Intervet (Pty) Ltd and Intervet SA (Pty) Ltd

PAIA MANUAL

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

DATE OF COMPILATION: 27/10/2021
DATE OF REVISION: 27/10/2022

TABLE OF CONTENTS

TABLE OF CONTENTS

  1. Introduction
  2. List of acronyms and abbreviation
  3. Purpose of PAIA Manual
  4. Key contact details for access to information
  5. Guide on how to use the PAIA and how to gain access to the guide
  6. Records available in terms of any other legislation
  7. Description of the subjects on which Intervet holds records and the categories of records held on each subject
  8. Categories of records which are available without request
  9. Request procedure in terms of the PAIA
  10. Fees payable
  11. Other information as prescribed
  12. Annexure A

1. INTRODUCTION

Intervet (Pty) Ltd is the South African division of Intervet International. Intervet (Pty) Ltd is an animal health company which is involved in the research and development, production and marketing of animal health products and feed additives. Intervet SA (Pty) Ltd is the company which holds the intellectual property rights in respect of Intervet products. Intervet (Pty) Ltd and Intervet SA (Pty) Ltd are collectively referred to as Intervet in this manual and this manual relates to records held by either or both of these two companies.

2. LIST OF ACRONYMS AND ABBREVIATIONS

2.1 “CEO” Chief Executive Officer

2.2 “DIO” Deputy Information Officer;

2.3 “IO“ Information Officer;

2.4 “Minister” Minister of Justice and Correctional Services;

2.5 “PAIA” Promotion of Access to Information Act No. 2 of 2000( as
Amended;

2.6 “POPIA” Protection of Personal Information Act No.4 of 2013;

2.7 “Regulator” Information Regulator; and

2.8 “Republic” Republic of South Africa

3. PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for the public to-

check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

3.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

3.3 know the description of the records of the body which are available in accordance with any other legislation;

3.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

3.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

3.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

3.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;

3.8 know the recipients or categories of recipients to whom the personal information may be supplied;

3.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

3.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

4. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF INTERVET

a. Chief Information Officer

Name: Barbara Macneil
Tel: +27 11 923 9300
Email: Barbara.macneil@merck.com
Fax number: 086 603 1777

b. Deputy Information Officer

Name: Natasha Craw
Tel: +27 11 923 9356
Email: natasha.scott@merck.com
Fax Number: +27 11 974 9393

3.3 Access to information general contacts

Email: Barbara.macneil@merck.com

3.4 National or Head Office

Postal Address: Intervet (PTY) Limited
Private Bag X2026
Isando
1600
Gauteng

Physical Address: 20 Spartan Road
Spartan
1619

Telephone: +27 11 923 9300

Email: msd-animal-health.co.za

Website: www.msd-animal-health.co.za

5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

a. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

b. The Guide is available in each of the official languages and in braille.
c. The aforesaid Guide contains the description of-

i. the objects of PAIA and POPIA;

ii. the postal and street address, phone and fax number and, if available, electronic mail address of-

  1. the Information Officer of every public body, and
  2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA ;

iii. the manner and form of a request for-

  1. access to a record of a public body contemplated in section 11 ; and
  2. access to a record of a private body contemplated in section 50 ;

[1] Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

[2] Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

[3] Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[4] Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

  1. that record is required for the exercise or protection of any rights;
  1. the assistance available from the IO of a public body in terms of PAIA and POPIA;
  1. the assistance available from the Regulator in terms of PAIA and POPIA;
  1. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
  1. an internal appeal;
  • a complaint to the Regulator; and
  • an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
  1. the provisions of sections 14[1] and 51[2] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
  • the provisions of sections 15[3] and 52[4] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

[1] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

[2] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

[3] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

[4] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

  1. that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
  2. access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[5] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

[6] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

[7] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

[8] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

  1. the notices issued in terms of sections 22[1] and 54[2] regarding fees to be paid in relation to requests for access; and
  1. the regulations made in terms of section 92[3].
    1. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
  • The Guide can also be obtained-
  1.  upon request to the Information Officer;
  1. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
  • A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

(a) any matter which is required or permitted by this Act to be prescribed;

(b) any matter relating to the fees contemplated in sections 22 and 54;

(c) any notice required by this Act;

(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

6. CATEGORIES OF RECORDS OF THE INTERVET WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

  1. No notices have been published by the Minister in terms of section 52(2) of the PAIA.

Certain information is freely available on the MSD Animal Health website at www.msd-animal-health.co.za. This information includes:

  • Lists and descriptions of products

[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

(a) any matter which is required or permitted by this Act to be prescribed;

(b) any matter relating to the fees contemplated in sections 22 and 54;

(c) any notice required by this Act;

(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

  • Details of sales and marketing agents

6. DESCRIPTION OF THE RECORDS OF THE INTERVET WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

Certain records of Intervet are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. The legislation is as follows:

  • Basic Conditions of Employment Act, Act No. 75 of 1997
  • The Protection of Personal Information Act, 2013 (Act 4 of 2013)
  • Promotion of Access to Information Act 2 of 2000
  • Companies Act, Act No. 61 of 1973
  • Compensation for Occupational Injuries and Diseases Act, Act No. 130 of 1993
  • Credit Agreements Act, Act No. 75 of 1980
  • Currency and Exchanges Act, Act No. 23 of 1987
  • Employment Equity Act, Act No. 55 of 1998
  • Fertilizers, Farm Feeds, Agricultural and Stock Remedies Act, Act No. 36 of 1947
  • Income Tax Act, Act No. 58 of 1962
  • Labour Relations Act, Act No 66 of 1995
  • Medicines and Related Substances Act, Act No. 101 of 1965
  • Occupational Health and Safety Act, Act No. 85 of 1993
  • Patents Act, Act No. 57 of 1978
  • Pharmacy Act, Act No. 53 of 1974
  • Skills Development Act, Act No. 97 of 1998
  • Skills Development Levies Act, Act No. 9 of 1999
  • Trade Marks Act, Act No. 194 of 1993
  • Unemployment Insurance Act, Act No. 63 of 2001
  • Unemployment Insurance Contributions Act, Act No. 4 of 2002
  • Value Added Tax Act, Act No. 89 of 1991
  • Veterinary and Para-Veterinary Professions Act, Act No.19 of 1982

6. DESCRIPTION OF THE SUBJECTS ON WHICH INTERVET HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT

Categories of recordsDescription of records held
AdministrationInter-company agreements
ManagementMinutes of management meetings
Correspondence
Resolutions of the board of directors
FinanceFinancial statements
Stock records
Asset inventory
Debtors records
Financial and economic manual
Banking records
Bank statements
Human ResourcesEmployment contracts
Personnel records including personal details, disciplinary records and performance records
Employee tax information
Records of Unemployment Insurance Fund contributions
Payroll records
Health and safety records
Disciplinary code and procedure
Grievance procedure
Appeal procedure
Remuneration policy
Policies and procedures regarding dismissal for operational requirements
Policies and procedures regarding performance appraisal
Policies and procedures regarding recruitment, selection, advertising of positions and appointments
Training policy and manual
Policies and procedures regarding retirement
Promotion policy
Policies and procedures regarding leave
Policies and procedures regarding salaries, overtime and bonuses
Policies and procedures regarding benefits including medical aid
Policies and procedures regarding use of company resources including telephones and motor vehicles
Policies and procedures regarding health and safety
Policies and procedures regarding travel
Policies and procedures regarding sexual harassment
Intellectual PropertyTrademark applications
Registered trademarks
Trademark applications
Registered trademarks
Patents under application
Patents
ProductsFormulations of products
Product lists
Pricing lists and pricing information
Certificates of registration of medicines
Local and International product dossiers compiled for the purpose of registering a medicine
Package inserts
Sales and DistributionContracts with sales agents
Contracts with distributors
Client register
Records of orders
Records of product sales
Correspondence with clients
Correspondence with sales agents
PurchasingPurchasing policy
Supplier lists and details of suppliers
Agreements with suppliers
Purchase order vouchers
ResearchReports on new products
Reports on existing products
ProductionToll manufacturing agreements
Secrecy agreements with manufacturers
Licensing agreements
Information TechnologyComputer software
Support and maintenance agreements
Records regarding computer systems and programmes
InsuranceRecords regarding group life assurance and disability income protection
Records regarding Insurance in respect of movable property

8. REQUEST PROCEDURE IN TERMS OF PAIA

A request for access to records held by Intervet in terms of section 50 of the PAIA must be made on the form contained in the Regulations Regarding the Promotion of Access to information (Form C). A copy of the form is attached as Annexure A to this manual.  The request must be made to intervet at its address, telefax number or email address, specified in paragraph 2 above.

A person or entity requesting access to records (‘a requester”) must provide sufficient detail on the prescribed form to allow Intervet to identify the record or record which have been requested and the identity of the requester.  If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to intervet.  The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.  The requester is required to identity the right that he, she or it is seeking to exercise or protection of that right.

Intervet is required to inform a requester in writing of its decision in relation to a request.  If the requester wishes to be informed of Intervet’s decision in another manner as well, this mane rust be set out in the request and the relevant details included to allow Intervet to inform the requester in the preferred manner.

9. FEES PAYABLE

A request fee of R50.00 is payable by a requester, other than a requester who is seeking access to a record containing personal information about him, her or itself.  This request fee may be paid at the time a request is made, or the person authorised to deal with such requests on Intervet’s behalf may notify the requester to pay the request fee before processing the request any further.  A requester may make an application to court against the payment of the request fee.

A requester whose request for access to a record o record held by Intervet is granted is also required to apply an access fee for the production of the record or records, and for the search for and the preparation of the record for disclosure.  Intervet is entitled to withhold a record until the required access fees have been paid.  The access fees which are payable are as follows:

Action takenFee 
1.Photocopy of an A4-size page or part thereofR1.10
2.Printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable formR0.75
3.For a copy in a computer-readable form on –
stiffy discR7.50
compact discR70.00
4.Transcription of visual images, for an A4-size page or part thereofR40.00
5.Copy of visual imagesR60.00
6.Transcription of an audio record, for an A4-size page or part thereofR20.00
7.Copy of an audio recordR30.00

10. PROCESSING OF PERSONAL INFORMATION

10.1.1 Chapter 3 of POPI provides for the minimum conditions for lawful “processing” of “personal information” by a “responsible party” (as such terms are defined under POPI). These conditions may not be derogated from unless specific exclusions apply as outlined in POPI.

10.1.2 Intervet requires personal information relating to both natural and legal persons in order to carry out its business and organizational functions.

The manner in which this information is processed and the purpose for which it is processed is determined by Intervet. Accordingly, Intervet is a responsible party for the purposes of POPI and will ensure that the personal information of a “data subject” (as defined in POPI), amongst other things as prescribed by POPI:

is processed lawfully, fairly and transparently. This includes the provision of appropriate information to data subjects when their data is collected by Intervet, in the form of privacy or data collection notices. Intervet must also have a legal basis (for example, but not limited to, consent) to process personal information;

is processed only for the purposes for which it was collected;

will not be processed for a secondary purpose unless that processing is compatible with the original purpose;

is adequate, relevant and not excessive for the purposes for which it was collected;

is accurate and kept up to date;

will not be kept for longer than necessary;

is processed in accordance with integrity and confidentiality principles – this includes physical and organizational measures to ensure that personal information, in both physical and electronic form, is subject to an appropriate level of security when stored, used and communicated by Intervet, in order to protect against access and acquisition by unauthorised persons and accidental loss, destruction or damage; and

is processed in accordance with the rights of data subjects, where applicable.

10.2 Data Subject Rights

1 Data Subjects have the right to:

be notified that their personal information is being collected by Intervet. The data subject also has the right to be notified in the event of a data breach;

know whether Intervet holds personal information about them and to access that information. Any request for information must be handled in accordance with the provisions of this PAIA Manual;

request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information;

object to Intervet use of their personal information and request the deletion of such personal information (deletion would be subject to Intervet record keeping requirements);

object to the processing of personal information for purposes of direct marketing by means of unsolicited electronic communications; and 

complain to the Information Regulator regarding an alleged infringement of any of the rights protected under POPI and to institute civil proceedings regarding the alleged non-compliance with the protection of his, her or its personal information.

8.3 Purpose of the Processing of Personal Information by Intervet

As noted above, personal information held by Intervet can only be processed for a specific purpose. The purpose for which Intervet processes or will process personal information is set out in section of A of Annexure B to this Manual, provided however that this is not an exhaustive list.

10.4 Categories of Data Subjects and Personal Information relating thereto

In terms of section 1 of POPI, a data subject may either be a natural or a juristic person. The various categories of Data Subjects that Intervet processes personal information in respect of and the types of personal information relating thereto includes but is not limited to those detailed in section B of Annexure B to this Manual.

10.5 Sharing of Personal Information

Intervet may share a data subject’s Personal Information in accordance with section C of Annexure B to this Manual.

10.6 Cross-border flows of Personal Information

10.6.1 Section 72 of POPI provides that Personal Information may only be transferred out of the Republic of South Africa if the:

recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially similar to the Conditions for Lawful Processing as contained in POPI; or

data subjects’ consent to the transfer of their personal information; or

transfer is necessary for the performance of a contractual obligation between the data subject and the responsible party; or

transfer is necessary for the performance of a contractual obligation between the responsible party and a third party, in the interests of the data subject; or

the transfer is for the benefit of the data subject, and it is not reasonably practicable to obtain the consent of the data subject, and if it were, the data subject, would in all likelihood provide such consent.

10.6.2 Planned cross-border transfers of personal information and the justifications therefor includes but is not limited to those detailed in section D of Annexure B to this Manual.

10.7 Description of information security measures to be implemented by Intervet

Section E of Annexure B to this Manual sets out the types of security measures to be implemented by Intervet in order to ensure that personal information is respected and protected. This is not an exhaustive list and is subject to change. A preliminary assessment of the suitability of the information security measures implemented or to be implemented by Intervet may be conducted in order to ensure that the personal information that is processed by Intervet is safeguarded and processed in accordance with the Conditions for Lawful Processing under POPI.

10.8 Objection to the Processing of Personal Information by a Data Subject

Section 11(3) of POPI and regulation 2 of the POPI Regulations provides that a Data Subject may, at any time object to the processing of his/her/its personal information in the prescribed form attached to this manual as Annexure C subject to exceptions contained in POPI.

10.9 Request for correction or deletion of Personal Information 

Section 24 of POPI and regulation 3 of the POPI Regulations provides that a data subject may request for their personal information to be corrected/deleted in the prescribed form attached as Annexure D.

11. AVAILIBILTY OF THE MANUAL

11.1 A copy of the Manual is available-

11.1.1 on www.msd-animal-health.co.za

11.1.2 head office of the Intervet (PTY) Ltd for public inspection during normal business hours;

11.1.3 to any person upon request and upon the payment of a reasonable prescribed fee; and

11.1.4 to the Information Regulator upon request.

11.2 A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

  1. UPDATING OF THE MANUAL

Information Office of Intervet (PTY) Ltd will on a regular basis update this manual.

Issued by


Barbara Macneil
Information officer