1 ROYAL BAFOKENG PLATINUM LIMITED (“RBPlat or the Company”) (SECTION 51 MANUAL) MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO 2 OF 2000 (“the Act) FOR ROYAL BAFOKENG PLATINUM LIMITED (2008/015696/06) and its Subsidiary companies incorporated in South Africa Date: Updated 27 October 2015
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ROYAL BAFOKENG PLATINUM LIMITED
(“RBPlat or the Company”)
(SECTION 51 MANUAL)
MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF
ACCESS TO INFORMATION ACT, NO 2 OF 2000 (“the Act)
FOR
ROYAL BAFOKENG PLATINUM LIMITED (2008/015696/06) and its Subsidiary
companies incorporated in South Africa
Date: Updated 27 October 2015
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WHOLLY-OWNED SUBSIDIARY COMPANIES OF RBPLAT (COLLECTIVELY
REFERRED TO AS THE GROUP):
Royal Bafokeng Resources (Proprietary) Limited – 2002/013162/07
Royal Bafokeng Management Services (Proprietary) Limited – 2009/001885/07
2.3 VOLUNTARY DISCLOSURE AND AUTOMATIC AVAILABILITY OF RECORDS [SECTION 52(1)(2)]
2.4 INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION [SECTION 51(1)(D)]
2.5 AVAILABLE INFORMATION AT REQUEST AND SUBJECT OF CLASSES [SECTION 51(1)(E)]
2.6 OTHER INFORMATION AS MAY BE PRESCRIBED [SECTION 51(1)(F)]
2.7 AVAILABILITY OF MANUAL [SECTION 51(3)]
2.8 PROCESS TO ACCESS INFORMATION
2.9 PRESCRIBED FEES
2.10 PRESCRIBED FORMS
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1. Introduction to the company
Royal Bafokeng Platinum Limited is a mid-tier platinum group metals (PGM’s) producer
operating in the North West, South Africa. It currently operates a Joint Venture platinum
mine with an interest of 67% and is running a project to establish a second operation,
namely Styldrift I which is to reach full production on or about 2020. The joint venture
partner is Rustenburg Platinum Mines Limited, a wholly owned subsidiary of Anglo
American Platinum Limited.
2. Particulars in terms of the Section 51 Manual
2.1 Contact details
Name of company: Royal Bafokeng Platinum Limited Contact person: Mr Lester Jooste Address: The Pivot, No. 1 Monte Casino Boulevard Block C Floor 4, Fourways, 2021 Postal address: PO Box 2283 Fourways, 2055 Telephone number: +27 10 590 4510 Fax: 086 572 8047 E-mail: [email protected] (Information officer) Head of Organisation: Mr Stephen Phiri (Chief Executive Officer)
2.2 Official Guide
Section 10 of the Act requires a guide be published by the South African Human Rights Commission with regard to reasonable requests by a person wishing to exercise or protect any rights in terms of the Act. Queries in this regard to be directed to: The South African Human Rights Commission Promotion to Access of Information Act Unit Private Bag 2700 Houghton 2041 Telephone: +27 11 877 3750 Fax: +27 11 403 0668 Website: www.sahrc.org.za
2.3 Voluntary disclosure and automatic availability of records [section 52(1)(2)]
The following categories of records and information are automatically available for inspection and do not require an application in terms of the Act. The information is available on the company’s website www.bafokengplatinum.co.za or through request from the information officer:
Board and Committee charters and terms of reference
Corporate governance structures
Other public corporate information
2.4 Information available in terms of other legislation [section 51(1)(D)]
Where applicable to the Group, information and records are kept in accordance with the following legislation
Air Quality Act No. 39 0f 2004
Basic Conditions of Employment Act No. 75 of 1997
Companies Act No. 61 of 1973
Companies Act No. 71 of 2008
Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
Competition Act No. 89 of 1998
Constitution of SA Act No. 108 of 1996
Copyright Act No. 98 of 1987
Deeds Registries Act No. 47 of 1937
Employment Equity Act No. 55 of 1998
Environmental Laws Rationalisation Act No. 51 of 1997
Explosives Act No. 26 of 1956
Firearms Control Act No. 60 of 2000
Income Tax Act No. 58 of 1962
Insider Trading Act No. 135 of 1998
Labour Relations Act No. 66 of 1995)
Long-Term Insurance Act No. 52 of 1998
Marketable Securities Act No. 32 of 1948
Medical Schemes Act No. 131 of 1998
Mine Health and Safety Act No. 29 of 1996
Mineral and Petroleum Resources Development Act No. 28 of 2002
Mineral and Petroleum Resources Royalty Act No. 28 of 2008
Mineral and Petroleum Resources Royalty (Administration) Act No. 29 of 2008
National Environmental Management Act No. 107 of 1998
National Water Act No. 36 of 1998
Occupational Health and Safety Act No. 85 of 1993)
Patents Act No. 57 of 1987
Pension Funds Act No. 24 of 1956
Precious Metals Act No. 37 of 2005
Preferential Procurement Policy Framework Act No. 5 of 2000
Promotion of Access to Information Act No. 2 of 2000
