Information Act Manual

Promotion of Access to Information Act

(Act 2 of 2000) ("the Act")

("Pepkor" or "the Company")
and its subsidiaries
("the Pepkor Group")

22 December 2011
Manual:Version 4

  1. The Human Rights Commission is responsible for compiling a guide that provides details on how to use the Act. Please direct any further queries in this regard to:
    The South African Human Rights Commission.
    PAIA Unit
    The Research and Documentation Department
    In terms of Section 51(1) of the Act, all heads of private bodies are required to compile a manual that provides Information regarding the subjects and categories of records held by such private bodies. This manual is intended to fulfill this requirement.
  2. Pepkor is a South African based investment holding company managing retail interests in Africa, Australia and Poland. It is focused on a cash retail value market and, through its operating subsidiaries, all strongly positioned in their individual niche markets; it satisfies consumers' basic needs for clothing at affordable prices. Appendix A provides a complete list of South African companies forming part of the Pepkor Group structure. The scope of this manual is limited to operational companies marked "active" as per Appendix A. All other companies are either holding companies or dormant.
  3. The company supports the supply and availability of information as contemplated in the Act.
  4. The Secretary of the company is duly authorized to ensure that the requirements of the Act are administered in a fair, objective and unbiased manner. Accordingly, all requests for access to records should be addressed to:
  5. The records can be found in various forms including electronic and paper. In terms of the Act access must be granted irrespective of form or medium.
  6. The table below provides an indication of the subjects of information that the company holds and the corresponding categories:

    Subject Category Publicly available/not
    Finance · Share records (registers, transfers, disclosures etc.)
    · Accounting records and asset registers
    · Statements of Accounts
    · General Correspondence
    Sales and marketing · Product Information (e.g. pricing)
    · Sales statistics
    · Product Brochures
    · Marketing Information
    · General Correspondence
    Human resources · Employee records
    · Personnel guidelines, policies and procedures
    · Training courses
    · Information
    · General Correspondence
    Information technology · IT Policies and Procedures
    · Network diagrams
    · User Manuals
    · General correspondence
    · System configuration information
    · Source Code
    Logistics · Stock
    · Location of warehouses
    · Details of service providers
    · General correspondence
    Support centre · Administration (Minute books)
    · Contracts
    · Leases
    · General correspondence
    · Intellectual Property
    · Litigation
  7. Certain records can be accessed without the submission of a formal request. These records, where applicable, generally include the following categories: Web site, annual reports, interim reports, records lodged with the Registrar of Companies, the JSE Securities Exchange SA ("JSE") and other regulatory bodies, newspaper announcements and circulars to shareholders. These records, where applicable, can be accessed on the company's web site, referring to newspapers or by approaching the holder of such information (i.e. the secretary and/or the transfer secretaries of the company, the Registrar of Companies and/or the JSE), in each case complying with the requirements laid down for this purpose.

  8. Additionally, the company is legally required to ensure that certain categories of records are available for access, without a formal request:
        The Occupational Health and Safety Act No. 85 of 1993;
        The Constitution of the Republic of South Africa No.3 of 1994
        The Value-Added Tax Act No. 89 of 1991;
        Income Tax Act No. 58 of 1962;
        Companies Act No. 61 of 1973;
        Basic Conditions of Employment Act No. 75 of 1997;
        Employment Equity Act No. 55 of 1998;
        Labour Relations Act No. 66 of 1995;
        The Medical Schemes Act No. 131 of 1998;
        The Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;
        The Atmospheric Pollution Prevention Act No. 45 of 1965;
        The Health Act No. 63 of 1977;
        Consumer Affairs (Unfair Business Practices Act), 71 of 1988
        Customs and Excise Amendment Act, 45 of 1995
        South African Revenue Services Act, 34 of 1997
    Please note that the identification and inclusion of all pertinent legislation cannot be guaranteed. Any person who is aware of any specific legislation that should be included and which has been omitted, should contact the Company Secretary directly.

  9. A request for access to a record that does not fall within the categories identified in Section 7 of this manual must be done formally either via conventional mail, e-mail or fax. This request should be in the prescribed format (hereto attached as Appendix B) as specified in the Act and the Regulations thereto and should be addressed to the Information Officer as identified in Section 4 of this manual. The request fee, prescribed in the Regulations, should be attached.
    Please note that a copy of the current fee structure is available at the company's head office. Each request should:
        provide sufficient particulars for the company to identify the requester and the records requested;
        indicate the form of access required;
        specify the postal address or fax number of the requester in the Republic of South Africa; and
        identify the right the requester is seeking to exercise or protect and provide reasons for the request.
    The company's Information Officer will respond to any request within 30 days of receiving the request by indicating whether such request for access has been granted or not. Access may be refused under limited circumstances such as:

        Protecting personal information that the company holds about a third person (who is a natural person) from  
        unreasonable disclosure;
        Protecting commercial information that the company holds about a third party (e.g. trade secrets, financial, 
        commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
        If disclosure would result in a breach of a duty of confidence owed to a third party;
        If disclosure would jeopardize the safety or life of an individual;
        If disclosure would prejudice or impair the security of property or means of transport;
        If disclosure would prejudice or impair the protection of a person in accordance with a witness protection  scheme;
        If disclosure would prejudice or impair the protection of the safety of the public;
        The record is privileged from production in legal proceedings unless the privilege has been waived;
        If the record is a computer programme;
        Disclosure of the record will put the Company at a disadvantage in contractual or other negotiations or prejudice it in 
        commercial competition;
        Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would 
        harm the commercial or financial interests of the Company;
        Records containing information about research being carried out or about to be carried out on behalf of a third party or
        the Company.

  10. There are two basic types of fees applicable in terms of the Promotion of Access to Information Act – “request” and “access” fees. The non-refundable request fee (currently R 57.00 inclusive of VAT) is payable on submission of the request for access to a record (unless the request is personal in which event there is no applicable fee) and the access fee is payable prior to the actual gaining of access to the records in the required form. The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice Number 187, Regulation 11

  11. If you request access to a record that contains information about a third party, we are obliged to attempt to contact this third party to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied. In the event that the third party furnishes reasons for the support or denial of access, our designated Information Officer will consider these reasons in determining whether access should be granted. You may appeal against a refusal of access by our Information Officer.Please refer to Part 4 of the Promotion of Access to Information Act for further details on the Appeal Process.

  12. If the company has searched for a record and believe that it either does not exist or cannot be found, the company will notify the requester by way of an affidavit or affirmation that it is not possible to provide access to the requested record due to its inability to locate it. The company will also provide the requester with details on the steps that were taken to try to locate the record and will confirm to the requester that, if at a later stage the record is located, the company will grant the requester access, provided that access is not prohibited in terms of Chapter 4 of Part 3 of the Act.

    Download the full Information Manual PDF.