PAIA Manual

BEIERSDORF CONSUMER PRODUCTS (PROPRIETARY)
LIMITED ​

PAIA MANUAL

INFORMATION MANUAL FOR BEIERSDORF CONSUMER PRODUCTS

(PROPRIETARY) LIMITED

 

 

Prepared in accordance with section 51 of the Promotion of Access to

Information Act No 2 of 2000 (“the Act”)

 

Registration number 2000/010257/07

("BEIERSDORF")

December 2018

Version 1.1

 

 

1. INTRODUCTION

1.1Beiersdorf Consumer Products (Pty) Ltd (“BEIERSDORF”) is a personal care company supplying iconic brands such as NIVEA®, NIVEA MEN®, Labello®, Elastoplast® and Eucerin® to outlets throughout Southern Africa. BEIERSDORF is an affiliate of Beiersdorf AG which is based in Hamburg, Germany.

1.2. The Promotion of Access to Information Act, No. 2 of 2000 (“Act”), gives effect to the constitutional right of access to information, held by private sector bodies (e.g. companies) or public bodies (i.e. Government institutions), required for the exercise and/or protection of the requestor’s rights.

1.3. In terms of section 51 of the Act, all private bodies are required to compile an Information Manual (“Manual”).

1.4. This Manual provides an outline of the types of records held by BEIERSDORF and explains how a request must be submitted for access to these records in terms of the Act.

 

2. AVAILABILITY OF THIS MANUAL

 

This manual is available as follows:

In hard copy, to be viewed at the offices of BEIERSDORF; at the offices of the SAHRC; and on the BEIERSDORF’s website www.beiersdorf.co.za or by sending a request to BEIERSDORF’s Information Officer by email or post at the addresses set out below.

 

3. BEIERSDORF CONTACT DETAILS

 

Directors: Mr. Hamish John Sholto Douglas (Managing Director)

  Mr. Marc Moray Campbell

Mr. Stefan Norbert De Loecker

 

Postal Address: PO Box 492, Hyper by the Sea, 4153, Republic of South Africa.

Street Address: 4th Floor, Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks, 4319.

Telephone Number: 031 267 6375 / 031 267 8500.

 

4. INFORMATION OFFICER CONTACT DETAILS

The person responsible for administration of the Act within the BEIERSDORF:

Information Officer: Mr. Warren van Niekerk

Phone number: 031 267 6375 / 031 267 8500

E-mail address: information.za@beiersdorf.com

 

5. THE ACT

 

5.1. 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.

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

5.3. Requesters are referred to the Guide in terms of Section 10 of the Act. The Guide has been compiled by the South African Human Rights Commission (SAHRC), which contains information for the purposes of exercising constitutional rights. The Guide is available from the SAHRC.

 

The contact details of the SAHRC are:

Postal Address: Private Bag 2700, Houghton, 2041

Telephone Number: +27-11-877 3600

Fax Number: +27-11-403 0625

Website: www.sahrc.org.za

 

6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

 

6.1. BEIERSDORF keeps the records required in order to comply with all legislation which may be applicable to BEIERSDORF’s business from time to time, however, due to the large number of Acts applicable to BEIERSDORF’s business, the list of examples below is by no means exhaustive. All requests for access must be made in accordance with the Act and will be evaluated on a case by case basis in accordance with the provisions of the Act.

6.2.  Records are available in accordance with other legislation:

Income Tax Act 58 of 1962;

Unemployment Insurance Act 63 of 2001;

Value Added Tax Act 89 of 1991;

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Occupational Health and Safety Act 85 of 1993 and Occupational Health and Safety Regulations;

Labour Relations Act 66 of 1995;

Basic Conditions of Employment Act 75 of 1997;

Employment Equity Act 55 of 1998;

Skills Development Levies Act 9 of 1999;

Pension Funds Act 24 of 1956;

Companies Act 71 of 2008;

The records that are required in terms of section 134 of the Insolvency Act 24 of 1936;

Consumer Protection Act 68 of 2008;

Protection of Personal Information Act 4 of 2013.

 

7. ACCESS TO THE RECORDS HELD BY BEIERSDORF

 

7.1 No notice has been published regarding the categories of records which are automatically available without having to request access in terms in terms of PAIA.  In the absence of the Section 52(2) notice, certain records are freely available without request on BEIERSDORF’s website: www.beiersdorf.co.za.

7.2 The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act.

7.3  Examples of records held by BEIERSDORF include (without limitation):

7.3.1     Banking and Financial records including: Annual financial statements, asset registers and taxation returns;

7.3.2     Human Resources records including: Payroll information, trade unions and employer organisations, collective agreements and employee records;

7.3.3     Statutory records including: BEIERSDORF registers, documents of incorporation for each statutory entity, notices and minutes of meetings;

7.3.4     Health and safety data and records including: Workmen’s compensation records, records of incidents at the workplace and medical surveillance records;

7.3.5     Property records including: Title deeds, leases, servitude agreements and details of property transactions;

7.3.6     Share registration records;

7.3.7     Insurance records;

7.3.8     Pension records;

7.3.9     Patents and trademarks records;

7.3.10   Promotions and competitions;

7.3.11   Credit records;

7.3.12   Legal Records.

 

8. REQUEST PROCEDURE

8.1 A request for access to any record must be made using the prescribed form which is reproduced at the end of this manual. The request must be made to the Information Officer and using the contact details as provided in section 2 and 4 of this manual and must be accompanied by the prescribed fee.

8.2 The request form must:

  8.2.1     be completed clearly and legibly;           

8.2.2     provide sufficient detail to enable the Information Officer to identify the record and the requester;

8.2.3     include proof of the capacity in which the requester is making the request if the request is made on behalf of a person;

8.2.4     indicate the form of access which is required;

8.2.5     provide a postal address or fax number in South Africa;

8.2.6     provide the necessary particulars, if the requester wishes to be informed of the decision on the request in a manner other than by written reply; and

8.2.7     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.

  8.3 BEIERSDORF will inform a requester in writing of its decision in relation to a request, unless another manner of communication has been set out in the request. BEIERSDORF may, and must in certain instances, refuse access to records on any of the grounds set out in the Act. The grounds for refusal will be communicated to the requester if the request is refused;

8.4 Where a request is refused, a requester may apply to court within 30 (thirty) 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.

8.5 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.

 

9. PRESCRIBED FEES

 

9.1 The following applies to requests (other than personal requests):

  9.1.1 A requester is required to pay the prescribed fees (R50.00) before a request will be processed;

9.1.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

9.1.3  A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit;

9.1.4  Records may be withheld until the fees have been paid;

9.1.5  The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za

 

ANNEXURE 1 - REQUEST FOR ACCESS TO RECORDS OF PRIVATE BODY

FORM C

(Section 53(1) of the Promotion of Access to Information Act, 2000

 (Act No. 2 of 2000)

 

[Regulation 10]

 

A. Particulars of Beiersdorf

Beiersdorf Consumer Products (Proprietary) Limited

4th Floor, Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks, 4319

Information Officer: Mr. Warren van Niekerk

Phone number: 031 267 6375 / 031 267 8500

E-mail address: information.za@beiersdorf.com

 

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:

Fax number:

Telephone number:

E-mail address:

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

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.

If the provided space is inadequate, please continue on a separate folio and it to this form. The requester must sign all the additional folio.

 

1. Description of record or relevant part of the record:

2. Reference number, if available:

3. Any further particulars of record:

 

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

  

Please download the form of access to record here: Form