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Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000
Protected Disclosures Act No. 26 of 2000
Safety at Sports and Recreational Events Act No. 2 of 2010
Short-Term Insurance Act No. 53 of 1998
Skills Development Act No. 97 of 1998
Skills Development Levy Act No. 9 of 1999
South African Reserve Bank Act No. 90 of 1989
Stamp Duties Act No. 77 of 1968
Stock Exchange Control Act No. 1 of 1985
Trademarks Act No. 194 of 1993
Transfer Duty Act No. 40 of 1949
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991
Waste Management Act No. 59 of 2008
2.5 Available information at request in terms of the Act in which these subjects are
classed [section 51(1)(e)]
The company has the following records:
Company Secretarial
Annual reports
Company statutes
Company policies and procedures
Circulars to members
Financial Statements
Governance structures and policies
Legal agreements
Minutes of meetings
Mining licenses/Mining rights
Prospecting permits/Prospecting rights
Registers
Register of members
Share certificates
Shareholder announcements
Social and labour plans for mining rights
Statutory returns
Trade mark/Patents/Copyright
Investor relations
Analysts and media liaison information
Analyst presentations
Company publications and brochures Movable and Immovable Property
Lease agreements
Deed of transfer
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Title deeds
Hire agreements
Hire-purchase agreements
Credit sale agreements
Ordinary and conditional sale agreements
Intellectual Property
Designs
Know-How
Licencing agreements
Risk Assurance
Insurance contracts and risk profiles
Policies
Insurance claim files
Human Resources (“HR”)
Agreements
Benefit arrangements rules and records
Employee information
Employment equity plan
HR Policies and procedures
Organisational structure
Personnel files
Forms and applications
Standard letters and notices
Workplace and Union agreements and records
Finance
Business plans and budgets
Banking details and bank account records
Debtors/creditors statements and invoices
Financial statements and management accounts
Tax records
Treasury records
Operations
Contractor, client and supplier agreements and information
Safety, health and environmental records
Geological documents and records
Engineering procedures, log books and maintenance records
Mining and prospecting work programmes and records
Mining and prospecting rights and associated documents
Permits, licences, consents, approvals, authorisations, applications and registrations
Policies and procedures
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Reports and supporting documentation
Security documents
Information technology
System documentation and manuals
Project, disaster recovery and implementation plans
Administration
Intranet
Correspondence with internal and external parties
2.6 Other information as may be prescribed [section 51(1)(f)]
Not applicable
2.7 Availability of manual [section 51(3)]
In accordance with paragraph 9(1) of the Regulations to the Act, this manual is
published on the company’s website (www.bafokengplatinum.co.za).
2.8 Process to request access to information
Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned.
The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required.
The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she 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.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
The head of the company, normally the Chief Executive Officer will then make a decision on the request and notify the requester in the required form.
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2.9 Prescribed fees
1. The fee for a copy of the manual as contemplated in regulation 9 (2) (c) is R1,10 for every
photocopy of an A4-size page or part thereof.
2. The fees for reproduction referred to in regulation 11 (1) are as follows:
R
(a) For every photocopy of an A4-size page or part thereof .................................................... 1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine-readable form ................................................................................... 0,75
Postal address: ...........................................................................................................................................
2. Reference number, if available: ............................................................................................................
3. Any further particulars of record: ................................................................................. ....................................................................................................................................................................