PAIA Manual
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PAIA Manual
In terms of Section 51 of the Promotion of Access to Information Act No 2 of 2000 as amended (“the Act”) as read with the protection of Personal Information Act No 4 of 2013(“POPIA”)
for
AKACIA MEDICAL AND HEALTHCARE GROUP (PROPRIETARY) LIMITED
and its subsidiaries, divisions and associated companies
1. Purpose
1.1. The purpose of this document is to serve as the Manual for the Akacia group of companies as constituted by Akacia Medical and Healthcare Group (Proprietary)Limited (Registration number: 2014/106769/07), office address, 101 Central Street, Houghton Estate, Johannesburg, 2198 and its subsidiaries, divisions and associated companies from time to time as required in terms of the Act and provide a reference as to the records held and the procedures that need to be followed to request access to such records.
1.2. This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (“PAIA”), incorporating the requirements of the Protection of Personal Information Act, 2013 (“POPI”).
2. PAIA
2.1. PAIA gives third parties the right to approach private bodies to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body is obliged to release such information unless PAIA expressly states that the records containing such information may or must not be released.
2.2. This manual will help you get understand the information we hold and how to access it if necessary. We are required in terms of PAIA to make this manual available to you so you can see what type of information we have, as well as how you can request to get access to it.
3. Akacia Medical and Healthcare Group
3.1. Akacia Medical and Healthcare Group (Pty)Limited
3.2. Through its principal and wholly owned subsidiaries, and divisions, Akacia Medical (Pty) Ltd, Clinisut (Pty) Ltd and MSQ Diagnostics (Pty) Ltd, Akacia Surgical and Clinisut, conducts business comprising the manufacture, supply and distribution of medical and surgical devices, equipment and related accessories
3.3. For purposes of this Manual Akacia and its subsidiaries and divisions will individually and collectively be referred to as “the Group”. Accordingly, the active operating subsidiaries and divisions covered by this Manual are set out hereunder.
4. Our Details
Akacia
Company name | Akacia Medical and Healthcare Group (Pty) Ltd |
Registration Number | 2014/106769/07 |
Postal Address | P.O Box 995 Houghton, 2041 |
Physical Address | 101 Central Street, Houghton Estate, Johannesburg, 2198 |
Telephone Number | +2710 003 7900 |
Fax Number | Not applicable |
General contact email address for the company | |
Email address for heads of the company | n/a |
Website |
Operating Subsidiaries/Divisions
Company name | Akacia Medical (Pty) Ltd |
Registration Number | 1997/014984/07 |
Postal Address | P.O. Box 36579, Chempet, 7442 |
Physical Address | Kiepersol Crescent, Atlas Gardens, Contermanskloof Road, Table View, 7441 |
Telephone Number | +2721 521 4100 |
Fax Number | |
General contact email address for the company | |
Email address for heads of the company | |
Website |
Company name | Clinisut (Pty) Ltd |
Registration Number | 2014/106769/07 |
Postal Address | P.O. Box 63706, Greenacres, Port Elizabeth, 6057 |
Physical Address | 25 Harrower Road, Kensington, Port Elizabeth, 6001 |
Telephone Number | +27 41 373 9599 |
Fax Number | +27 41 373 9601 |
General contact email address for the company | |
Email address for heads of the company | |
Website |
Company name | MSQ Diagnostics (Pty) Ltd |
Registration Number | 2017/311994/07 |
Postal Address | P.O. Box 995 Houghton |
Physical Address | 101 Central Street, Houghton Estate, Johannesburg, 2198 |
Telephone Number | +2710 003 7900 |
Fax Number | n/a |
General contact email address for the company | queries@msqdiagnostics.co.za |
Email address for heads of the company | |
Website |
Division name | Akacia Surgical |
Registration Number | N/A |
Postal Address | P.O. Box 995 Houghton |
Physical Address | 101 Central Street, Houghton Estate, Johannesburg, 2198 |
Telephone Number | +2710 003 7900 |
Fax Number | n/a |
General contact email address for the division | |
Email address for heads of the company | |
Website |
5. Contact details: Section 51(1)(a)
5.1. The Chief Executive Officer of Akacia, as Head of Akacia as defined in the Act and in accordance with a resolution of the Akacia Board has duly authorised the contact person below to ensure that the Act is complied with vis-a-vis the Group:
5.2. Contact Person: Yolanda Kubeka
5.3. Designation: Group Information Officer
5.4. Physical Address :101 Central Street, Houghton Estate, Johannesburg, 2198
5.5. Postal Address : P O Box 995, Houghton, 2041
5.6. Telephone: +2710 003 7900
5.7. E-mail address: yolanda@akaciamedical.co.za
5.8. Website address www.akaciamedical.co.za
5.9. Where relevant, assistance may be provided by Deputy Information Officers as appointed by the Group Information Officer, within each of the subsidiaries and divisions.
6. Access to Information Section
6.1. The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. For purposes of the Act, Akacia and all its subsidiaries are private bodies.
6.2. Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. Please see details below.
7. Further guidance on how you can get access to information
7.1. If you, as a Requester , would like to find out more information about PAIA you can contact the South African Human Rights Commission (“SAHRC”) who have compiled a guide in terms of Section 10 of the Act, in each official language on how to exercise any right contemplated in PAIA and for the purposes of exercising Constitutional Rights. If you want to get the guide, the SAHRC can be contacted on either 011 484 8300 or via their website, www.sahrc.org.za. The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.
7.2. If you want to get the guide, the SAHRC or have any enquiries regarding this guide and its contents please contact:
7.2.1. The South African Human Rights Commission:
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-7146
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
or, alternatively, its successor
7.2.2. The Information Regulator (South Africa)
SALU Building, 316 Thabo Sehume Street, Pretoria
Ms. Mmamoroke Mphelo
Tel: 012 406 4818
Fax: 086 500 3351
E-mail: inforeg@justice.gov.za
8. How you can request Access to Information
8.1. In order to comply with our obligations in terms of PAIA we have authorised and designated the Group Information Officer referred to above to deal with all matters relating to PAIA. In order to request access to a record please complete the Request for Access Form(Form C) which is available at www.sahrc.org.za (please see copy attached) and submit it to the Group at its physical address, its fax number or general contact email address provided above for the attention of the Group Information officer.
8.2. When making a request you will need to provide sufficient details to enable the Group to identify:
8.2.1. The record(s) requested;
8.2.2. The requester (and if an agent is lodging the request, proof of capacity);
8.2.3. The form of access requires:
8.2.3.1. The postal address, email address or fax number of the requester in the Republic;
8.2.3.2. If the requester wishes to be informed of the decision in any manner (in addition to written) and the manner and particulars thereof;
8.2.4. The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
8.3. Please take note of the following guidelines when completing the Request for Access to Record of a Private Body (Form C):
8.3.1. The form must be completed by filling in all lines and spaces;
8.3.2. Proof of the identity, in the form of a copy of the applicant’s identity document, is required to be submitted with the application;
8.3.3. If the applicant is a body corporate, the authority of the person submitting the application on behalf of such body corporate must be proven on the basis of a written authority to be attached;
8.3.4. Type or print in a clear eligible manner, if a question does not apply indicate so by inserting “N/A” in response to that question, and if there is nothing to disclose in response to a particular question write “NIL” in response thereto;
8.3.5. If there is insufficient space in the form, add additional folios on which the additional information is provided, clearly indicating to which question this relates.
9. The records we hold
A description of the records held by the Group, as required by PAIA, is set out in the table below.
CATEGORIES OF RECORDS ON EACH SUBJECT | FORM HELD | AVAILABILITY |
|
|
|
1. Group Secretarial Records | ||
Group Incorporation Documents | Electronic and physical | Automatically available |
Names of Directors | Electronic and physical | Automatically available on Group website [www.akaciamedical.co.za] |
Salaries of Directors | Electronic and physical | Not automatically available |
2. Financial Records of the Group | ||
Financial statements | Electronic and physical | Not automatically available |
Documents relating to taxation of the Group | Physical | Not automatically available |
Financial Agreements | Physical | Not automatically available |
Banking Details | Electronic and physical | Automatically available. Send email to accounts@akaciamedical.co.za |
3. Insurance of Group | ||
Insurance Policies held by the Group | Physical | Not automatically available |
CATEGORIES OF RECORDS ON EACH SUBJECT | FORM HELD | AVAILABILITY |
Register of all immovable property owned by the Group | Physical | Not automatically available |
4. Employees | ||
List of Employees | Electronic and physical | Not automatically available |
Personal information of employees | Electronic and physical | Not automatically available |
Employee contracts of employment | Electronic and physical | Not automatically available |
Pension Funds & Provident Fund | Electronic and physical | Not automatically available |
Salaries of Employees | Electronic and physical | Not automatically available |
Leave records | Physical | Not automatically available |
5. Group Policies and Directives | ||
Internal relating to employees and the Group | Electronic and physical | Not automatically available |
External relating to clients and other third parties | Electronic and physical | Not automatically available |
6. Agreements or Contracts | ||
Standard Agreements | Physical | Not automatically available |
Contracts concluded with customers | Physical | Not automatically available |
NDA’s | Physical | Not automatically available |
Letter’s of Intent, MOU’s | Physical | Not automatically available |
Third party contracts (such as Supplier agreements, Service Agreements etc.) | Physical | Not automatically available |
Office management contracts | Physical | Not automatically available |
Supplier contracts | Physical | Not automatically available |
7. Regulatory | ||
Permits, Licences or Authorities | Physical | Not automatically available |
8. Published Information | ||
External Newsletters and Circulars | Electronic and physical | Automatically available |
Internal Newsletters and Circulars | Electronic and physical | Not automatically available |
Information on the Group published by third parties | Electronic and/or physical | Not automatically available |
9. Customer Information | ||
Customer Details | Electronic and physical | Not automatically available |
Contact details of individuals within customers | Electronic and physical | Not automatically available |
Communications with customers | Electronic and physical | Not automatically available |
10. Information we hold to comply with the law
We hold information in accordance with the following current South African legislation and any amendments thereof and regulations thereto (only to the extent that the relevant legislation is applicable and which therefore makes disclosure of records compulsory):
10.1. Basic Conditions of Employment, No. 75 of 1997;
10.2. Broad-based Black Economic Empowerment Act, No. 53 of 2003;
10.3. Companies Act, No. 761 of 2008;
10.4. Consumer Protection Act, No 68 of 2008;
10.5. Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;
10.6. Competition Act, No. 89 of 1998;
10.7. Financial Intelligence Centre Act, No. 38 of 2001;
10.8. Electronic Communications and Transactions Act;
10.9. Employment Equity Act, No. 55 of 1998;
10.10. Hazardous Substances Act, No. 15 of 1973;
10.11. Income Tax Act, No. 95 of 1967;
10.12. Labour Relations Act, No. 66 of 1995;
10.13. Medical Schemes Act, No. 131 of 1998;
10.14. Medicines and Related Substances Act, No.15 of 1973;
10.15. National Credit Act No 34 of 2005;
10.16. National Environment Management Act, No. 107 of 1998;
10.17. National Health Act, No. 61 of 2003;
10.18. Occupational Health and Safety Act No. 85 of 1993;
10.19. Pension Funds Act No. 24 of 1956;
10.20. Promotion of Access to Information Act No. 2 of 2000;
10.21. Protected Disclosures Act No. 26 of 2000
10.22. Protection of Personal Information Act, No. 4 of 2013;
10.23. Tax on Retirement Funds Act, No. 38 of 1996;
10.24. Unemployment Contributions Act, No. 4 of 2002;
10.25. Unemployment Insurance Act, No. 63 of 2001; and
10.26. Value Added Tax Act No. 89 of 1991.
11. Other Information as may be Prescribed
The Minister of Justice and Constitutional Development has not made any regulations in terms of section 51(f) of the Act prescribing additional information.
