Promotion of Access to Information Act

Section 51 Manual for Bolton Footwear (Proprietary) Limited

Introduction
Bolton Footwear comprises the following:

• Footwear manufacturing divisions, being Civilian Footwear (Watson Shoes and Ladies) at Great Brak River and Industrial Footwear (Bagshaw Footwear) at Port Elizabeth.

The two subsidiary companies of Bolton Footwear are:
• Bagshaw Footwear (Pty) Ltd - manufacturers footwear under Government tender.
• Watson Shoes (Pty) Ltd - holds various intellectual property rights.

Particulars in terms of the Section 51 Manual

1. Contact details
Head of the Body: Marthinus J Louw (Managing Director)
Contact person: Elizabeth L Loubser
Postal address: P O Box 1, Great Brak River, 6525
Physical address: Charles Street, Great Brak River, 6525
Phone number: (044) 6202111
Fax number: (044) 6202378
E-mail: elizabeth.loubser@bolwear.co.za
Website: www.bolwear.co.za

2. The section 10 Guide on how to use the Act
The Guide is available from the South African Human Rights Commission.

3. Records available in terms of any other legislation
• Basic Conditions of Employment No. 75 of 1997
• Companies Act No. 61 of 1973
• Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 95 of 1967
• Labour Relations Act No. 66 of 1995
• Occupational Health & Safety Act No. 85 of 1993
• Regional Services Councils Act No. 109 of 1985
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Stamp Duties Act No. 77 of 1968
• Unemployment Insurance Contributions Act No. 4 of 2002
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991

4. Access to the records held by the private body in question
a. Categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) - not applicable.
b. Record Subjects and Categories - Section 51(1)(e)
The Corporate Finance department provides specialist financial services to the Group. Corporate Finance records comprise the following main categories:
• Departmental Administration Records
• Tax Records
• Administrative Records
• Contracts and Agreements
• General Correspondence
• Building and Property Records
• Accounting Records
• Management Reports
• Treasury Dealing and Settlement Records
• Transactional Records
• VAT Records
• PAYE Records
• Consolidation Records
• Audit records
• Insurance records
• Banking arrangements

The Company Secretary provides company secretarial services to the Group. The company secretary records comprise the following main categories:
• General Correspondence
• Trademarks
• Statutory Records and minute books

The Human Resource Department’s primary objective is to develop and implement a competitive human resource strategy that will support the Group. Human Resource records comprise the following main categories:
• General Correspondence
• Employee Records
• General HR Policies and Procedures
• Training Records
• Pension Records
• Employee Benefit Records
• Labour Relations Records
• Statutory Records
• Employment Equity Records
• Contracts

The Information Technology Department is responsible for developing, supporting and providing assurance on the implementation of IT policies, standards and best practice in the Group. The department’s records comprise the following main categories:
• General Correspondence
• Contracts and Agreements
• Operational Records
• Maps and Diagrams
• Asset Records
• Policy Records

Operating Divisions, being Civilian Footwear and Industrial Footwear. The records held comprise the following main categories:
• Accounting Records
• All transactional records
• Contracts and Agreements
• General Correspondence
• Employee Records
• VAT, Skills Levy, UIF and PAYE records

c. Access Request Procedure - Section 51(1)(e)
It is important to note that an application for access to information can be refused in the event that the application does not comply with the procedural requirements of the Act. In addition, the successful completion and submission of an access request form does not automatically allow the requester access to the requested record.

Note: If it is reasonably suspected that the requester has obtained access to the Group’s records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

Completion of Access Request Form
In order for the Group to respond to requests in a timely manner, the Access Request Form should be completed, taking due cognisance of the following Instructions on Completion of Forms:
• The Access Request Form must be completed in the English Language.
• Type or print in BLOCK LETTERS an answer to every question.

Submission of Access Request Form
The completed Access Request Form must be submitted either via conventional mail, e-mail or fax and must be addressed to the contact person as indicated in Section 51(1)(a).

An initial, non-refundable R57,00 request fee is payable on submission. This fee is not applicable to Personal Requesters, referring to any person seeking access to records that contain their personal information.

Payment of Fees
Payment details can be obtained from the contact person as indicated in Section 51(1)(a).

Note: If the request for access is successful, an access fee will be required for the search, reproduction and/or preparation of the record(s) and will be calculated based on the Prescribed Fees (refer attached). The access fee must be paid prior to access being given to the requested record.

5. Other information as may be prescribed (Section 51(1)(f)
Notification
Requests will be evaluated and the requester notified within 30 days of receipt or such further extension as notified of the completed Access Request Form, of the decision on their requests.

If the request for access to a record is successful, the requester will be notified of the following:
• The amount of the access fee payable upon gaining access to the records (if any);
• An indication of the form in which the access will be granted;
• Notice that the requester may lodge an application with a court against the payment of the access fee and the procedure, including the period, for lodging the application.

If the request for access to a record is not successful, the requester will be notified of the following:
• Adequate reasons for the refusal (refer to Third Party Information and Grounds for Refusal below); and
• That the requester may lodge an application with a court against the refusal of the request and the procedure, including the period, for lodging the application.

Third Party Information
If access is requested to a record that contains information about a third party, the Group is obliged to attempt to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.

In the event of the third party furnishing reasons for the support or denial of access, our designated contact person will consider these reasons in determining whether access should be granted, or not.

Grounds for Refusal
The Group may legitimately refuse to grant access to a requested record that falls within a certain category. Grounds on which the Group may refuse access include:
• Protecting personal information that the Group hold about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;
• Protecting commercial information that the Group holds about a third party or the Group (for example trade secrets : financial, commercial, scientific or technical information that may harm the commercial or financial interests of the organisation or the third party);
• If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
• If disclosure of the record would endanger the life or physical safety of an individual;
• If disclosure of the record would prejudice or impair the security of property or means of transport;
• If disclosure of the records would prejudice or impair the protection of a person in accordance with a witness protection scheme;
• If disclosure of the record would prejudice or impair the protection of the safety of the public;
• The record is privileged from production in legal proceedings, unless the legal privilege has been waived;
• Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of the Group;
• Disclosure of the record would put the Group at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
• The record is a computer programme; and
• The record contains information about research being carried out or about to be carried out on behalf of a third party of the Group.

Records that cannot be found or do not exist
If the Group has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

6. Availability of the Manual (Section 51(3)) The manual is also available for inspection at the offices of Bolton Footwear (Pty) Ltd free of charge; and copies are available with the SAHRC, having been published in the Goverment Gazette and on the website.