NO. 2 OF 2000

By Dairybelle Holdings Proprietary Limited



Dairybelle Holdings Proprietary Limited, registration number 2002/322280/07 is a private body as defined in the Promotion of Access to Information Act 2 of 2000 (“Act”). This manual has been compiled in relation to Dairybelle Holdings Proprietary Limited. The motivation for the Act is to be found in the Constitution of South Africa. The Constitution provides that everyone has a right of access to information held –
• by the state, where no reason for access to the information needs to be established (section 32(1)(a) of the Constitution) or,
• by a private body, if the requestor requires a record for the exercise or protection of any right (section 32(1)(b) of the Constitution).
The Constitution further requires that legislation be enacted to give effect to the provision of section 32. The Act has been enacted to meet this requirement.
In terms of the Act any person has a right of access to a record held by or under the control of a private body if the record –
• is required for the exercise or protection of any right;
• the requestor has complied with all the procedural requirements of the Act; and
• the private body is not entitled to refuse access to the record requested in terms of the grounds of refusal established in the Act.
The grounds for refusal are –
• mandatory protection of the privacy of a third party who is a natural person (human being);
• mandatory protection of commercial information of a third party;
• mandatory protection of certain confidential information of a third party;
• mandatory protection of the safety of individuals, and the protection of property;
• mandatory protection of records privileged from production in legal proceedings;
• commercial information of a private body;
• mandatory protection of research information of a third party and of a private body.
The first issue to confirm is whether the request is procedurally correct. This will be facilitated by properly and fully completing the information required in the “Request for Access to a Record”. If assistance is required, the information officer will render all reasonable assistance to a requester in complying with the procedures set out in the Act. He/she will also require that the requester is properly identified and that the applicable fee and, if applicable a deposit, has been paid. Only after these requirements have been satisfied will the 30 (thirty-day) period, within which the information officer is obliged to give the requester notice of his/her decision, begin to run.
The second issue to confirm is whether the requester has evidenced, in the request, that he/she requires the record to exercise or protect a right. If the information officer is satisfied that the information provided by the requester supports this requirement the third enquiry will be conducted.
The third issue to confirm is whether the information officer must or may refuse the request on the basis of a “Ground for Refusal” set out in the Act. In certain instances, this decision is mandatory and in others it is discretionary.
Once the information officer has made his/her decision he/she must inform the requester of the decision and, if the request if refused, provide reasons for the refusal.
If the requester is aggrieved by either the fees charged for access to a record, the form in which access is provided to a record, or by a refusal to grant access to a record, the requester is entitled to apply to court for appropriate relief, within thirty days of receiving notice of the decision.
Dairybelle Holdings Proprietary Limited endorses the object of the Act, which is to give effect to the constitutional right of access to information, subject to justifiable limitations. The manual is intended to assist requesters in exercising this right.


Information Officer

Mr. S van der Merwe

Postal Address

P.O Box 413849, Craighall, 2024

Registered Address

Katherine & West
114 West Street
Unit 28, Level 4

Tel. No

Mr. S van der Merwe

eMail Address

Mr. S van der Merwe


A Guide has been compiled in terms of section 10 of the Act by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by the Act. It is available in all of the official languages. The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at –
• Street Address: 27 Stiemens Street, Braamfontein, 2198
• Website:


In terms of section 52(1), Dairybelle Holdings Proprietary Limited may make certain categories of records automatically available without the requester having to request access in terms of the Act. These would include –
• Reports
• Other literature
intended for public viewing • Public customer
If the requester believes that any other statutory instrument allows access to a record this should be referred to the information officer who will within a reasonable period (not being more than 10 (ten) days, consider a request in the light thereof.


Records available in terms of other legislation are as follows –
• Basic Conditions of Employment No. 75 of 1997
• Bills of Exchange Act No. 34 of 1964
• Broad Based Black Economic Empowerment Act No. 53 of 2003
• Companies Act No. 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
• Competition Act No. 89 of 1998
• Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
• Consumer Protection Act No. 68 of 2008
• Copyright Act No. 98 of 1978
• Credit Agreements Act No. 75 of 1980
• Currency and Exchanges Act No. 9 of 1933
• Customs and Excise Act No. 91 of 1964
• Employment Equity Act No. 55 of 1998
• Electronic Communications Act No. 36 of 2005
• Electronic Communications and Transactions Act No. 25 of 2002
• Finance Act No. 35 of 2000
• Financial Intelligence Centre Act No. 38 of 2001
• General Pensions Act No. 29 of 1979
• Harmful Business Practices Act No. 23 of 1999
• Import and Export Control Act No. 45 of 1963
• Income Tax Act No. 95 of 1967
• Insider Trading Act No. 135 of 1998
• Insolvency Act No. 24 of 1936
• Intellectual Property Laws Amendments Act No. 38 of 1997
• Labour Relations Act No. 66 of 1995
• Long Term Insurance Act No. 52 of 1998
• Medical Schemes Act No. 131 of 1998
• Municipal Finance Management Act No. 56 of 2003
• National Building Regulations and Building Standards Act No. 103 of 1977
• National Credit Act No. 34 of 2005
• National Environmental Management: Waste Act No. 59 of 2008
• Occupational Health & Safety Act No. 85 of 1993
• Patents Act No. 57 of 1978
• Pension Funds Act No. 24 of 1956
• Post Office Act No. 44 of 1958
• Price Control Amendment Act, No. 80 of 1967
• Prescribed Rate of Interest Act No. 55 of 1975
• Prevention and Combating of Corrupt Activities Act No. 12 of 2004
• Promotion of Access to Information Act No. 2 of 2000
• Protected Disclosures Act No. 26 of 2000
• Protection of Businesses Act No. 99 of 1978
• Public Finance Management Act No. 1 of 1999
• Regional Services Councils Act No. 109 of 1985
• Regulation of Interception of Communications and Provision of Communication Related Information Act No. 70 of 2002
• SA Reserve Bank Act No. 90 of 1989
• Second Hand Goods Act No. 23 of 1955
• Sale and Services Matters Act No. 25 of 1964
• Securities Services Act No. 36 of 2004
• Securities Transfer Tax Act No. 25 of 2007
• Securities Transfer Tax Administration Act No. 26 of 2007
• Short Term Insurance Act No. 53 of 1998
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Stamp Duties Act No. 77 of 1968
• Stock Exchange Control Act No. 1 of 1985
• Tax on Retirement Funds Act No. 38 of 1996
• Trade Practices Act No. 76 of 1976
• Trade Marks Act No. 194 of 1993
• Uncertificated Securities Tax Act No. 31 of 1998
• Unemployment Contributions Act No. 4 of 2002
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991


