BLUE NIGHTINGALE TRADING 132 (PTY) LTD trading as Marnichem Pharmacy
Prepared under section 51 of the Promotion of Access to Information Act 2 of 2000, as amended.
Version: 1.0
Date of compilation and last revision: 9 October 2026
Responsible officer: Martinus van Aswegen, Director and Information Officer.
1. Purpose and scope
This manual explains the records held by Marnichem Pharmacy, how to request access, the applicable fees and remedies, and how we process and protect personal information. It covers electronic and physical records held by or under the control of BLUE NIGHTINGALE TRADING 132 (PTY) LTD in carrying on its pharmacy business.
PAIA means the Promotion of Access to Information Act 2 of 2000. POPIA means the Protection of Personal Information Act 4 of 2013. The “Regulator” means the Information Regulator (South Africa). “We” and “Marnichem” refer to the company trading as Marnichem Pharmacy. A “record” includes recorded information in any form or medium in our possession or under our control, irrespective of when it was created.
Under section 50 of PAIA, access to a private body’s record must be granted where the record is required for the exercise or protection of a right, the procedural requirements are met and no lawful ground of refusal applies. Listing a record in this manual does not mean it is freely available or that access will be refused; each request is assessed under the applicable law. POPIA separately provides rights concerning a person’s own personal information.
2. Company and Information Officer details
- Registered name: BLUE NIGHTINGALE TRADING 132 (PTY) LTD.
- Registration number: 2004/009212/07.
- Trading name: Marnichem Pharmacy.
- Pharmacy registration: WC01 006C (Community Pharmacy).
- Physical address and delivery address for written requests: ERF 25112, Industrial Road, George Industria, 6529, South Africa, marked for the attention of the Information Officer.
- Information Officer: Martinus van Aswegen, Director.
- Information Officer email: martinus@marnichem.co.za.
- Telephone: 072 961 9195.
- General enquiries: sales@marnichem.co.za.
Address PAIA requests and POPIA enquiries to Martinus van Aswegen. Email or hand delivery at the address above may be used. Contact the Information Officer for assistance with another delivery method or an accessible format. A customer account is not required to make a PAIA request, exercise POPIA rights or obtain this manual.
Marnichem operates a community pharmacy supplying individually compounded medicines, prescription medicines, Schedule 0 products, vitamins, supplements and natural health products. Its records relate to professional pharmacy services, online and other orders, customers, practitioners, suppliers, personnel and business administration.
3. The PAIA Guide and assistance
The Regulator’s section 10 Guide explains how to exercise PAIA rights, the assistance available from information officers and the Regulator, how to obtain manuals and records, fees and remedies. It also explains access to personal information under POPIA.
The Guide and available language editions can be obtained free from the Regulator’s PAIA resources page. You may ask our Information Officer for assistance, inspection or an electronic copy, or request a copy directly from the Regulator. PAIA Form 1 for requesting the Guide is available on the same resources page. Please tell us if a language, disability or literacy issue makes the process difficult.
Information Regulator:
Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191.
Telephone: 010 023 5200 · Toll-free: 0800 017 160.
General enquiries: enquiries@inforegulator.org.za.
Website and current contact channels: Information Regulator contact page.
4. Records available without a formal PAIA request
The following published information is available without completing Form 2:
- This PAIA Manual and our publicly published Terms & Conditions, Privacy Policy and returns information.
- Published business contact information, product descriptions and general service information.
- Public notices and information deliberately made available on our website or at the pharmacy.
Public website information may be viewed free of charge. This manual is also available for free inspection at the pharmacy during normal business hours. Copies may attract only an applicable prescribed reproduction charge.
Customers may request their own invoices, order confirmations and routine service information through customer service, subject to appropriate identity checks. Such records are not public records. Patient information, prescriptions, staff records and confidential commercial records are not made automatically available to the general public by this section. No broader category is represented here as having been published in a section 52 notice.
