(i) Subjects and categories of records held by Pfizer
Note: This section of the Manual sets out the subject and categories of records held by Pfizer. 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 Pfizer.
4.1.2 The incorporation forms of Pfizer.
4.2 Constitution of Pfizer
4.2.1 The share register of Pfizer.
4.2.2 Shareholders' agreements relating to Pfizer, including pre-emption, option and nominee agreements.
4.2.3 Minutes of general meetings of the shareholders of Pfizer.
4.2.4 Register or list of directors of Pfizer.
4.2.5 Minute books and internal resolutions of Pfizer.
4.2.6 Power of attorney agreements, and a list of persons authorised to bind Pfizer.
4.2.7 Statutory registers of Pfizer, including a register of bonds and pledges, and a register of directors' interests in contracts.
4.3 Financial records of Pfizer
4.3.1 Accounting records, books and documents of Pfizer.
4.3.2 Invoices in respect of both suppliers and customers of Pfizer.
4.3.3 Annual financial reports of Pfizer.
4.3.4 Details of auditors of Pfizer.
4.3.5 Auditors' reports in respect of audits conducted on Pfizer.
4.3.6 Details of actuaries of the pension scheme utilised by Pfizer.
4.3.7 Tax returns of Pfizer.
4.3.8 Other documents and agreements relating to taxation.
4.3.9 Other financial records of Pfizer.
4.4 Banking details of Pfizer
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 Pfizer.
4.4.9 Guarantees given by, or in respect of, Pfizer.
4.4.10 Other financial commitments of Pfizer.
4.4.11 Other banking records of Pfizer.
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 Pfizer, and/or documentation pertaining to arrangements with directors, officers and employees of Pfizer.
4.5.3 Expenditure or reimbursement agreements with directors of Pfizer.
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 Pfizer's payroll system, including IRP5 documents.
4.5.9 Collective and recognition agreements with trade unions.
4.5.10 Employment equity plan of Pfizer.
4.5.11 Procedural agreements and policies of Pfizer.
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 Pfizer.
4.6 Pension and provident funds
Documentation held by Pfizer relating to pension or provident funds.
4.7 Information in respect of medical products of Pfizer, 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 Pfizer.
4.7.3 Central research and post-launch studies in respect of pharmaceutical products.
4.7.4 Research reports prepared by Pfizer.
4.7.5 Other documentation pertaining to research conducted by Pfizer.
4.7.6 Other scientific and/or technical information in the possession of Pfizer.
4.8 Information held in terms of legislation pertaining to medical health
4.8.1 Documentation required to be held by Pfizer 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 Pfizer.
4.9.2 Other agreements relating to intellectual property rights.
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 Pfizer.
4.12 Immovable and movable property
4.12.1 Title deeds of land owned by Pfizer.
4.12.2 Agreements for the lease or sale of land and/or other immovable property by Pfizer.
4.12.3 Agreements for the lease or sale of movable property by Pfizer.
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 Pfizer
4.13.1 Documents pertaining to accounting records of Pfizer.
4.13.2 Sales data.
4.13.3 Inventory of products.
4.13.4 Price lists for products produced by Pfizer.
4.13.5 Information in respect of Pfizer'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 Pfizer.
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 Pfizer.
4.15 Miscellaneous agreements of Pfizer
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 Pfizer is a member of a joint venture, consortium, partnership, incorporated or unincorporated association, and shareholders' agreements of another entity to which Pfizer is a party.
4.15.7 Agreements with suppliers of Pfizer.
4.15.8 Agreements with customers of Pfizer, 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 Pfizer
4.16.1 Agreements with the foreign holding company of Pfizer, or with other companies in the same group of companies to which Pfizer belongs.
4.16.2 Agreements with other foreign entities.
4.16.3 Documents pertaining to overseas interests and investments of Pfizer.
Correspondence of Pfizer, including internal and external memoranda.
4.18 Information relating to legal proceedings
Records relating to legal proceedings involving Pfizer.
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 Pfizer 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 Pfizer. This request must be made to the address, fax number or electronic mail address of the head of Pfizer.
- The requester must provide sufficient detail on the request form to enable the head of Pfizer 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 Pfizer.
- The head of Pfizer 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 Pfizer 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.