12. What happens after you submit your Request for Access Form
12.1. Please note that the correct completion and submission of a Request for Access form does not automatically entitle or allow the applicant access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a category as specified in Part 3 Chapter 4 of the Act.
12.2. Please note further that if it is reasonably suspected that an applicant has obtained access to a record on the basis of the submission of materially incorrect, false or misleading information, legal proceedings may be instituted against such applicant.
12.3. Subject to an extension referred to below, you will be notified in writing whether your request has been approved or denied within 30 (thirty) calendar days after we have received a completed Request for Access Form.
12.4. Applicants must take note that in terms of the Act, the 30 days period mentioned above may be extended for a further period of not more than 30 days under certain circumstances (details will be provided together with the notification of such extension).
12.5. A decision will be made on the request and the applicant will be informed whether or not the application for access has been denied, or granted. In the event that the application is refused, the applicant will be given adequate reasons for the refusal and will be informed that the applicant may lodge an application with a Court against the refusal of the application, as well as the procedure (including the period) for lodging such application.
13. Grounds for refusal to access
13.1. In terms of PAIA we are allowed to refuse you access to certain documents.
13.2. Grounds on which the Group may refuse you access include:
13.2.1. Protecting personal information that the Group hold about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;
13.2.2. Protecting commercial information that the Group holds about a third party or the Group (for example trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of the Group or the third party);
13.2.3. If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
13.2.4. If disclosure of the record would endanger the life or physical safety of an
individual;
13.2.5. If disclosure of the record would prejudice or impair the security of property or means of transport;
13.2.6. If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme;
13.2.7. If disclosure of the record would prejudice or impair the protection of the safety of the public;
13.2.8. The record is privileged from production in legal proceedings, unless the legal privilege has been waived;
13.2.9. Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of the Group;
13.2.10. Disclosure of the record would put the Group at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
13.2.11. The record is a computer programme; and/or
13.2.12. The record contains information about research being carried out or about to be carried out on behalf of a third party of the Group.
13.3. If the Group has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try and locate the record.
13.4. If access is requested to a record that contains information about a third party, the Group is obliged to attempt to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event of the third party furnishing reasons for the support or denial of access, our designated Group Information Officer will consider these reasons in determining whether access should be granted, or not.
14. In what form we will give you access
If your request for access to records of the Group is approved, we will determine how we will provide access to you, unless you have requested access in a specific form.
15. How much it will cost you
15.1. Section 52 (3) of the Act states that fees payable for access to records are to be prescribed. The prescribed fees are as set out in the Fee Schedule which is available at www.sahrc.org.za.
15.2. The following applies to requests:
15.2.1. A requestor is required to pay the prescribed fees before a request will be processed;
15.2.2. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
15.2.3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
15.2.4. Records may be withheld until the fees have been paid.
15.3. In the event that a request for access is successful an access fee will be payable for the search, reproduction and/or preparation of records and which will be calculated based on the fee prescribed under the Act.
15.4. The requester will be informed of the access fee or deposit (if any) which is payable for having access to the records and for the search, reproduction and/or preparation work involved, the account details and of the methods in which payment may be made. In addition, a deposit may be requested which is fully refundable in the event that the application is ultimately refused.
16. Processing Personal Information
16.1. In terms of the POPIA we are required to detail how and what personal information we process.
16.2. We process many different kinds of personal information, mainly names, numbers, age, address, and purchasing activities and history on our website for the proper and effective operation thereof and all aspects of providing our products services to you.
16.3. We provide your information to sellers of products or services and to other third parties which are involved in the payment, delivery, purchase and marketing of our website, products and services.