5. Records available under other legislation
Records may be held, retained, supplied to a regulator or accessible to an entitled person under the legislation below, as applicable. A duty to keep or file a record is not a general right for the public to obtain it. Access remains subject to the conditions of the relevant law, confidentiality and PAIA or POPIA where applicable.
| Legislation | Relevant records and access context |
|---|---|
| Companies Act 71 of 2008 | Company registration and statutory records, governance records and financial statements; statutory inspection rights apply to qualifying records and requesters. |
| Pharmacy Act 53 of 1974 and applicable SAPC rules | Pharmacy and professional registration, practice standards, professional actions, dispensing and patient medication records, and records required for inspections. |
| Medicines and Related Substances Act 101 of 1965 and applicable regulations | Prescriptions, prescription books or permanent dispensing records, compounding records, procurement and stock records, and scheduled-medicine registers where applicable. |
| National Health Act 61 of 2003 | Health records and confidentiality and disclosure obligations, to the extent applicable to services provided. |
| POPIA 4 of 2013 and PAIA 2 of 2000 | Personal-information records, access and correction requests, consents, objections, security incidents and information-governance records. |
| Consumer Protection Act 68 of 2008 and Electronic Communications and Transactions Act 25 of 2002 | Transaction disclosures, orders, invoices, communications, complaints, cancellations, returns and refunds. |
| Income Tax Act 58 of 1962, Tax Administration Act 28 of 2011 and Value-Added Tax Act 89 of 1991, where applicable | Accounting records, returns, invoices, payment and supporting tax records, subject to statutory access and reporting requirements. |
| Basic Conditions of Employment Act 75 of 1997 and Labour Relations Act 66 of 1995 | Employment contracts, remuneration, leave, disciplinary and related personnel records. |
| Employment Equity Act 55 of 1998, Skills Development Act 97 of 1998, Skills Development Levies Act 9 of 1999, Unemployment Insurance Act 63 of 2001, Unemployment Insurance Contributions Act 4 of 2002 and Compensation for Occupational Injuries and Diseases Act 130 of 1993, where applicable | Relevant employment, training, payroll, contribution and occupational-injury records; applicable thresholds and duties determine what is held. |
| Occupational Health and Safety Act 85 of 1993 | Workplace safety, incident and related compliance records. |
6. Subjects and categories of records
The categories below describe the pharmacy’s record areas. Particular documents exist only where the corresponding activity or event has occurred. Records may be electronic, paper or both.
| Subject | Record categories |
|---|---|
| Company and governance | Registration documents, statutory registers, resolutions, ownership and director information, licences and regulatory correspondence. |
| Patients and pharmaceutical services | Patient identification and contact details; prescriptions and uploaded prescription files; medication and dispensing histories; relevant allergies and clinical information; counselling, interventions, authorisations and communications. |
| Compounding and quality | Patient-specific formulations and instructions, preparation and checking records, ingredient and batch traceability, labels, quality documentation, complaints, recalls and disposal records where applicable. |
| Practitioners | Doctor-account applications and approvals, professional-registration checks, prescribing details, orders and correspondence. |
| Accounts and orders | Account registration, customer contact details, orders, quotations, payment requests, invoices, payment status and references, cancellations, returns and refunds. |
| Delivery and collection | Recipient and address details, courier bookings and tracking, delivery or collection confirmations, authorisations and delivery queries. |
| Finance and tax | Books of account, banking and payment records, financial statements, tax documentation and reconciliations. |
| Procurement and business relationships | Supplier and service-provider agreements, purchase orders, stock and procurement records, invoices, correspondence and operator arrangements. |
| Personnel | Recruitment and employment records, qualifications and professional registrations, training, payroll, leave, performance, disciplinary and occupational-health records where applicable. |
| Website and information security | WooCommerce records, user permissions, technical and security logs, configuration records, maintenance and incident records, and backups where maintained. |
| Marketing and communications | Contact preferences, consent and withdrawal records, suppression records, enquiries and correspondence. |
| Legal and compliance | Policies, access and privacy requests, complaints, investigations, legal correspondence and proceedings, and regulatory submissions. |
7. How to request access under PAIA
- Complete the current PAIA Form 2 — Request for Access to Record, prescribed under regulation 7. Ask the Information Officer for a copy if you cannot download it.
- Describe the record clearly. Include relevant dates, patient or order references and other details that will help us identify it. Identify the right you seek to exercise or protect and explain why the record is required for that purpose.
- Provide your identity and contact details, the requested form of access and how you wish to receive the decision. Where acting for someone else, provide evidence of your authority. We may require reasonable proof of identity, proportionate to the sensitivity of the records, and will explain a suitable secure method.
- Send the form to martinus@marnichem.co.za, or deliver it to the Information Officer at the pharmacy address in section 2. The suggested email subject is “PAIA request”.
- We will assess the request, explain any missing information or applicable fees, and issue the required decision.
