112 Oxford Road, Houghton Estate, Johannesburg, 2198 Private Bag X20, Rosebank, 2196, South Africa
Tel: +27 (0) 11 637 6000
Fax: +27 (0) 11 637 6624
Website: www.anglogoldashanti.com
ANGLOGOLD ASHANTI (Pty) Ltd ("AGA")
THE PROMOTION OF ACCESS TO INFORMATION MANUAL
("Manual")
THIS MANUAL IS PREPARED IN RESPECT OF AGA:
Wholly-owned South African incorporated subsidiaries of AGA (profit companies):
- AGRe Insurance Company Limited (2000/031577/06)
- Free State Consolidated Gold Mines (Operations) Limited (1937/009266/06)
- Gold of Africa Collection (2001/011620/08)
- Igolide (Pty) Ltd (1998/008738/07)
50%-owned:
Trusts:
• AngloGold Limited Employees' Share and Debenture Trust (IT 9334/98)
1. PREAMBLE
- This information manual has been compiled in accordance with the requirements of the Promotion of Access to Information Act, 2000 ("PAIA"). AGA and each of the companies and trusts to which this manual applies, is a private body as defined in PAIA. This manual contains the information specified in section 51(1) of PAIA, which is applicable to such private bodies. This manual provides an outline of the types of records held by AGA and the various companies and trusts in respect of which AGA exercises control, as referred to above, and explains how a person may submit requests for access to these records in terms of PAIA.
- PAIA came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.
- Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such body and stipulates the minimum requirements that the manual has to comply with.
- This Manual constitutes AGA's PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"), which gives effect to everyone's Constitutional right to privacy and largely commenced on 1 July 2020. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.
- This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
AngloGold Ashanti Limited
Reg No: 1944/017354/06
VERSION | POLICY OWNER | DATE |
4 | AGA Information Officer | June 2024 |
- ABOUT AGA
AGA is one of the world's largest gold producers by volume of gold produced and is also involved in sustaining and growing the market for gold. - ORGANOGRAM/STRUCTURE
Wholly-owned South African incorporated subsidiaries of AngloGold Ashanti (profit companies):
AGRe Insurance Company Limited (2000/031577/06)
Free State Consolidated Gold Mines (Operations) Limited (1937/009266/06) Gold of Africa Collection (2001/011620/08)
Igolide (Pty) Ltd (1998/008738/07)
50%-owned:
Trusts: AngloGold Limited Employees' Share and Debenture Trust (IT 9334/98) - CONTACT DETAILS
- Information Officer: Robin Fell
- Direct Tel: (011) 637 6000
- Sharecall: (011) 637 6000
- Email: paia@anglogoldashanti.com
- Fax: (011) 637 6624
- Physical address
112 Oxford Road, Houghton Estate, 2198, Johannesburg - Postal address
Private Bag x20, Rosebank, 2196, Johannesburg
AngloGold Ashanti Limited
Reg No: 1944/017354/06
5. INFORMATION REGULATORS GUIDE
An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:
Postal Address:
JD House
27 Stiemens Street
Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Telephone Number: 010 023 5200
E-mailAddress: enquiries@inforegulator.org.za
Website: https://inforegulator.org.za/
- OBJECTIVES OF THIS MANUAL The objectives of this Manual are:
- to provide a list of records held by the legal entity;
- to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;
- to define the manner and form in which a request for information must be submitted; and
- to comply with the additional requirements imposed by POPIA.
- ENTRY POINT FOR REQUESTS
- PAIA provides that a person may only make a request for information if the information is required for the exercise or protection of a legitimate right.
- Information will therefore not be furnished unless a person provides sufficient particulars to enable AGA to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of
AngloGold Ashanti Limited
Reg No: 1944/017354/06
that right. The exercise of a data subject's rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.
- The Information Officer has been delegated with the task of receiving and coordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.
- The Information Officer will facilitate the liaison with the internal legal team on all of these requests.
- All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 4 above.
8. RECORDS AVAILABLE ONLY ON REQUEST TO ACCESS IN TERMS OF THE ACT
This clause serves as a reference to the categories of information that AGA holds. The information is classified and grouped according to records relating to the following subjects and categories:
- AGA (Private Body) records:
- Financial records
- Minutes of meetings of the executive committee, departmental meetings and staff meetings.
- Strategic plans and other operational policies
- Annual reports and other statutory reports
- Newsletters, press releases and other publications
- Employee Records
- Employee records provided by employees
- Records provided by a third party relating to employees
- Conditions of employment and other employee-related contractual and quasi- legal records.
- Internal evaluation records and other internal records
AngloGold Ashanti Limited
Reg No: 1944/017354/06
- Correspondence relating to employees
- Training schedules and material
- Internal Correspondence and Documents:
- Company policies and procedures
- Registers
- Minutes of meetings
- Statutory returns
- Powers of attorney
- Share certificates
- Title deeds
- Lease agreements
- Hire agreements
- Hire-purchaseagreements
- Credit sale agreements
- Ordinary and conditional sale agreements
- Insurance policies and related claims
- Other Party Records
Employee, supplier or private body records which are held by another party, as opposed to the records held by AGA itself.
- Records held by AGA pertaining to other parties, including without limitation, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
- AGA may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to AGA.
