INTRODUCTION

Rhyzotherm (Pty) Limited conducts business as a medical device supplier. We are an industry expert, ready to assist any client in Neuromodulation technology for pain management, Neuromuscular monitoring of muscle relaxants, Non-invasive patient monitoring, Radiofrequency Ablation and Automatic data transfer from medical devices into Electronic Medical Records.

1. SCOPE OF THE MANUAL

This Manual has been prepared in respect of Rhyzotherm (Pty) Ltd.

2. THE ACT

The Promotion of Access to Information Act, No 2 of 2000 (“The Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

3. PURPOSE OF THIS MANUAL

In order to promote effective governance of Rhyzotherm, it is necessary to ensure that all employees and stakeholders are empowered to understand their rights in terms of The Act.

Section 9 of The Act, however, recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

• Limitations aimed at the reasonable protection of privacy;
• Commercial confidentiality; and
• Effective, efficient and good governance

And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

Wherever reference is made to “Private Body” in this manual, it will refer to Rhyzotherm Pty Ltd and all its entities for whom this manual is drafted.

4. GENERAL INFORMATION:

• Information Officer: Cleo Ndhlovu
• Postal Address: PO BOX 12501 Hatfield 0028
• Physical Address: 442 Atterbury Road Menlo Park Pretoria 0081
• Telephone No: 012 001 9346
• E-mail: compliance@rhyzotherm.co.za
• Name of Private Body: Rhyzotherm Pty Ltd
• Registration No: 2015/112398/07
• Website: www.rhyzotherm.co.za

5. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE

The South African Human Rights Commission had compiled the guide contemplated in Section 10 of The Act. It contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in The Act. The Guide is available for inspection, inter alia at 29 Princess of Wales Terrace, cnr York and St Andrews Street. Any enquiries regarding this guide should be directed to:

(RESEARCH AND DOCUMENTATION DEPARTMENT) Private Bag X2700, HOUGHTON, 2041

Telephone Number: (011) 484-8300

Facsimile Number: (011) 484-1360

Website: www.sahrc.org.za; PAIA@sahrc.org.za

6. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC

A section 52(2) notice regarding the categories of records, which are available without a person having to request access in terms of the Act, has to date not been published.

7. RECORDS OF RHYZOTHERM

This clause serves as a reference to the records that Rhyzotherm holds in order to facilitate a request in terms of The Act.

Records Classification

The information is classified and grouped according to records relating to the following subject and categories: It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.

General

• VAT Records
• Tax Records
• PAYE Records
• UIF Records
• SDL Records
• Management Accounts and Audited Financial Statements
• Asset Inventors
• Asset Register

Operating System

• Invoice
• Weekly / monthly / quarterly / annual statement
• Debit note
• Credit note

Operational Documents and Records

• Promotional material
• Marketing call reports
• Written policies regarding business plan / activities
• Written service specification
• Product / service manuals
• Work instruction manuals
• Customer database
• Customer application forms
• Payment in respect of goods / services based on C.O.D. / 30day and longer
• Sales records
• Company profile

8. RECORDS REQUIRED IN TERMS OF LEGISLATION

Records are kept in accordance with legislation applicable to Rhyzotherm Pty Ltd, which includes but is not limited to, the following –

• Labour Relations Act, 66 of 1995
• Trademarks Act, 194 of 1993

Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.

9. RECORDS HELD IN RESPECT OF 3RD PARTY (IES)

Records held by the Private Body pertaining to other parties, including without limitation:

• financial records
• correspondence
• contractual and transactional records
• patient records with written consent

10. REQUEST PROCEDURE FOR OBTAINING INFORMATION

Records held by the Rhyzotherm may be accessed by request only once the prerequisites for access have been met. The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee.

The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record. The requester must complete the prescribed form C and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, or electronic mail address as stated herein.

The prescribed form must be filled in with enough particulars to at least enable the Information Officer to identify:

• The record or records requested;
• The identity of the requester;
• Which form of access is required, if the request is granted;
• The postal address or fax number or email address of the requester.

The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

Rhyzotherm will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.

The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reason for the decision in any other manner, he / she must state the manner and the particulars so required.

If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Information Officer.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

The requester must pay the prescribed fee before any further processing can take place.

11. FEES

The Act provides for two types of fees, namely:

• A request fee, which will be a standard fee; and
• An access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.

When the Information Officer receives the request, such Officer shall by notice require the requester, to pay the prescribed request fee (if any) before any further processing of the request.

If the search for the record has been made and the preparation of the record for disclosure, including arrangements to make it available in the requested form, requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

The Information Officer shall withhold a record until the requester has paid the fees as indicated.

A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.

If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer must repay the deposit to the requester.

12. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

The main grounds for Rhyzotherm to refuse a request for information relates to the:

• Mandatory protection of the privacy of a third party that is a natural person which would involve the unreasonable disclosure of personal information of that natural person;
• Mandatory protection of the commercial information of a third party, if the record contains:
  • Trade secrets of that third party;
  • Financial, commercial, scientific or technical information, disclosure of which could likely cause harm to the financial or commercial interests of that third party;
  • Information disclosed in confidence by a third party to the Private Body, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
• Mandatory protection of confidential information of the protection of property;
• Mandatory protection of records that would be regarded as privileged in legal proceedings;

The commercial activities may include:

• Trade secrets of Rhyzotherm;
• Financial, commercial, scientific or technical information, disclosure which could likely cause harm to the financial or commercial interest of Rhyzotherm;
• Information which, if disclosed could put Rhyzotherm at a disadvantage in negotiations or commercial competition;
• A computer program, owned by Rhyzotherm, and protected by copyright.

The research information of Rhyzotherm or a third party, if its disclosure would reveal information of the research and would place the research at a serious disadvantage;

Requests for information that are clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.

13. REMEDIES AVAILABLE IN THE EVENT OF REFUSAL OF REQUEST

Internal remedies

Rhyzotherm does not have an internal appeal procedure. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

External remedies

A requester who is dissatisfied with an information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.

Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. A Court for relief is a Court of Law as referred to in The Act or any other Court of similar status.

14. DECISION

Rhyzotherm will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The requester shall be informed whether access has been granted or denied in the form of Form 3 (Annexure C). If, in addition, the requester requires the reason for the decision in any other manner, they must state the manner and the particulars so required.

The 30-day period within which Rhyzotherm has to decide whether to grant or refuse the request may be extended for a further period of not more than 30 days if the request is for a large amount of information, or the request requires a search for information held at another office of Rhyzotherm, and the information cannot reasonably be obtained within the original 30-day period. Rhyzotherm will notify the requester in writing should an extension be sought.