The Promotion of Access to Information Act 2 of 2000 (the “Act”) gave effect to
section 32 of the 1996 Constitution of the Republic of South Africa, which provides
that everyone has a right of access to information held by a public or private body,
that is required for the exercise or protection of any rights.
This Manual is published in terms of Section 51 of the Act. The Act sets out the
requirements which a requester for such information must meet as well as the
grounds upon which such request can be refused. This PAIA Manual (“Manual”)
accordingly informs requesters the procedural steps to be taken to gain access to
The Act however, also recognises that such a right of access to information is
subject to justifiable limitations and seeks to balance the requester’s constitutional
right to information against the Information Officer’s right to refuse access to
information on any of the grounds mentioned in Part 2, Chapter 4 of the Act.
O&L Nexentury (Pty) Ltd (the “Company”) conducts business as
a global Independent Power Producer (IPP), focused on providing solar power
solutions to mining companies, industrials and municipalities.
O&L Nexentury SA (Pty) Ltd (the “Company”) is a focused
renewable energy IPP developer, an engineering, procurement and construction
(EPC) contract management company, an O&M Service Provider and a strategic
investor in the IPPs it develops.
The Company specializes in the development, financing, construction and the
long-term operations of captive photovoltaic and hybrid PV / thermal power
solutions for Africa’s public and private sectors. It provides its clients with
innovative and bankable power generation facilities while ensuring cost effective,
reliable, dedicated clean energy supply.
3. Company Information
Company: O&L Nexentury SA (Pty) Ltd
Chief Executive Officer: Alexandre Vassev / Rollie Armstrong /
Registration Number: 2011 / 146613 / 07
Registered Physical Address: Unit 308 The Foundry,
74 Prestwich Street,
Registered Postal Address: Unit 308 The Foundry,
74 Prestwich Street,
Telephone: +27 (21) 201 – 6988
Facsimile: +49 89 919 290 179
4. Contact Details of Information Officer
All requests for records in terms of this Manual / the Act, are to be addressed to the Information Officer:
Information Officer: Ms. Sabrina Steinhauser
5. South African Human Rights Commission Guide
The South African Human Rights Commission (“Commission”), in terms of Section 10 of the Act, provides for the Commission to compile a guide to assist people in using and understanding the Act as well as to assist those with accessing their right to information.
The guide may be obtained from directly from the Commission or on its website:
Telephone number: (011) 877 3600
Fax number: (011) 403 0625
6. Request Procedure
A request for access to records, in terms of Section 50 of the Act, must be made on the prescribed Form C, which is annexed to this Manual. The requestor must provide sufficient details to enable the Information Officer to identify the records being requested and the identity of the requester. The purpose of the request as well as the right to which the requestor is trying to protect, in terms of Section 53(2)(d) is to be stated as well.
Once Form C is complete and the applicable fees and deposit (if applicable) are paid, the Form is to be sent to the Information Officer, who will confirm receipt of your request. Within 30 (thirty) days from receipt of your request, the Information Officer will either grant or deny access to such records.
7. Refusal of Access to Records
The Company may, and in certain circumstances, must refuse access to records on any of the grounds set out in Section 64(1) of the Act. These grounds of refusal include, but are not limited to:
a. That access would result in the unreasonable disclosure of personal information about a third party or the Company itself;
b. That it is necessary to protect the confidential information of a third party or the Company itself;
c. It is necessary to protect the safety of individuals or property;
d. That a record constitutes privileged information for the purposes of legal proceedings; or
e. It is necessary to protect the Company.
8. Voluntary Disclosure Notice
The Company is not obliged and has not published a notice in terms of Section 52(2) of the Act, and accordingly there are no categories of records that are automatically available without a person having to request access.
9. Records held by the Company in terms of Section 51(1)(D)
The Company maintains records and information on the following categories, however please note that the recording of a category or subject in this Manual does not imply that a request for access to such records will be granted. All requests will be evaluated on a case by case basis and in accordance with the provisions of the Act.
a. Commercial Records
• Company Registration Documents
• List of Directors
• BBBEE documentation
• Policies and Procedures
• Environmental Records
• Asset Register
b. Financial Records
• Annual Financial Statements
• Company Tax Records
• Letter of Good Standing (South African Revenue Service)
• Accounting and bookkeeping records
c. Human Resources
• Contracts of Employment
• Policies and Procedures
• Employee information
• Letter of Good Standing (Occupational Health and Safety Act)
d. Technical Records
• Data analysis
• Intellectual Property
• Project information
10. Records available in terms of any other legislation, other than PAIA
Where applicable to its operations, the Company also retains records and documents in terms of other legislation.
Below is a list of legislation in which the company retains records, which list is not exhaustive:
a. Basic Conditions of Employment Act 75 of 1997
b. Broad Based Black Economic Empowerment Act 53 of 2003
c. Companies Act 71 of 2008
d. Compensation for Occupational Injuries and Diseases Act 130 of 1993
e. Customs and Excise Act 91 of 1964
f. Electricity Regulation Act 4 of 2006
g. Employment Equity Act 55 of 1998
h. Income Tax Act 58 of 1962
i. Labor Relations Act 66 of 1995
j. National Environmental Management Act 107 of 1998
k. Occupational Health and Safety Act 85 of 1993
l. Skills Development Act 97 of 1998
m. Skills Development Levies Act 9 of 1999
n. Unemployment Insurance Act 30 of 1996
o. Value Added Tax Act 89 of 1991
11. Availability this Manual
This Manual is available free of charge at the Company’s premises, the details of which appear in clause 3 above, as well as on the Company’s website.
The Company will update this Manual as and when required.
12. Form C and Prescribed Fees
Form C – Request for Access to a Record of a Private Body: