Excellence & Craftsmanship

A prestigious partnership in wine production

Promotion of Access to Information Manual

Privacy Policy

1. Company overview, structure and scope of this manual

The information listed in this manual is available from Rupert and Rothschild Vignerons (Pty) Ltd by means of a request as prescribed in section 53 of the Act. Requests can be addressed to the Information Officer at the address and/or contact details as indicated in Paragraph 1. All request fees (if any), as prescribed in section 54 of the Act, must be paid to Rupert and Rothschild Vignerons (Pty) Ltd before any request is processed. Rothschild Vignerons (Pty) Ltd reserves the right to refuse information where it falls under a specified exemption as set out in Chapter 4 of the Act. (Ss 62-70) Whilst Rupert and Rothschild Vignerons (Pty) Ltd endeavors to ensure that the published information is accurate, complete and updated on a regular basis, no representation is made regarding the fitness of such information.

2. Administration of the Act

Information Officer

: Dwight Bourbon-Leftley

Telephone

: +27 21 874 1648

Fax

: +27 21 874 1802

E-mail

: dwight@rupert-rothschildvignerons.com

Physical Address

: Fredericksburg, R 45 Klapmuts-Simondium Road, Simondium, 7670

Postal Address

: PO Box 412, Franschhoek, 7690

Website

: www.rupert-rothschildvignerons.com

3. Subjects and corresponding categories of records

Our records can be found in various forms including electronic and paper. In terms of the Promotion of Access to Information Act, access must be granted irrespective of form or medium.

 

To facilitate the easy identification of the records we hold, we have categorised our records per subject area. The table below provides an indication of the subjects of information that we hold and the corresponding categories:

3.1 Finance

•  

Audited Financial Statements Tax Records (relating to the company and the individual employees)

Asset Register

General Correspondence Management Accounts and

Records

Budgets

Financial Transactions

Purchase and Order Records

Banking Records

Contracts

Financial Policies and Procedures

Risk Management Records

Internal Audit Records

Statutory Returns Records

3.2 Human Resources

Employee Records

Employment Contracts

Personnel guidelines, policies and procedures

General Correspondence

Training Material

Employment Equity

Records

Provident Fund Records

Employee Benefit Records

Labour Relations Records

Statutory Labour related Records

Skills Plans

3.3 Information Technology

IT Policies and Procedures

Network Diagrams

Configuration Setups

User Manuals

Asset Register – IT related equipment

System Performance Records

General Correspondence

3.4 Sales

Pricing information

Sales Policies and Procedures

Sales Forecasts

General Correspondence

Future Product Strategies

Product Sales Records/ Statistics

Customer Information

Customer Complaints

3.5 Environmental Health and Safety

Environmental Assessments

Accident Investigation Reports

Minutes of Meetings

Safety Organisational Structures

Policies and Procedures

Information Relating to the Fire Systems

Machinery Tests Records

Contractor Agreements

3.6 Production, Engineering and Quality Control

Production Records

Production Statistics

Raw Material Traceability Records

General Correspondence

Quality Test Results

Calibration Records

Product Specifications

Machinery User Manuals

3.7 Logistics

Information relating to Freight Agents

Inventory

Shipping Information

Production and Delivery Plans

Policies and Procedures

General Correspondence

Minutes of Meetings

4. Records that can be accessed without a formal request

(i.e. a formal request as defined by the Promotion of Access to Information Act)

We do not hold any information that is available for general public access. However, in terms of the following Acts, we are required to ensure that certain categories of records are available for access as prescribed by each Act:

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

Notification of the availability of these records in terms of these Acts has not yet been given to the Cabinet Minister of Justice.

Please note that while we have made every effort to identify all pertinent legislation, we cannot guarantee that all legislation has been included. Should you be aware of any specific legislation that should be included and which has been omitted, please contact our Information Officer. Your assistance in this regard will be most appreciated.

5. Procedure to follow when submitting a formal request of access to a record

A request for access to a record that does not fall within the categories identified in Section 5 of this manual must be done formally either via conventional mail, e-mail or fax.

 

This request should be in the prescribed format as defined in Form C of Annexure B as identified in Government Notice Number 187, Regulation 6. A request form is also available from our offices. The prescribed request fee should be attached (refer to Section 8 of this manual for more details on the fees).

 

Our Information Officer will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted.

 

Please 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 requestor access to the requested record.

 

The request form must be completed CLEARLY and COMPLETELY in block letter. If there is insufficient space on the printed request form in which to answer a question, additional information must be provided on a separate page that is clearly marked and referenced.

5.1 If access to a record/information is granted, our response will include:

• 

An indication of the access fee that should be paid upon gaining access (if any);

An indication of the form in which the access will be granted;

A notice that you may lodge an application with the court against the access fee to be paid or the form of the access, including guidance on the procedure for lodging the application.

5.2 If access to a record/information is denied, our response will include:

• 

Adequate reasons for the refusal; and

Notice that you may lodge an application with the court against the extension and the procedure including the period, for lodging the application. For details on the procedure, please refer to Chapter 2 of Part 4 of the Promotion of Access to Information Act.

Assuming your request of access is granted, you will be able to gain access to the requested records as soon as is reasonably possible and once the access fee has been paid.

5.3 Access will be granted to a record if the following criteria are fulfilled:

• 

The record is required for the exercise or protection of any right;

The requestor complies with the procedural requirements in the Act relating to a request; and

Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4ofPart3oftheAct.

6. Denial of access

Access may be refused under limited circumstances including:

• 

Protecting personal information that we Rupert and Rothschild Vignerons (Pty) Ltd hold about a third person (who is a natural person) from unreasonable disclosure;

Protecting commercial information that we hold about a third party (for example 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 Rupert and Rothschild Vignerons (Pty) Ltd 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 Rupert and Rothschild Vignerons (Pty) Ltd; and

Records containing information about research being carried out or about to be carried out on behalf of a third party or Rupert and Rothschild Vignerons (Pty) Ltd.

7. Fees

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.

8. Request for access to information about third parties

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.