51 (1)(e)

The following records are maintained during the performance of normal business activities:

• Company Secretarial Records
• Documents of Incorporation
• Memorandum of Association
• Articles of Association
• Shareholders Agreements
• Minutes of Board of Directors Meetings
• Minutes of Annual General Meetings
• Minutes of Shareholders (General) Meetings
• Records regarding the payment and update of Annual Returns
• Changes of Address
• Consent to act as Director
• Appointment of Directors
• Appointment of Auditors
• Appointment of Company Secretaries
• Appointment of Public Officers
• Change of Directors
• Change of Auditors
• Change of Financial Year End
• Share Registers
• Shareholding Records
• Transfers of Shares
• Allotments of Shares
• Special Resolutions
• Records regarding Directors' Interests
• Audit Reports
• Operational Records
• Commercial Records with regards to Projects
• Technical Records with regards to Projects
• Various Records with regards to all Engineering activities
• Various Records with regards to all Drafting activities
• Procurement Records
• Term Contracts
• Client Information and Details
• Sub-Contractor Information and Details
• Supplier Information and Details
• Marketing Material
• Organizational Structures
• Financial Records
• Annual Financial Statements
• Accounting Records
• Banking Records
• Banking Statements
• Banking Details
• Electronic Banking Records
• Invoices
• Details of Auditors
• Audit Reports
• Guarantees and Securities
• Tax Records
• Tax Returns
• Records of Documents issued to Employees for Income Tax purposes
• Record of payments made to the South African Revenue Services on behalf of Employees
• Pay As You Earn Record
• Value Added Tax Records
• Unemployment Insurance Fund Records
• Workman's Compensation Fund Records
• Records regarding Human Resources
• Personnel Files
• Employment Contracts
• Limited Duration / Fixed Term Contracts
• Removal Contracts
• Job Descriptions
• Maternity Leave Contracts
• Extended Sick Leave Contracts
• Study Assistance Contracts
• Indemnity Forms
• Labour Broker Contracts
• Secrecy / Confidentiality Agreements
• Medical Aid Records
• Pension Fund / Provident Fund Records
• Training Records
• Training Manuals
• Annual Leave Records
• Sick Leave Records
• Special Leave Records
• Maternity Leave Records
• Performance Records
• Disciplinary Records
• Remuneration Records
• Employee Details
• Recruitment Documentation
• Appointment Documentation
• Dismissal Documentation
• Resignation Documentation
• Curriculum Vitae
• Records regarding Information Technology
• Software Usage Agreements
• Procurement of Computer Hardware Records
• Procurement of Computer Software Records
• Service Agreements
• Service Records
• Property Records
• Lease Agreements
• Insurance Records
• Asset Registers
• Maintenance Contracts
• Maintenance Records
• Records regarding Safety
• Incident Reports
• Injury Reports
• Medical Reports
• Occupational Health and Safety Records
• Occupational Diseases Records
• Quality Management Systems
• Company Policies
• Quality Management Procedures
• Task Descriptions
• Codes
• Communications
• Internal Communication Records
• External Communication Records
• Document Control Information

This list is not necessarily limited to the above and should not be viewed as a complete list. Please contact the Head of the Company as and when the need for additional information arises.

 

7 Grounds for Refusal of Access to Records in terms of Chapter 4

In terms of Chapter 4 of Part 3, as prescribed under Sections 62 to 69, of the Promotion of Access to Information Act (Act 2 of 2000), certain grounds exist upon which the Head of a Private Body may refuse to grant access to its Records, since the Information contained in such Records may be subject to protection in the interest of privacy. Such Records that shall be protected and be refused access to, shall include, but not be limited to, the following:

• Records containing Personal Information concerning a third Party, including a deceased individual
• Records containing Trade Secrets of the Private Body or a third Party
• Records containing Financial Information of the Private Body or a third Party, the disclosure of which would be likely to cause financial or commercial harm
• Records containing Commercial Information of the Private Body or a third Party, the disclosure of which would be likely to cause financial or commercial harm
• Records containing Scientific Information of the Private Body or a third Party, the disclosure of which would be likely to cause financial or commercial harm
• Records containing Technical Information of the Private Body or a third Party, the disclosure of which would be likely to cause financial or commercial harm
• Records containing Information supplied in confidence by a third Party, the disclosure of which would be likely to put that third Party at a disadvantage during contractual or other negotiations
• Records containing Information, the disclosure of which would be likely to put the Private Body at a disadvantage during contractual or other negotiations
• Records containing Information supplied in confidence by a third Party, the disclosure of which would be likely to prejudice that third Party during commercial competition
• Records containing Information, the disclosure of which would be likely to prejudice the Private Body during commercial competition
• Records, when disclosed, would constitute a breach of confidence owed to a third Party in terms of an Agreement
• Records, when disclosed, could endanger the life or physical safety of an individual
• Records, when disclosed, could prejudice the security of buildings or structures
• Records, when disclosed, could prejudice the security of systems, including computer systems and communication systems
• Records, when disclosed, could prejudice the security of any means of transport
• Records, when disclosed, could prejudice the security of any other property
• Records, when disclosed, could prejudice the methods, systems, plans and procedures with regards to the protection of an individual in accordance with a witness protection scheme
• Records, when disclosed, could prejudice the methods, systems, plans and procedures with regards to the protection of the safety of the public or any part of the public
• Records which are privileged from production in legal proceedings, unless the person afforded the privilege has waive such privilege
• Records containing Information on research being carried out on behalf of the Private Body or a third Party, the disclosure of which would be likely to expose the Private Body or a third Party
• Records containing Information on research being carried out on behalf of the Private Body or a third Party, the disclosure of which would be likely to expose the person carrying out the research on behalf of the Private Body or a third Party
• Records containing Information on research being carried out on behalf of the Private Body or a third Party, the disclosure of which would be likely to expose the subject matter of the research

 

8 Details to facilitate a Request for Access to Records in terms of Section 53 and Section 54 as required under Section 51 (1)(e)

• Form of Request
  The Requester is required to make use of the Prescribed Form (QMS-01-0.0-002A), in the event of submitting a request for access to Records. The above mentioned and completed Prescribed Form, along with the prescribed fees, shall be submitted to the Head of the Private Body (Section 51 (1)(a)).
• Fees
  The following fees payable with regards to the reproduction of Records, as prescribed under Regulation (R 223), dated 2001-03-09, are as follows:
   
  • A4 Photocopies:R 1.10 / page
  • A4 Computer Printouts: R 0.75 / page
  • Stiffy Discs: R 7.50 / disc
  • Compact Discs: R 70.00 / disc
  • Copies of Visual Images: R 60.00 / copy
  • Transcriptions of Visual Images: R 40.00 / page
  • Copies of Audio Records: R 30.00 / copy
  • Transcriptions of Audio Records: R 20.00 / page
  • Request fee payable by a Requester: R 50.00
   

 

9 Other Information as required under Section 51 (1)(f)

At the date of compilation of this Section 51 Manual, no regulations in this regard could be found.

 

10 Availability of this Section 51 Manual as required under Section 51 (3)

This Section 51 Manual is available and may be obtained, by written request, from the South African Human Rights Commission (Section 51 (1)(b)) or from the Head of this Private Body (Section 51 (1)(a)).

 

11 Standard Letter

BMS-01-0.0-002 Request Form: Section 51 Manual