Legal 

1. Promotion of Access to Information Act (PAIA)

1. 1. This manual is for Discovery Holdings Limited, Discovery Health Medical Scheme, Discovery Health (Proprietary) Limited, Discovery Life Limited, Vitality Healthstyle (Proprietary) Limited, Vitality Healthstyle Travel (Proprietary) Limited and Discovery Nominees (Proprietary) Limited.
   2. The Promotion of Access to Information Act, No.2 of 2000 ("the Act") is an Act that was passed to give effect to the constitutional right held by South African citizens, of access to any information held by the State or by another person, which is required for the exercise or protection of any right. Where a request is made in terms of the Act, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released. Therefore, the right of access to information and this Manual is only applicable to South African citizens, as defined in the Constitution of the Republic of South Africa Act 108 of 1996.
   3. It is important to note that the Act recognises certain limitations to the right of access to information, 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 which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
   4. This manual is available for inspection, free of charge, at the physical address of Discovery, recorded in Part II below and on this website.

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1. 1 Purpose of PAIA

This manual is compiled in accordance with Section 51 of the Act. It is intended to give a description of the records held by and on behalf of Discovery; to stipulate grounds for refusal of access to any such records; to outline the procedure to be followed and the fees payable when requesting access to any of these records in the exercise of the right of access to information; with a view of enabling requestors to obtain records which they are entitled to in a quick, easy and accessible manner.

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1. 2 Contact details of the information officer of Discovery

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1. 3 Guide of South African Human Rights Commission

The South African Human Rights Commission is required in terms of the Act to compile a guide in every official language, containing information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act, in a manner that is easily comprehensible to any such person. As at the date of publishing this manual, the guide had not yet been compiled. Any enquiries regarding the guide should be directed to:

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1. 4 Records of Discovery

The accessibility of the documents listed below may be subject to the grounds of refusal set out in Part V of this manual.

The information is classified and grouped according to records relating to the following subjects and categories:

1. 1. 1. 1. PERSONNEL RECORDS
            "Personnel" refers to any person who works for or provides services to or on behalf of Discovery and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Discovery and includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
            • Personal records provided by personnel;
            • Records provided by a third party relating to personnel;
            • Conditions of employment and other personnel-related contractual and quasi-legal records;
            • Internal evaluation records and other internal records;
            • Correspondence relating to personnel; and
            • Training schedules and material.
         2. CLIENT RELATED RECORDS
            A "client" refers to any natural or juristic entity that receives services from Discovery, with the exception of the Medical Schemes administered by Discovery Health (Proprietary) Limited.
            • Records pertaining to the diagnosis, treatment or health of the clients of Discovery and members of the medical schemes administered by Discovery Health (Proprietary) limited;
            • Records provided by a client to a third party acting for or on behalf of Discovery in the financial services industry;
            • Records provided by a third party;
            • Records generated by or within Discovery in the financial services industry relating to its clients.
         3. PRIVATE BODY RECORDS
            These records include, but are not limited to, the records which pertain to Discovery's own affairs.
            • Financial records;
            • Operational records;
            • Databases;
            • Information Technology;
            • Marketing records;
            • Internal correspondence;
            • Product records;
            • Statutory records;
            • Internal Policies and Procedures; and
            • Records held by officials of Discovery.
         4. OTHER PARTY RECORDS
            • Personnel, customer or private body records which are held by another party, as opposed to the records held by Discovery itself.
            • Records held by Discovery pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about Discovery's contractors / suppliers.
            • Discovery may possess records pertaining to other parties including, but not limited to, contractors, suppliers, sister and subsidiary companies, joint venture companies and service providers and such other parties may possess records that can be said to belong to Discovery.
         5. RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION
            • A requester may also request information that is available in terms of other legislation.
              • The Medical Schemes Act 131 of 1998, as may be amended from time to time, is specifically applicable to a bulk of the business of Discovery. Section 41 of this Act gives members of medical schemes and members of the general public a right to inspect and obtain copies, upon payment of the prescribed fees where copies are required, from a medical scheme and the Registrar of the Medical Council respectively, of the Rules of the medical scheme and the latest annual financial statements prepared in accordance with the Act, which is comprised of: a balance sheet dealing with the state of affairs of the medical scheme; an income statement; a cash flow statement; a report by the Auditor of the medical scheme and such other returns as the Registrar may require.
              • Discovery, with the exception of Discovery Health Medical Scheme, are companies formed in accordance with the provisions of the Companies Act 61 of 1973, as may be amended from time to time, and are subject to the following provisions:
                • Section 67 provides members of a company with a right to request from a company, copies of a company's memorandum and articles, upon payment of a prescribed fee;
                • Section 113 provides members of a company and the general public with a right to inspect a company's register of members at the registered office of a company during business hours (subject to reasonable restrictions imposed by a company in a general meeting), upon payment of an inspection fee, payable by members of the general public only;and
                • Section 309 provides members of and holders of debentures in a company with a right to obtain copies of a company's annual financial statements and interim reports, from the company, on demand and free of charge.
            • Discovery Life, as a long-term insurer is subject to the provisions of the Long Term Insurance Act 52 of 1998, as may be amended from time to time. Section 48 gives a person who enters into or varies a long-term policy (other than a fund and reinsurance policies), the right to be provided, by the long-term insurer, with information relating to:
              • The representations made by or on behalf of that person to the insurer which were regarded by the insurer as material to its assessment of the risks under the policy;
              • The premiums payable and the policy benefits to be provided under the policy; and
              • The events in respect of which the policy benefits are to be provided and the circumstances, if any, in which those benefits are not to be provided, within 60 days of the parties entering into or agreeing to vary the policy.
            • Discovery, as an employer, is subject to the provisions of:
              • The Labour Relations Act 66 of 1995, as may be amended from time to time. Section 189(3) of this Act requires an employer to disclose in writing all relevant information related to dismissals based on operational requirements including, but not limited to:
                • The reasons for the proposed dismissals;
                • The alternatives that the employer considered before proposing the dismissals, and the reasons for rejecting each of those alternatives;
                • The number of employees likely to be affected and the job categories of which they are employed;
                • The proposed method for selecting which employees to dismiss;
                • The time when, or the period during which the dismissals are likely to take effect;
                • The severance pay proposed;
                • Any assistance that the employer proposes to offer to the employees likely to be dismissed;
                • The possibility of the future employment of the employees who are dismissed;
                • The number of employees employed with the employer; and
                • The number of employees that the employer has dismissed for reasons based on its operational requirements in the preceding 12 months
            • The Employment Equity Act 55 of 1998, as may be amended from time to time. Section 25(1), (2) and (3) provide that an employer must display at the workplace where it can be ready by employees a notice in the prescribed form informing them about the provisions of the Employment Equity Act. In terms of sub-section 25(2) a designated employer must in each of its workplaces, place in prominent places that are accessible to all employees:
              • The most recent reports submitted by that employer to the Director General;
              • Any compliance order, arbitration award or order of the Labour Court concerning the provisions of this Act in relation to that employer; and
              • Any other document concerning this Act as may be prescribed. In terms of section 25(3) an employer who has an employment equity plan must make a copy of the plan available to its employees for copying and consultation; and
            • The Basic Conditions of Employment Act 75 of 1997, as may be amended from time to time. It provides that an employer must supply an employee when the employee commences employment with particulars of work. In terms of sub-section 2 when any matter changes the written particulars must be revised to reflect the change and the employee must be supplied with a copy of the document reflecting the change. In terms of section 29(4) the written particulars must be kept by the employer for a period of 3 years after termination of employment.