16.4. We also provide your information to trusted third party service providers involved in the development and operation of the business, website and products and services.
16.5. We only process the personal information of people in South Africa who are older than 18 (eighteen).
16.6. Full details of our privacy practices can be found in our Privacy Notice which is available on our website http://www.akaciamedical.co.za.
17. Actual or Planned Trans border Flows of Personal Information
17.1. We do not plan to transfer personal information across borders out of South Africa but we may do so with third party cloud storage providers to secure or backup our data, or for technical reasons. The nature of cloud computing means that some data may be transferred across borders.
17.2. We will only transfer data to other countries who have similar privacy and data protection laws as our own.
18. General Description of Information Security Measures
18.1. The Group employs up to date technology to ensure the confidentiality, integrity and availability of the Personal Information under its care. Measures include:
18.1.1. firewalls;
18.1.2. virus protection software and update protocols;
18.1.3. logical and physical access control;
18.1.4. secure setup of hardware and software making up the IT infrastructure;
18.2. In respect of Akacia Medical its server is hosted with Xneelo at their Samrand Data Centre. The link provides the physical and network security at the data centre.https://xneelo.co.za/help-centre/products-and-services/security-and-reliability/
18.3. All software is kept up to date with the following additional security measures in place:
18.3.1. Advanced Firewall
18.3.2. Malware Detection (Antivirus)
18.3.3. Proactive Defence
18.3.4. Patch Management
18.3.5. Reputation Management
18.4. Outsourced Service Providers who process Personal Information on behalf of the Group may be contracted to implement security controls. They will at all times do so only in terms of our Privacy Notice.
1. Remedies Available if Request for Information is Refused
1.1. The decision made by the Group Information Officer pertaining to a request is final, and requestors will have to exercise such external remedies at their disposal if a request is refused, and the requestor is not satisfied with the response provided by the Group Information Officer.
1.2. A requestor or third party that is dissatisfied with the Group Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision, apply to a court for relief. For purposes of PAIA, courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.
2. Availability of the Manual
2.1. The manual is available for inspection, on reasonable prior notice, at the office of the Group free of charge. Copies of the manual of the Group are also available from the SAHRC.
2.2. The Privacy Notice is available on the website or at the office of the Group for inspection, on reasonable prior notice, free of charge.
3. Approval
SIGNED ON BEHALF OF THE GROUP ON THIS ……. DAY OF ………………. 2020.
FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000)
[Regulation 10]
A. Particulars of private body
The Head:
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/or fax number in the Republic to which the information is to be sent must be given. |
(c) | Proof of the capacity in which the request is made, if applicable, must be attached. |
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephone number: E-mail 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.
Full names and surname:
Identity number:
D. Particulars of record
- 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.
- If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
- Description of record or relevant part of the record:
- Reference number, if available:
- Any further particulars of record:
E. Fees
- 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.
- You will be notified of the amount required to be paid as the request fee.
- 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.
- 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 to read, view or listen 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.
Disability: Form in which record is required: | Form in which record is required |
Mark the appropriate box with an X. NOTES: (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 for 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* | inspection of record | ||||||
2. If record consists of visual images this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) | |||||||
view the images | copy of the images” | transcription of the images* | |||||
3. If record consists of recorded words or information which can be reproduced in sound: | |||||||
listen to the soundtrack audio cassette | transcription of soundtrack* written or printed document | ||||||
4. If record is held on computer or in an electronic or machine-readable form: | |||||||
printed copy of record* | printed copy of information derived from the record” | copy in computer readable form* (stiffy or compact disc) | |||||
‘If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. | YES | NO | |||||
G. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
- Indicate which right is to be exercised or protected:
- Explain why the record requested is required for the exercise or protection of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at……………………………………… this………… day of …………………………… 20…………
SIGNATURE OF REQUESTER / PERSON ON
WHOSE BEHALF REQUEST IS MADE