If a disability or inability to read or write prevents you from completing the form, you may make the request orally. We will reduce it to the prescribed form and provide you with a copy. You may also ask for reasonable assistance in identifying records or completing the request.
PAIA concerns existing records; it does not generally require us to create a new document, answer research questions or compile information we do not hold. It does cover records under our control even if stored by a service provider.
8. Decisions, time limits and access
We will decide a request as soon as reasonably possible and ordinarily within 30 calendar days after receipt, subject to PAIA’s lawful timing provisions. Under section 57, a single extension of no more than a further 30 days may be made on a permitted ground, such as a large volume of records or necessary consultations. We will notify you within the initial period, state the reason and duration, and explain how to challenge the extension.
Where third-party consultation is required, we will follow sections 71–73, including the applicable notification, representation and decision periods. Where the law permits a period to be excluded while a required fee or deposit is outstanding, we will explain its effect. We will not simply treat an unanswered request as indefinitely pending. Failure to decide within the applicable statutory period is a deemed refusal under section 58.
Our written outcome will use PAIA Form 3 — Outcome of request and fees payable. If access is granted, it will explain the form of access, any fee and arrangements for release. Access may include inspection or a paper or electronic copy in the form reasonably required, subject to PAIA and secure delivery. If refused, we will give adequate reasons, the relevant legal provisions and the available remedies and deadlines, without improperly disclosing protected information.
If a record cannot be found or does not exist after reasonable steps have been taken, we will provide the affidavit or affirmation required by section 55 describing those steps. If it is subsequently found, we will consider and provide access unless a lawful ground of refusal applies.
9. Grounds for refusal and protection of health information
Access may or must be refused on the grounds in PAIA, including protection of another person’s privacy, confidential or commercially sensitive information, legally privileged records, safety and property, and protected research information. We will consider applicable exceptions and the mandatory public-interest override in section 70. We will disclose reasonably severable portions under section 59 rather than withhold an entire record unnecessarily.
Patient confidentiality is central to our assessment but is not a blanket reason to deny a patient lawful access to their own records. Representatives must establish their authority. Where disclosure of a health record raises the serious-harm considerations in section 61, we will follow the prescribed health-practitioner consultation and access safeguards. Professional and legal duties continue to apply to records concerning children and other patients requiring representation.
10. Prescribed fees
The following private-body fees are those published by the Regulator under the 2021 PAIA Regulations, checked on 9 October 2026. The legally applicable tariff at the time of the request prevails. The Regulator’s fee schedule is available online.
| Item | Fee |
|---|---|
| 1. Request fee | R140.00, subject to any applicable legal exemption. |
| 2. Photocopy or printed black-and-white A4 copy | R2.00 per page or part of a page. |
| 3. Printed A4 copy | R2.00 per page or part of a page. |
| 4. Computer-readable copy | R40.00 on a requester-supplied flash drive; R40.00 on a requester-supplied CD; R60.00 on a CD supplied to the requester. |
| 5. Transcription of visual images, per A4 page or part | Outsourced service; charge according to the service provider’s quotation. |
| 6. Copy of visual images | Outsourced service; charge according to the service provider’s quotation. |
| 7. Transcription of an audio record | R24.00 per A4 page. |
| 8. Copy of an audio record | R40.00 on a requester-supplied flash drive; R40.00 on a requester-supplied CD; R60.00 on a CD supplied to the requester. |
| 9. Reasonable search and preparation time | First hour excluded; thereafter R145.00 per hour or part, capped at R435.00 in total for search and preparation. |
| 10. Deposit where the search exceeds six hours | One-third of the amount calculated for the request under items 2–8, subject to section 54 and the prescribed rules. |
| 11. Postage, email or other electronic transfer | Actual expense, if any. |
We will give the required written fee or deposit notice, explain the calculation and payment arrangements, and state how and by when it may be challenged. Applicable access fees are payable before release. A deposit must be refunded if access is refused. Charges will not be duplicated for the same reproduction service.
Personal-information requests: POPIA section 23(1)(a) entitles a person, on adequate proof of identity, to confirmation free of charge of whether we hold personal information about them. A record or description requested under section 23(1)(b) may attract a lawful fee, with a written estimate before the service and any permitted deposit. Free confirmation must not be made conditional on paying the R140 PAIA request fee. POPIA objections and correction or deletion requests are dealt with free of charge under the applicable regulations. Public-body income-based fee exemptions should not be assumed to apply to this private body.
