("Zoetis") IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 ("the Act")
Introduction to Zoetis
Zoetis is a private company engaged in research into, the manufacture of, and the supply of, medicines and related products in the animal health field. Zoetis is an indirectly held subsidiary of Zoetis Inc, which is incorporated in the United States of America .
Me Magda Lindeque Chief Executive Officer of Zoetis, is the person to whom requests for access to information must be made in terms of the Act.
1. Contact details of head
Mnr Adrian Pratt
Managing Director of Zoetis
Postal address : Zoetis (Pty) Limited
PostNet Suite 53
Private Bag 9976
Sandton
2146, South Africa
Physical address :
90 Rivonia Road
Sandton
2196
South Africa
Telephone :
2. The Guide
The Guide, according to the South African Human Rights Commission, is now available. Please direct any queries to:
The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal address :
Private Bag 2700
Houghton
2041
Telephone :
Facsimile : +27 11 484 0582
Website : www.sahrc.org.za
E-mail : PAIA@sahrc.org.za
3. Records available in terms of other legislation
3.1 Companies Act 61 of 1973
3.1.1 All documents of incorporation of Zoetis are lodged at the offices of the Registrar of Companies, and may be inspected there. These documents include the memorandum and articles of association of Zoetis, as well as the relevant company forms.
3.1.2 The register of members and registers of transfers (of members), pledges and bonds of Zoetis are available for inspection at the registered office of Zoetis.
3.1.3 Special resolutions are lodged with the Registrar of Companies, and are therefore available for inspection there.
3.1.4 A register of the directors' and officials' interests in contracts entered into by Zoetis is kept at the registered office of Zoetis, and is available for inspection.
3.2 Pension Funds Act 24 of 1956 - The rules of the retirement funds used by Zoetis, as well as the last revenue account and balance sheet of such funds, are available for inspection at the offices of the Registrar of Pension Funds.
3.3 Employment Equity Act 55 of 1998 - As a designated employer, Zoetis has lodged a copy of its employment equity report at the Department of Labour.
4. Access to records held by Zoetis
(i) Subjects and categories of records held by Zoetis
Note: This section of the Manual sets out the subject and categories of records held by Zoetis. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.
4.1 Incorporation documents
4.1.1 The memorandum and articles of association of Zoetis.
4.1.2 The incorporation forms of Zoetis.
4.2 Constitution of Zoetis
4.2.1 The share register of Zoetis.
4.2.2 Shareholders' agreements relating to Zoetis, including pre-emption, option and nominee agreements.
4.2.3 Minutes of general meetings of the shareholders of Zoetis.
4.2.4 Register or list of directors of Zoetis.
4.2.5 Minute books and internal resolutions of Zoetis.
4.2.6 Power of attorney agreements, and a list of persons authorised to bind Zoetis.
4.2.7 Statutory registers of Zoetis, including a register of bonds and pledges, and a register of directors' interests in contracts.
4.3 Financial records of Zoetis
4.3.1 Accounting records, books and documents of Zoetis.
4.3.2 Invoices in respect of both suppliers and customers of Zoetis.
4.3.3 Annual financial reports of Zoetis.
4.3.4 Details of auditors of Zoetis.
4.3.5 Auditors' reports in respect of audits conducted on Zoetis.
4.3.6 Details of actuaries of the pension scheme utilised by Zoetis.
4.3.7 Tax returns of Zoetis.
4.3.8 Other documents and agreements relating to taxation.
4.3.9 Other financial records of Zoetis.
4.4 Banking details of Zoetis
4.4.1 Indebtedness to bankers.
4.4.2 Bank facilities and accounts details.
4.4.3 Bank statements.
4.4.4 Electronic payment records.
4.4.5 Records of cancelled cheques.
4.4.6 Bank overdraft facility agreements.
4.4.7 Forward cover or forward exchange contracts.
4.4.8 Debt securities issued by Zoetis.
4.4.9 Guarantees given by, or in respect of, Zoetis.
4.4.10 Other financial commitments of Zoetis.
4.4.11 Other banking records of Zoetis.
4.5 Human resources / employment records
4.5.1 List of employees.
4.5.2 Letters or contracts of employment with directors, officers and employees of Zoetis, and/or documentation pertaining to arrangements with directors, officers and employees of Zoetis.
4.5.3 Expenditure or reimbursement agreements with directors of Zoetis.
4.5.4 Documents relating to employee benefits.
4.5.5 Compensation or redundancy payments.
4.5.6 Documents and information in respect of a share incentive scheme or trust.
4.5.7 Personnel files.
4.5.8 Records relating to Zoetis's payroll system, including IRP5 documents.
4.5.9 Collective and recognition agreements with trade unions.
4.5.10 Employment equity plan of Zoetis.
4.5.11 Procedural agreements and policies of Zoetis.
4.5.12 Disciplinary records and documentation pertaining to disciplinary proceedings.
4.5.13 Training manuals and information pertaining to skills management.
4.5.14 Other information relating to employees of Zoetis.
4.6 Pension and provident funds
Documentation held by Zoetis relating to pension or provident funds.
4.7 Information in respect of medical products of Zoetis, including research and scientific or technical information
4.7.1 Product registration records and dossiers.
4.7.2 Clinical trial data pertaining to the pharmaceutical business of Zoetis.
4.7.3 Central research and post-launch studies in respect of pharmaceutical products.
4.7.4 Research reports prepared by Zoetis.
4.7.5 Other documentation pertaining to research conducted by Zoetis.
4.7.6 Other scientific and/or technical information in the possession of Zoetis.
4.8 Information held in terms of legislation pertaining to medical health
4.8.1 Documentation required to be held by Zoetis in terms of the Medicines and Related Substances Control Act, 1965.
4.8.2 Information held in terms of other legislation pertaining to medical health.
4.9 Intellectual property
4.9.1 Licences relating to intellectual property rights, including royalty agreements in respect of raw materials used by Zoetis.
4.9.2 Other agreements relating to intellectual property rights.
4.10 Permits
4.10.1 Licences, material permits, consents, approvals, authorisations and certificates.
4.10.2 Applications for permits, licences etc.
4.10.3 Registrations and declarations of permits.
4.11 Insurance records
4.11.1 Insurance policies taken out in respect of group life.
4.11.2 Insurance policies taken out in respect of assets of Zoetis.
4.12 Immovable and movable property
4.12.1 Title deeds of land owned by Zoetis.
4.12.2 Agreements for the lease or sale of land and/or other immovable property by Zoetis.
4.12.3 Agreements for the lease or sale of movable property by Zoetis.
4.12.4 Mortgage bonds, liens, notarial bonds or security interests on property.
4.12.5 Credit sale agreements and/or hire purchase agreements.
4.12.6 Other agreements for the purchase, ordinary sale, conditional sale, or hire of assets.
4.13 Electronic databases of information held by Zoetis
4.13.1 Documents pertaining to accounting records of Zoetis.
4.13.2 Sales data.
4.13.3 Inventory of products.
4.13.4 Price lists for products produced by Zoetis.
4.13.5 Information in respect of Zoetis's payroll.
4.13.6 Electronic territory management systems records.
4.13.7 Adverse events reporting.
4.14 Information technology
4.14.1 Computer software support and maintenance agreements.
4.14.2 Computer software licence agreements.
4.14.3 Agreements in respect of computer hardware used by Zoetis.
4.14.4 Agreements with Internet Service Providers, and other telecommunications entities.
4.14.5 Leased line agreements.
4.14.6 SITA agreements.
4.14.7 Other documentation pertaining to computer systems and computer programs held by Zoetis.
4.15 Miscellaneous agreements of Zoetis
4.15.1 Loans from third parties (including banks).
4.15.2 Loans to third parties.
4.15.3 Distribution agreements with agents in respect of both animal health and pharmaceutical products.
4.15.4 Marketing agreements and co-promotion agreements.
4.15.5 Standard conditions of business and standard-form contracts.
4.15.6 Agreements in terms of which Zoetis is a member of a joint venture, consortium, partnership, incorporated or unincorporated association, and shareholders' agreements of another entity to which Zoetis is a party.
4.15.7 Agreements with suppliers of Zoetis.
4.15.8 Agreements with customers of Zoetis, including managed health care operators.
4.15.9 Agreements with medical-aid schemes for product reimbursement to members.
4.15.10 Rebate agreements with veterinary practitioners.
4.15.11 Confidentiality and/or non-disclosure agreements.
4.15.12 Any other agreements.
4.16 Overseas interests and investments of Zoetis
4.16.1 Agreements with the foreign holding company of Zoetis, or with other companies in the same group of companies to which Zoetis belongs.
4.16.2 Agreements with other foreign entities.
4.16.3 Documents pertaining to overseas interests and investments of Zoetis.
4.17 Correspondence
Correspondence of Zoetis, including internal and external memoranda.
4.18 Information relating to legal proceedings
Records relating to legal proceedings involving Zoetis.
4.19 Environmental records
4.19.1 Environmental impact assessments and documents pertaining to studies conducted in this regard.
4.19.2 Agreements pertaining to environmental issues.
4.19.3 Policy of Zoetis regarding environmental issues.
(ii) The request procedures
Form of request:
- The requester must use the prescribed form to make the request for access to a record. This must be made to the head of Zoetis. This request must be made to the address, fax number or electronic mail address of the head of Zoetis.
- The requester must provide sufficient detail on the request form to enable the head of Zoetis to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
- The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
- If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the head of Zoetis.
Fees:
- The head of Zoetis must notify the requester (other than a personal requester) by notice, requiring the requester to pay the request fee before further processing the request. A personal requester does not pay such fee.
- The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
- The head of Zoetis will then make a decision on the request and notify the requester in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.
5. Availability of the manual
The manual is available for inspection at the head office of Zoetis free of charge. Copies are also available with the SAHRC.
6. Prescribed fees and forms in respect of private bodies
The prescribed forms and fees for requests to private bodies, are available on the website of the Department of Justice and Constitutional Development: