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8 Forest Mews, Forest Drive, Pinelands, 7405
Tel: +27 21 532 6988; Fax: +27 21 532 6999
Internet site: www.foord.co.za
MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO 2 OF 2000, FOR THE FOLLOWING ENTITIES:
• Foord Asset Management (Pty) Ltd
• Foord Unit Trusts Limited
• Foord Holdings (Pty) Ltd
• African Capital Management (Pty) Ltd
• Foord Compass Limited
• Foord Umbrella Provident Fund
CONTENTS
A. INTRODUCTION TO ENTITIES
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details
2. The section 10 Guide on how to use the Act
3. Types of Records
(a) Records available in terms of any other legislation
(b) Records available without requesting access in terms of
the Act
(c) Records available on request
4. Requesting procedures
5. Availability of the manual
A. INTRODUCTION TO ENTITIES
Foord Asset Management (Pty) Limited is approved by the Financial Services Board (“the FSB”) as an authorized financial services provider, as well as a pension fund administrator. Foord Unit Trusts Ltd is registered with the FSB as a unit trust management company.
African Capital Management (Pty) Ltd and Foord Holdings (Pty) Ltd are wholly owned subsidiaries of Foord Asset Management (Pty) Ltd. Foord Unit Trusts Ltd is a wholly owned subsidiary of Foord Holdings (Pty) Ltd. Foord Compass Ltd owns a portfolio of listed securities and is primarily financed by unsecured debentures, which is listed on the JSE Securities Exchange South Africa.
As an approved pension fund administrator, Foord Asset Management (Pty) Ltd acts as the administrator of the Foord Umbrella Provident Fund.
The CEO of Foord Asset Management (Pty) Limited has tasked the Compliance Officer to attend to all matters relating to this Act.
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
This Manual has been compiled in accordance with the Promotion of Access to Information Act 2 of 2000 (“the Act”) and applies to all the identified entities.
1. Contact details
Foord Asset Management (Pty) Limited will deal with all requests relating to any of the entities. All requests for information in terms of this manual should be directed to:
The Compliance Officer
Foord Asset Management (Pty) Limited 5 Forest Mews,
Po Box 135 c/o Forest Drive and Lonsdale Avenue
HOWARD PLACE Pinelands
7450 CAPE TOWN
Telephone: +27 - 21 – 532 6988
Fax: +27 - 21 – 532 6999
2. The section 10 Guide on how to use the Act
Should you require greater clarity on or assistance with the Act, we refer you to the Guide that must be published by the South African Human Rights Commission (“SAHRC”) in terms of section 10 of the Act. It will, inter alia, include:
• the objectives of the Act
• the relevant contact details of each public and private body (where
possible)
• the process that needs to be followed in order to request access to
records
• assistance available from the SAHRC and information officers of
public bodies
• how to obtain access to the manual of a private body
• all the remedies available to you in law
• details on prescribed fees payable in respect of requests for
information
The Guide will be printed in each official language in the Government Gazette and will be available for inspection by the public at the offices of the SAHRC.
Please direct any queries to:
The South African Human Rights Commission:
PAIA Unit (The Research and Documentation Department)
Postal address: Private Bag 2700
HOUGHTON
2041
Telephone: +27 - 011 484 – 8300
Fax: +27 - 011 484 – 0582/1360
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
3. Types of Records
(a) Records available in terms of any other legislation
All records kept and made available in terms of legislation applicable to any of the entities listed in this Manual and the Financial Services Industry in general, as it applies to the specific environment in which the entity operates, are available in accordance with said legislation.
(b) Records available without requesting access in terms of the Act
A private body may, on a voluntary and periodic basis, submit to the Minister a description of categories of records, which are automatically available without a person having to request access in terms of the Act. The Minister must publish any description so submitted by notice in the Gazette.
The identified entities have not submitted any such description for publication in the Gazette. Certain records are however freely available on the website at www.foord.co.za.
(c) Records available on request
We set out below the subjects and categories of records that are, subject to access being denied as set out in the Act, available for the purposes of the Act:
Records are held on the following subjects:
• Personnel records
• Client-related records
• Private body record
• Records in the possession of or pertaining to other parties
(i) Personnel records
Personnel refers to any person who works for or provides services to or on behalf of the private body and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the private body. This includes, without limitation, directors, executives, non-executives, all permanent, temporary and part-time staff as well as contract workers.
Personnel records include the following:
• Any personal records provided to the private body by their
personnel;
• Any records a third party has provided to the private body about
any of their personnel;
• Conditions of employment and other personnel-related contractual
and quasi-legal records;
• Internal evaluation records; and
• Other internal records and correspondence.
(ii) Client-related records
A client includes any natural or juristic entity, who receives services from the private body.
Client-related information includes the following:
• Any records a client has provided to a third party acting for or on
behalf of the private body;
• Any records a third party has provided to the private body; and
• Records generated by or within the private body pertaining to the
client, including transactional records.
(iii) Private body records
The following are considered to include but not be limited to records, which pertain to the private body’s own affairs:
• Financial records;
• Operational records;
• Databases;
• Information technology;
• Marketing records;
• Internal correspondence;
• Records relating to products and services;
• Statutory records;
• Internal policies and procedures;
• Treasury-related records;
• Securities and equities; and
• Records held by officials of the private body.
(iv) Other parties
The private body may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, service providers. Alternatively, such other parties may possess records, which can be said to belong to the private body.
The following records fall under this category:
• Personnel, client or private body records that are held by another party
as opposed to being held by the private body; and
• Records held by the private body pertaining to other parties,
including without limitation, financial records, correspondence,
contractual records, records provided by the other party, and records
third parties have provided about the contractors / suppliers.
4. Requesting procedures
A person who wants access to the records of any of the identified entities must complete the necessary request form.
The request form can be accessed on www.foord.co.za or www.sahrc.org.za. If a person needs assistance to obtain the form or on any other matter, please contact the Compliance Officer at the telephone number provided in clause 1.
The completed request form must be sent to the address or fax number provided in clause 1 and marked for the attention of the Compliance Officer.
The Compliance Officer will process the request and inform the requester of the fees (if any) that are payable and of the different procedures that must be followed until the request is finalised. A copy of the fee structure applicable to private bodies can be accessed on www.foord.co.za.
All the pertinent sections must be completed fully, failing which the process will be delayed while the Compliance Officer requests such additional information.
NOTE: Access to certain records may be or must be denied on the grounds set out in the Act.
Mandatory grounds for refusal include but are not limited to:
• Information for the protection of the privacy of individuals
• Information for the protection of commercial information and
confidential information of third parties
• Information privileged from production in legal proceedings
• Commercial or research information of the company
5. Availability of the manual
Copies of this manual are available for inspection, free of charge, at the offices of Foord Asset Management (Pty) Ltd. Copies are also available from the South African Human Rights Commission and on our website (www.foord.co.za).