1. Companies Act Records

• Documents of incorporation
• Memorandum and Articles of Association
• Memorandum of Incorporation
• Minutes of Board of Directors meetings
• Records relating to the appointment of directors/ auditor/ secretary/public officer and other officers
• Share Register and other statutory registers

2. Financial Records

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Paid Cheques
• Electronic banking records
• Asset Register
• Rental Agreements
• Invoices

3. Income Tax Records

• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• Regional Services Levies
• Skills Development Levies
• Workmen’s Compensation

4. Personnel Documents and Records

•Employment contracts
• Employment Equity Plan
• Medical Aid records
• Pension Fund records
• Disciplinary records
• Salary records
• SETA records
• Disciplinary code
• Leave records
• Training records
• Training Manuals

5. Intellectual Property

• Trademarks
• Copyright
• Licenses

6. Marketing and Sales

• Market information
• Public customer information
• Product brochures
• Owner manuals
• Product sales records
• Marketing strategies

7. Immovable and Moveable Property

• Agreements for leased property by the Company
• Leases in respect of vehicles
• Office equipment leases

8. Insurance

• Insurance policies

9. Software

• Software licenses
• Software agreements
• Software library


• The requester must complete Annexure A and submit this form together with a request fee, to the information officer of the private body.
• The form must be submitted to the information officer of the private body at his/her address, fax number, or electronic mail address
• The form must:- provide sufficient particulars to enable the information officer of the private body to identify the record/s requested and to identify the requester, indicate which form of access is required, specify a postal address or fax number of the requester in the Republic, identify the right that the requester 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 in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner, if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer of the private body.


At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.


In terms of section 54(1) of the Act the head of a private body (or by implication its information officer) is not obliged to process the request until the prescribed request fee (currently R50.00 (fifty rand)) has been paid. Unless and until the fee or any deposit that the requester is required to pay in terms of the Act, and all other procedural requirements have been complied with the 30 (thirty day) period allowed for the information officer to consider, the request shall not commence. A schedule of the prescribed fees may be obtained by viewing regulation R187 on the South African Human Rights Commission’s website at As at the date of publication of this manual, the fees are as set out in Annexure B.


Copies of this manual are obtainable in hardcopy from the premises of Dairybelle Holdings Proprietary Limited, and in electronic format by return email addressed to . The following reference must be inserted in the subject line of the email “Request for Manual”. This manual will be published as required by the Act.



A. Particulars of Private Body
[Full registered name of company] Information Officer
Attention: [name]
Postal Address: [address]
Street Address: [address]
Tel. No.: [number]
Fax. No: [number]
Email address: [address]
B. Particulars of Person requesting access to the Record
a) The particulars of the person who requests access to the record must be given below.
b) The address and contact number in the Republic of South Africa to which the information is to be send must be given.
c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full Name and Surname (if natural person):
Full Name of Entity (if juristic person):
Identity Number (if natural person):
Registration Number (if juristic person):
Postal Address:
Postal Address:
(cell phone)
Email Address
Capacity in which request is made, when made on behalf of another person:
C. Particulars of Person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person. If the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer of the private body.
Full Names and Surname :
Identity Number:
a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
b) If the provided space is inadequate, please continue on a separate piece of paper and attach it to this form. The requester must sign all the additional pages.
Description of record or relevant part of the record:
Reference number, if available
Any further particulars of record:
E. Fees
a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
b) You will be notified of the amount required to be paid as the request fee.
c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
d) If you qualify for exemption of the payment of any fee, please state the reason for exemption
Reason for exemption from payment of fees:
F. Form of access to Record
If you are prevented by a disability from reading, viewing or listening to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Form in which record is required:
Mark the appropriate box with an X

a) Compliance with your request in the specified form may depend on the form in which the record is available.
b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
Copy of record *
Form in which record is required: