Access to Information Manual - Synexus

Access to Information Manual

We respect your right of access to information. This document will help you exercise that right as required by section 51 of the Promotion to Access of Information Act 2 of 2000 (PAIA).

Introduction

We are Synexus Clinical Research South Africa (Pty) Ltd, we recruit patient volunteers and conduct of clinical and medical research for our clients. This is our ‘Access to Information Manual’. Its purpose is to help you access our information and any other information that we have. PAIA requires us to make it available to you so that you:

  • know what types of information we have; and
  • can request access to it.

This manual exists to tell you what information we have and help you get access to it.

Our details

Our details are as follows:

Further guidance

If you would like further guidance on how you can get access to information under PAIA, you may contact the Information Regulator to find out more information about PAIA.  The Information Regulator is required to compile a guide in each official language of South Africa on how to exercise any right under PAIA. The current guide compiled by the South African Human Rights Commission is available here: SAHRC section 10 guide 2020

The Information Regulator’s contact details are as follows:

For further guidance on how you can get access to information, please visit: http://www.sahrc.org.za/index.php/understanding-paia or https://www.justice.gov.za/inforeg/index.html.

Records we hold

We hold the following subjects and categories of records:

  • Company records;
  • Business records;
  • Financial records;
  • Insurance records;
  • Income tax records;
  • Personnel records;
  • Policies and directives;
  • Agreements or contracts;
  • Regulatory documents;
  • Published information;
  • Customer information; and
  • Reference materials.

Please note that records that are ‘not automatically available,’ must be requested using the process outlined in the ‘How to request access’ section of this manual.

We hold various subjects and categories of records in electronic or physical form that are available automatically or in other ways.

Company records

Company records are all our records related to the incorporation and administration of our company. Some of them are available from the Companies and Intellectual Property Commission (CIPC).

Memorandum of incorporation Automatically available from CIPC
Certificate of change of name Not automatically available
Certificate of incorporation Not automatically available
Certificate to commence business Not automatically available
Directors’ names Automatically available from CIPC
Documents of incorporation Automatically available from CIPC
Minutes of board of directors meetings Not automatically available
Minutes of shareholders meetings Not automatically available
Written resolutions Not automatically available
Records relating to appointment of directors, auditor, secretary, public officer, or other officers Not automatically available
Proxy documents Not automatically available
Share register and other statutory registers Not automatically available
Other statutory records Not automatically available

Company records include our memorandum of incorporation and directors’ names.

Business records

Business records include any documents that have economic value to the business.

Operational records Not automatically available
Disaster recovery plans Not automatically available
Databases Not automatically available
Software license records Not automatically available
Published works Not automatically available
Internal correspondence Not automatically available
Product records Not automatically available

Financial records

Financial records are all our records related to our finances.

Annual financial statements and working papers Not automatically available (NDA required)
Tax returns and assessments Not automatically available
Other documents relating to taxation of the company Not automatically available
Accounting records Not automatically available
Auditor reports Not automatically available
Banking records Not automatically available
Banking details Available on request
Bank statements, cheque books Not automatically available
Electronic banking records Not automatically available
General ledgers Not automatically available
Paid cheques Not automatically available
Asset register Not automatically available
Invoices Not automatically available
Financial agreements Not automatically available

Financial records include our financial statements and banking details.

Insurance records

Insurance records are all our records related to our insurable assets.

Insurance policies held by the company Not automatically available
Records of insurance claims Not automatically available
Register of all immovable property owned by the company Not automatically available

Income tax records

Income tax records are all our records related to our income tax obligations.

PAYE Records Not automatically available
Corporate tax records Not automatically available
Customs tax Not automatically available
Documents issued to employees for income tax purposes Not automatically available
Records of payments made to SARS on behalf of employees Not automatically available
VAT records Not automatically available
Regional Services Levies Not automatically available
Skills Development Levies Not automatically available
UIF Not automatically available
Workmen’s Compensation Not automatically available

Personnel records

Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to receive remuneration, including our employees, contractors, and other personnel.

List of employees Not automatically available
Employee personal information Not automatically available
Employee employment contracts Not automatically available
Employment applications and appointment letters Not automatically available
Employment policies and procedures Not automatically available
Employment Equity Plan Not automatically available
Insurance records Not automatically available
Records related to employee benefits Not automatically available
Health and safety records Not automatically available
Medical aid records Not automatically available
Pension and provident fund records Not automatically available
Salaries of employees Not automatically available
Tax certificates Not automatically available
Leave records Not automatically available
Internal evaluations and performance records Not automatically available
Disciplinary records Not automatically available
Disciplinary codes Not automatically available
Training records Not automatically available
Operating manuals Not automatically available
UIF, PAYE and SDL returns Not automatically available
Workmen’s compensation documents Not automatically available
Personal records provided by personnel Not automatically available
Other statutory records Not automatically available
Related correspondence Not automatically available

Personnel records include records about our employees and contractors.

Policies and directives

Policies and directives include both internal and external documents.

Internal relating to employees and the company Not automatically available
External relating to clients and other third parties Not automatically available
Information technology systems and documents Not automatically available

Agreements or contracts

Agreements or contracts include the documents themselves and all related documents.

Standard agreements Not automatically available
Contracts concluded with customers Not automatically available
NDAs Not automatically available
Letters of intent, MOUs Not automatically available
Third party contracts (such as JV agreements etc.) Not automatically available
Office management contracts Not automatically available
Rental agreements Not automatically available
Supplier or service contracts Not automatically available
Settlement agreements Not automatically available
Consent forms Not automatically available
Agreements with governmental agencies Not automatically available

Regulatory documents

Regulatory documents include any documents required to comply with any laws.

Permits Not automatically available
Licences Not automatically available
Authorities Not automatically available
Environmental impact assessments Not automatically available

Published information

Published information includes any document that we prepare and produce.

Brochures or pamphlets Automatically available
Posters Automatically available
Reports Automatically available
External newsletters and circulars Automatically available
Information available on the website Automatically available
Promotional and marketing material Automatically available
Internal newsletters and circulars Not automatically available
Information on the company published by third parties Not automatically available

Customer information

Customer information includes any information about anyone that we provide goods or services to, including our customers, leads, or prospects.

Customer details Not automatically available
Contact details of individuals within customers Not automatically available
Communications with customers Not automatically available
Sales records Not automatically available
Transactional information Not automatically available
Marketing records Not automatically available

Reference materials

Reference materials include any sources of information that we contribute to.

Books Not automatically available
Newsletters and journals articles Not automatically available
Magazines Not automatically available
Newspaper articles Not automatically available

Information we hold to comply with the law

We hold records for the purposes of PAIA in terms of the following main laws, among others:

  • Allied Health Professions Act 63 of 1982;
  • Basic Conditions of Employment Act 75 of 1997;
  • Broad Based Black Economic Empowerment Act 53 of 2003;
  • Businesses Act 71 of 1991;
  • Companies Act 61 of 1973;
  • Companies Act 71 of 2008;
  • Compensation for Occupational Injuries and Disease Act 130 of 1993;
  • Competition Act 89 of 1998;
  • Constitution of the Republic of South Africa, 1996;
  • Consumer Protection Act 68 of 2008;
  • Copyright Act 98 of 1978;
  • Council for Medical Schemes Levies Act 58 of 2000;
  • Electronic Communications Act 36 of 2005;
  • Electronic Communications and Transactions Act 25 of 2002;
  • Employment Equity Act 55 of 1998;
  • Health Professions Act 56 of 1974;
  • Human Sciences Research Council Act 17 of 2008;
  • Income Tax Act 58 of 1962;
  • International Health Regulations Act 28 of 1974;
  • Intellectual Property Laws Amendment Act, No 38 of 1997;
  • Intellectual Property Laws Amendment Act, No 28 of 2013;
  • Labour Relations Act 66 of 1995;
  • National Qualifications Framework Act 67 of 2008;
  • National Research Foundation Act 23 of 1998;
  • Natural Scientific Professions Act 27 of 2003;
  • Occupational Health and Safety Act 85 of 1993;
  • Pension Funds Act 24 of 1956;
  • Pharmacy Act 53 of 1974;
  • Preferential Procurement Policy Framework Act 5 of 2000;
  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;
  • Protected Disclosures Act 26 of 2000;
  • Promotion of Access to Information Act, No 2 of 2000;
  • Protection of Personal Information Act 4 of 2013;
  • Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
  • Skills Development Act 97 of 1998;
  • Skills Development Levies Act 9 of 1999;
  • Statistics Act 6 of 1999;
  • Tax Administration Act 28 of 2011;
  • Trade Marks Act 194 of 1993;
  • Unemployment Insurance Act 63 of 2001;
  • Unemployment Insurance Contributions Act 4 of 2002; and
  • Value Added Tax Act 89 of 1991.

How to request access

We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA. To request access to a record, please complete Form C which is available from:

Please submit the completed form to our information officer together with the relevant request fee (details here: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf) at our information officer’s email address, our physical address, or by fax in terms of our details provided above. Please ensure that the completed form:

  • has enough information for the information officer to identify you, the requested records, and which form of access you require;
  • specifies your email address, postal address, or fax number;
  • describes the right that you seek to exercise or protect;
  • explains why you need the requested record to exercise or protect that right;
  • provides any other way you would like to be informed of our decision other than in writing; and
  • provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).

If you do not use the standard form we may:

  • reject the request due to lack of procedural compliance;
  • refuse it if you do not provide sufficient information; or
  • delay it.

You may request information by completing a request for access form and submitting it to our information officer together with a request fee.

Grounds for refusal

We may have to refuse you access to certain records in terms of PAIA to protect:

  • someone else’s privacy;
  • another company’s commercial information;
  • someone else’s confidential information;
  • the safety of individuals and property;
  • records privileged from production in legal proceedings; or
  • research information.

We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.

We may have to refuse you access to a record to protect others.

 

 

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