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1. 5 Grounds for refusal of access to records

Discovery may refuse a request for information on the following basis:

1. 1. 1. Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
      2. 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 which disclosure could likely cause harm to the financial or commercial interests of that third party; and
         • Information disclosed in confidence by a third party to Discovery, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
      3. Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
      4. Mandatory protection of the safety of individuals and the protection of property;
      5. Mandatory protection of records which would be regarded as privileged in legal proceedings;
      6. The commercial activities of Discovery, which may include:
         • Trade secrets of Discovery;
         • Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Discovery;
         • Information which, if disclosed, could put Discovery at a disadvantage in negotiations or commercial competition;
         • A computer program which is owned by Discovery and which is protected by copyright.
      7. The research information of Discovery or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
      8. Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

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1. 6 Access to records held by Discovery

1. 1. 1. Records held by Discovery may be accessed by requests only once the prerequisite requirements for access have been met.
      2. A requester is any person making a request for access to a record of or held by Discovery. There are two types of requesters:
         • PERSONAL REQUESTER
           • A personal requester is a requester who is seeking access to a record containing personal information about the requester.
           • Discovery will voluntarily provide the requested information, or give access to any record with regard to the requester's personal information. The prescribed fee for reproduction of the information requested will be charged.
         • OTHER REQUESTER
           • This requester (other than a personal requester) is entitled to request access to information on third parties. However, Discovery is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

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1. 7 Request procedure

1. 1. 1. A requester requiring access to information held by Discovery must complete the prescribed form, enclosed herewith as ANNEXURE 1, submit it to the Information Officer at the postal or physical address, fax number or electronic mail address recorded in Part II and pay a request fee and a deposit, if applicable.
      2. The prescribed form must be completed with enough particularity to at least enable the Information Officer to identify:
         • The record or records requested;
         • The identity number of the requester;
         • The form of access required, if the request is granted;
         • The postal address or fax number of the requester.
      3. The requester must state that he 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. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
      4. Discovery will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with.
      5. The requester will be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.
      6. 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.
      7. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
      8. The requester must pay the prescribed fee, before any further processing can take place.

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1. 8 Fees

1. 1. 1. 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.
      2. When the request is received by the Information Officer, the officer will by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request.
      3. If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer will notify the requester to pay as a deposit the prescribed portion of the Access fee which would be payable if the request is granted.
      4. The Information Officer will withhold a record until the requester has paid the fees as indicated in ANNEXURE 2.
      5. 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.
      6. If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer will repay the deposit to the requester.

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1. 9 Decision

1. 1. 1. Discovery 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.
      2. The 30 day period with which Discovery has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of Discovery and the information cannot reasonably be obtained within the original 30 day period. The Information Officer will notify the requester in writing should an extension be sought.

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1. 10 Remedies available when Discovery refuses a request for information

1. 1. 1. INTERNAL REMEDIES
         • Discovery does not have internal appeal procedures. Therefore, the decision made by the Information Officer if final. Requesters who are dissatisfied with a decision of the Information Officer will have to exercise external remedies at their disposal.
      2. EXTERNAL REMEDIES
         • A requester or a third party, who is dissatisfied with an Information Officer's refusal to disclose information or the disclosed information may within 30 days of notification of the decision, apply to the Constitutional Court, the High Court or another court of similar status for relief.

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1. 11 Reproduction fees

Where Discovery has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.

THE APPLICABLE FEES FOR REPRODUCTION AS REFERRED TO ABOVE ARE: (VAT inclusive)

Request fees:
Where a requester submits a request for access to information held by Discovery on a person other that the requester himself/herself, a request fee in the amount of R57, 00 is payable up-front before Discovery will further process the request received.

Access fees:
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8).

THE APPLICABLE ACCESS FEES WHICH WILL BE PAYABLE ARE:

Deposits:
Where Discovery receives a request for access to information held on a person other than the requester himself/ herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.

The amount of the deposit is equal to 1 /3 (one third) of the amount of the applicable access fee.

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2. Conflict of Interest Policy

“Conflict of Interest” means any situation in which a provider or a representative has an actual or potential interest that may:

• • influence the objectivity of the FSP or representative;
  • Influence their obligation towards the client; 
  • prevent a FSP or representative from rendering an unbiased and fair financial service; or 
  • from acting in the interests of a client. 

To obtain a copy of the conflict of interest policy please e-mail compliance@discovery.co.za

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