Botshilu Private Hospital Proprietary Limited (“Botshilu”) is a healthcare service provider. Botshilu is committed to sound business practices in compliance with relevant legislation, which, for purposes of this Manual, includes the Promotion of Access to Information Act 2 of 2000 (PAIA) read with the Protection of Personal Information Act 4 of 2013 (POPI) and Protection of Personal Information Act: Regulations relating to the processing of personal information.
- PURPOSE, SCOPE AND OBJECTIVES
This manual was prepared in terms of section 51 of PAIA. This manual serves to provide guidance on which information is available and the way information may be requested from Botshilu.
“head” of, or in relation to, a private body means in the case of a juristic person the chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or the person who is acting as such or any person duly authorised by such acting person;
“private body” means a natural person who carries or has carried on any trade, business or profession, but only in such capacity; a partnership which carries or has carried on any trade, business or profession; or any former or existing juristic person, but excludes a public body;
“record” of, or in relation to, a public or private body, means any recorded information regardless of form or medium; in the possession or under the control of that public or private body, respectively; and whether it was created by that public or private body, respectively;
- CONTACT PARTICULARS
Name of business: Botshilo Private Hospital (Pty) Ltd
Company registration number: 2005/022963/07
Physical address: 212 Buitenkant Street, Block IA Soshanguve Gauteng 0118
Postal address: PO Box 60833, Karen Park 0118
Telephone number: 012 798 7000
Fax number: 012 798 7000
Designated person: Jacques Francois van Wyk
Email address: firstname.lastname@example.org
Website address: www.botshilu.co.za
Head of business: Dr MJ Rampedi
Hospital General Manager: Gerrit Van Den Berg
- GUIDE ON HOW TO USE THIS MANUAL
The Guide on how to use PAIA, as provided for in section 10 of PAIA is available from the South African Human Rights Commission, as well as on the link below:
South African Human Rights Commission:
Postal Address: The South African Human Rights Commission PAIA Unit
Private Bag 2700,
Telephone Number: +2711 877 3600
Fax Number: +2711 403 0625
- RIGHT OF ACCESS TO A RECORD
A requester must be given access to any record of a private body if:
- that record is required for the exercise or protection of any rights;
- that person complies with the procedural requirements in this Act relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal.
- FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION
- A request for information, includes a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.
Information that is not readily available as indicated in this manual, may be requested on the prescribed form (form C) to the address provided by Botshilu in this manual.
- The form on which the request is made, must at least contain the following information:
- sufficient particulars to enable the head of the private body concerned to identify the record or records requested and the requester;
- which form of access is required;
- a postal address or fax number of the requester in South Africa;
- the right the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right;
- if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed; and
- if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head.
- Copies of the prescribed forms to be completed for submitting a request, are available from Botshilu or the South African Human Rights Commission (SAHRC). The SAHRC may be contacted on the details provided for in clause 5 of this manual, or the link below:
- FEES IN TERMS OF A REQUEST FOR ACCESS TO INFORMATION
- The head of a private body to whom a request for access is made must require the requester to pay the prescribed request fee (if any), before further processing the request.
- If the search for a record of a private body in respect of a request has been made; and the preparation of the record for disclosure would, in the opinion of the head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
- If a deposit has been paid in respect of a request for access which is refused, the head of the private body concerned must repay the deposit to the requester.
- The head of a private body may withhold a record until the requester concerned has paid the applicable fees (if any).
- A requester whose request for access to a record of a private body has been granted, must pay an access fee for reproduction and for search and preparation, respectively, for any time required more than the prescribed hours to search for and prepare the record for disclosure.
- Access fees prescribed must provide for a reasonable access fee for:
- the cost of making a copy of a record, or of a transcription of the content of a record, and, if applicable, the postal fee; and
- the time required to search for the record and prepare the record for disclosure to the requester.
- INFORMATION AVAILABLE IN TERMS OF PAIA
The requester may apply to access to the following categories of information on the prescribed form and in accordance with the procedure set out in this manual. Access to these records may be subject to the grounds of refusal set out in clause 12:
- Personnel records
- Botshilu Company records
- Other party records
- INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
- Basic Conditions of Employment Act 75 of 1997
- Companies Act 71 of 2008
- Employment Equity Act 55 of 1998
- Income Tax Act 58 of 1962
- Occupational Health and Safety Act 85 of 1993
- South African Revenue Services Act 34 of 1997
- Skills Development Levies Act 9 of 1999
- Unemployment Contributions Act 4 of 2002
- Value Added Tax Act 89 of 1991
- Broad-based Black Economic Empowerment Act 53 of 2003
- GROUNDS FOR REFUSAL TO ACCESS TO RECORDS
Botshilu may refuse a request for information on, inter alia, the following basis:
- Protection of personal information, including the right to privacy of a patient or other third party, to avoid the unreasonable disclosure of personal information concerning that person.
- Protection of the commercial information of a third party.
- Protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement or legislation.
- Protection of the safety of individuals and the protection of property.
- Protection of records which would be privileged from production in legal proceedings.
- Protection of Botshilu’s commercial activities including, but not limited to records that contain trade secrets, financial, commercial, customer, scientific or technical information, the disclosure of which would be likely to cause harm to Botshilu’s commercial or commercial interests.
- Protection of research information of Botshilu or a third party, if disclosure would expose the identity of Botshilu or the third party, the researcher, or the subject matter of the research to serious disadvantage.
- Requests for information that are, in Botshilu’s reasonable opinion, manifestly frivolous or vexatious or which involve an unreasonable diversion of resources.
- AVAILABILITY OF PAIA MANUAL
Copies of this manual are available for inspection, free of charge, at the offices of Botshilu and from the SAHRC.
The Legal and Compliance Manager ensures that the Manual is applied consistently in the Hospital.