2.1. Unless a contrary intention clearly appears, words signifying: –

2.1.1. the singular includes the plural and vice versa;

2.1.2. any one gender includes the other genders and vice versa; and

2.1.3. natural persons include juristic persons

2.2. Terms defined in the Act shall have the same meaning in this Manual.

3.1. A copy of this Manual is available on our website compcare.co.za, alternatively by sending a request for a copy to the Information Officer at the electronic mail address provided herein or from our registered office at Universal House, 15 Tambach Road, Sunninghill Park, Sandton, 2128.

4.1. Requests for access to Records held by CompCare must be made on the official Request forms that are available from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.justice.gov.za) (under “regulations”).

4.2. For convenience, a copy of the prescribed form is included in the version of this Manual and shall be made available at our registered office. Please note that Requesters are also required to make payment of the prescribed fees. The fees are detailed on the SAHRC website (www.sahrc.org.za)or the Department of Justice and Constitutional Development (www.justice.gov.za) (under “regulations”).

4.3. Requests for access to Records must be made to the Information Officer at the address or electronic mail address provided herein as follows:

4.3.1. The Requester must identify the right that he or she 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;

4.3.2. If a Request is made on behalf of a person, the Requester must then submit proof, in the form of an affidavit or letter of consent, of the capacity in which the Requester is making the Request to the satisfaction of the Information Officer;

4.3.3. It is mandatory for the Request to be made using the prescribed form attached as Annexure 1 hereto. The failure to use the prescribed form may warrant a refusal to provide the requested information;

4.3.4. The Requester is required to pay a fee for evaluating the Request and then providing the Records requested, including the requirement to pay a deposit in certain circumstances as and when requested by the Scheme.

4.3.5. The Requester must provide sufficient detail on the Request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

4.4. Kindly note that all Requests to the Scheme will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Scheme does not give rise to any rights (in contract or otherwise) to access such information or Records except in terms of the Act.

4.5. Legal proceedings may be instituted against a Requester, if it is reasonably suspected by the Scheme, that a Requester has obtained access to Records through the submission of materially false or misleading information.

4.6. The Requester will be notified within 30 days of the receipt of the completed request forms, whether their Request for access has been granted or denied. The Request will be evaluated by the Information Officer. The Scheme reserves the right to notify the Requester of an extension period that is required to access the requested information. The said notice will include reasons for such extension, the required extension period which will not exceed 60 days as well as the Requester’s right to approach a court via application proceedings for relief in the event that the Requester is against the extension and/or the procedure. The Scheme may notify the Requester whether a deposit is required. This deposit will be determined by factors such as, the format and/or volume of the information requested as well as the time required for the searching and preparation of the Records. The notice will set out the required deposit amount as well as the Requester’s right to approach a court via application proceedings for relief in the event that the Requester is against the payment of the required deposit and/or the procedure.

4.7. The Scheme shall only be obliged to provide access to Records that are in its possession.

4.8. Kindly note that all Requests to the Scheme will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Scheme does not give rise to any rights (in contract or otherwise) to access such information or Records except in terms of the Act.

5.1. The details of the Information Officer are as follows:

Name of Scheme – CompCare Medical Scheme

Registration number of Fund – CMS Registration number 1491

Street address – Universal House, 15 Tambach Road, Sunninghill Park, Sandton, 2128

Postal address – PO Box 1411, Rivonia, 2128

Telephone number – +27(0)11 208 1000

E-mail address – [email protected]

Scheme’s website – compcare.co.za

Call Centre – 0861 222 777

Contact person of fund name (Information Officer) – Josua Joubert

E-mail address – [email protected]

Telephone number – +27(0)11 208 1240

5.2. The details of the Information Regulator are as follows:

Name – Information Regulator

Postal address – PO Box 31533, Braamfontein, Johannesburg, 2017

Physical address – 33 Hoofd Street, Forum iii, 3rd Floor, Braampark

Telephone number – 010 23 5207

E-mail address – [email protected]

Website – www.justice.gov.za/inforeg

5.3. The details of the SAHRC are as follows:

Name – South African Human Rights Commission

Postal address – Private Bag 2700, Houghton, 2041

Physical address – 33 Hoofd Street, Forum iii, 3rd Floor, Braampark

Telephone number – 011 877-3600

E-mail address – [email protected]

Website – www.sahrc.org.za

6.1. The details of the SAHRC are as follows:

The South African Human Rights Commission

PAIA Unit

The Research and Documentation Department

Physical Address – Braampark Forum 3, 33 Hoofd Street, Braamfontein, 2017

Postal Address – Private Bag 2700, Houghton, 2041

Telephone – +27 11 877-3600

Fax – +27 11 403-0625

Website – www.sahrc.org.za

E-mail – [email protected]

7.1. All Requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

7.2. In the event that there is no extension period or deposit required then the Requester will be notified within 30 days of the outcome of their Request. If the Request is successful then the Requester will be notified of the access fee payable upon gaining access to the record (if any), an indication of the form in which the access will be granted as well as a notice of the Requester’s right to approach a court via application proceedings for relief in the event that the Requester is against the payment of the required access fee and/or the procedure.

7.3. If the Record requested contains information about a third party, the Scheme is obliged to inform such third party of such Request. This serves to allow the third party the opportunity to respond by either granting consent to the access Request or to provide reasons why the Request should be denied. The reasons provided by the third party either for consent or denying access will be considered by the Scheme’s Information Officer in making a final decision regarding whether access should be granted or refused.

7.4. All Records in the possession of the Scheme that comprise Special Personal Information shall only be provided to the person to whom the Special Personal Information pertains. In the event that the Requester is not the Data Subject of the Special Personal Information, then the Requester must submit proof of consent to Request such record for their use or on behalf of the Data Subject.

7.5. The Scheme may legitimately refuse to grant access to Records that fall within certain categories. The grounds to refuse access to a particular record/s include:

7.5.1. Records containing Personal Information of a third party which must be protected from unreasonable disclosure including Records of a deceased person;

7.5.2. Records containing third party commercial information that must be protected from unreasonable disclosure;

7.5.3. If a Record is privileged in terms of legal proceedings, unless such privilege has been waived by the person entitled to the privilege; and/or

7.5.4. if disclosure of a Record would result in:

7.5.4.1. a breach of a duty of confidence owed in terms of an agreement to a third party;

7.5.4.2. an individual’s life or physical safety being endangered;

7.5.4.3. prejudice or impair the security of property;

7.5.4.4. prejudice or impair the protection of a person under witness protection;

7.5.4.5. prejudice or impair public safety; and/or

7.5.4.6. harm the commercial, competitive and/or financial interests of the Scheme.

7.6. In the event that a Record cannot be located, and it is believed that the record does not exist or merely cannot be located, then the Scheme will inform the Requester by way of affidavit or affirmation of the reason for delay or inability to locate the Record.

7.7. At this stage no notice has been published on the categories of Records that are automatically available from the Scheme without a person having to request access thereto on terms of the Act.

8.1. Personal information of a Data Subject will be processed according to the provisions of POPIA.

8.2. A Data Subject, having provided adequate proof of identity, has the right to access to his/her or its Personal Information that is in the possession of the Scheme through the process prescribed in paragraph 10 and/or in accordance with the Scheme policies and procedures.

The Scheme may update this manual every 12 months or at such intervals as may be deemed necessary.

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