AngloGold Ashanti Limited
Reg No: 1944/017354/06
- Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst others, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to normal requirements, before AGA will consider access.
- RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF THE ACT
- Records of a public nature, typically those disclosed on the AGA's website and in its various annual reports, may be accessed without the need to submit a formal application.
- This information includes amongst other things, AGA's:
- Corporate profile;
- Board and executive management;
- Values and strategy;
- Mining portfolio;
- Annual reports;
- ESG performance;
- Stock prices and all recent market publications;
- Purchase order terms and conditions;
- Supplier code of conduct;
- Local procurement; and
- Agreement for the supply of products;
- Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with the Information Officer.
- INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
- Where applicable to its operations, AGA also retains records and documents in terms of the legislation listed below. Unless disclosure is prohibited in terms of legislation, regulations,
AngloGold Ashanti Limited
Reg No: 1944/017354/06
contractual agreement or otherwise, records that are required to be made available in terms of these acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act; the below mentioned legislation, and applicable internal policies and procedures, should such interested parties be entitled to such information. A request to access must be done in accordance with the prescriptions of the Act.
Legislation | Records | |
Basic Conditions of Employment Act, 1997 | | Employee details. |
| Labour relations reports. | |
Information regarding dismissals for | ||
dishonesty-related behaviour. | ||
Information on disability, trade | ||
union membership, race and | ||
religion. | ||
Employee next of kin or emergency | ||
contact details. | ||
Conflict-of-interest declarations. | ||
| Education information. | |
Health and safety records. | ||
Pension and provident fund | ||
records. | ||
| Leave records. | |
| Internal evaluations and | |
performance records. | ||
| Disciplinary records. | |
| Training records. | |
| Background checks. | |
Broad-based Black Economic Empowerment | | Skills development section on the |
Act, 2003 | Financial Services Council report | |
(no unique identifiers). | ||
| BBBEE status. | |
BBBEE status of suppliers. | ||
| Supplier employee information. | |
| Contractor and supplier | |
agreements. | ||
List of suppliers, products, services | ||
and distributors. | ||
Companies Act, 2008 | | Memorandum of Incorporation |
| Minutes of meetings. | |
AngloGold Ashanti Limited
Reg No: 1944/017354/06
Other records and correspondence. | ||
Compensation for Occupational Injuries and | | Record of the earnings and other |
Health Diseases Act, 1993 | prescribed particulars of all | |
employees. | ||
Employment Equity Act, 1998 | | Employment equity plans and |
targets. | ||
Financial Intelligence Centre Act, 2001 | | Identification and verification |
records. | ||
Client due-diligence records. | ||
Applications for credit or credit | ||
agreements. | ||
Risk management and compliance | ||
programme. | ||
Income Tax Act, 1962 | | IT3. |
| IRP5. | |
| T3a. | |
| Monthly IRP5 file. | |
| Unemployment Insurance Fund | |
(UIF) files. | ||
| PAYE information. | |
| SDL information. | |
| VAT records. | |
| Ledgers. | |
| Cash books. | |
| Journals. | |
| Bank statements. | |
| Deposit slips. | |
| Invoices. | |
Other books of accounts. | ||
| Electronic representations of | |
information. | ||
Insolvency Act, 1936 | | Contracts with the client, third party, |
and between the client and other | ||
persons. | ||
Details of contracts, clients, and | ||
third parties entered into with AGA. | ||
Details of transactions carried out | ||
with AGA. | ||
| Engagement letters. | |
| Minutes of meetings. | |
AngloGold Ashanti Limited
Reg No: 1944/017354/06
Records of correspondence or | ||
enquiries from Clients or anyone | ||
acting on Clients' behalf. | ||
| Other Records and | |
correspondence. | ||
Labour Relations Act, 1995 | | Disciplinary records, including |
outcomes. | ||
| Labour relations reports. | |
| Arbitration awards. | |
Records of strike action and | ||
protests. | ||
Occupational Health & Safety Act, 1993 | Occupational health and safety (OHS) reports | |
including the following: | ||
| Learning history report, | |
| OHS agreement, | |
| OHS appointment letters, | |
Data Centre procedure documents, | ||
| Incident reports, | |
Personal information for workmen's | ||
compensation, | ||
Personal information of visitors to | ||
our premises and branches, | ||
| CCTV footage. | |
Prevention and Combating of Corrupt | | Anti Bribery and Corruption Policy. |
Activities Act, 2004 | ||
| Corrupt or fraudulent employee, | |
client or merchant activities. | ||
Reports on corrupt and fraudulent | ||
activities to law enforcement | ||
agencies. | ||
Supplier Code of Ethics. | ||
| Tender awards. | |
Promotion of Access to Information Act, 2000 | | The PAIA manual. |
| PAIA guide. | |
| PAIA forms. | |
Protection of Personal Information Act, 2013 | | Document Retention Policy. |
Internal and External Privacy | ||
Policy. | ||
| Personal Information Sharing | |
Policy. | ||
AngloGold Ashanti Limited
Reg No: 1944/017354/06
Attachments
- Original Link
- Original Document
- Permalink
Disclaimer
Anglogold Ashanti plc published this content on 18 June 2024 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 18 June 2024 11:29:07 UTC.