11. Complaints and other remedies
Marnichem is a private body. PAIA’s internal-appeal procedure for certain public bodies does not apply to us; Form 4 is therefore not the route for appealing our decision. You may ask us to reconsider, but doing so is optional and does not suspend a statutory deadline.
A requester aggrieved by a decision, deemed refusal, fee, extension or form of access may use the remedies available under PAIA. A complaint to the Regulator is ordinarily to be lodged within 180 days of the relevant decision or deemed refusal, using PAIA Form 5 — Complaint Form. Include the original request, decision if any, relevant correspondence and proof of representative authority where applicable. Send it to PAIAComplaints@inforegulator.org.za or use the Regulator’s current complaint channels. The Regulator may consider a late complaint on good cause shown.
PAIA also provides court remedies, including applications under section 78 and challenges to relevant Regulator decisions. The applicable route, time limit and any steps that must first be exhausted depend on the decision challenged. Obtain prompt advice or assistance from the Regulator; do not wait for informal discussions with us to conclude. Our decision notice will identify the applicable remedy and deadline.
Privacy complaints are separate. Use the current POPIA complaint form or online process listed on the Regulator’s POPIA page, and the current privacy complaint address POPIAComplaints@inforegulator.org.za. PAIA Form 5 and POPIA Form 5 serve different purposes.
12. Processing of personal information
12.1 Purposes and lawful grounds
We process personal information to administer customer and practitioner accounts; verify prescriptions and authority; provide pharmaceutical care; compound and dispense medicines; process payments and orders; arrange delivery and collection; answer enquiries and resolve complaints; maintain professional and statutory records; manage personnel and suppliers; protect our systems; and exercise or defend legal rights.
The lawful ground depends on the purpose and may include contractual necessity, compliance with law, consent or another ground permitted by POPIA. Health information is special personal information. We process it only under an applicable POPIA authorisation, including the health-service provisions where necessary for proper treatment, care or administration, and under professional confidentiality obligations. Children’s information requires an applicable legal authorisation, including competent-person consent where required. Marketing is optional and consent-based.
12.2 Data subjects and information categories
| Data subjects | Information categories |
|---|---|
| Patients and customers | Names, contact and delivery details, identification where required, account and order details, payment references and status, prescriptions, relevant health and medication information, correspondence and preferences. |
| Children and patient representatives | Information necessary for the patient’s care and transaction; representative identity, relationship, authority and contact details. |
| Doctors and other practitioners | Names, professional registration and practice details, account approval records, prescribing and order information, and correspondence. |
| Employees and applicants | Identity and contact details, qualifications, professional registration, employment and payroll information, and other employment information only where relevant and lawfully processed. |
| Directors, suppliers and service-provider contacts | Identity and business contact information, corporate and contractual details, banking or payment details where relevant, and correspondence. |
| Website visitors and enquirers | Enquiry details and technical information such as IP addresses, login or security events and browser/device information where generated by the site and its security services. |
| Marketing subscribers | Contact details, consent records, communication preferences and opt-out or suppression information. |
12.3 Recipients and service arrangements
Routine internal access to patient clinical information is restricted to the pharmacist and authorised pharmacy assistants who require it for their duties. Lawful disclosures may nevertheless be necessary for care, fulfilment or compliance. We limit disclosures to what is relevant for the recipient’s function.
- Prescribers and authorised patient representatives: relevant prescription, treatment or supply information where lawfully required or authorised.
- WooCommerce and South African website hosting: the store processes account, order and transaction records. Use of WooCommerce software does not by itself establish that its developer receives all store data; any connected services are assessed separately.
- BobPay: payment and transaction information needed to process, verify and reconcile payments.
- BobGo and Aramex: recipient, contact, address, parcel and delivery information needed to arrange and complete delivery.
- WP Mail SMTP and the configured email service: recipient addresses and the message content and metadata necessary to send service communications. The plugin and the actual email provider are distinct parts of this arrangement.
- Wordfence and authorised technical providers: security or technical information required to protect and maintain the website, according to the enabled functions and access granted.
- Professional advisers, competent authorities and legal recipients: relevant records where necessary and lawful for advice, audits, statutory duties, investigations or legal proceedings.
External providers do not receive unrestricted authority to use patient information. Where a provider processes information on our behalf as an operator, POPIA requires appropriate written security and confidentiality obligations. Any independent responsible party must comply with its own legal duties. New providers or materially changed processing will require an assessment and appropriate updates to our privacy information.
12.4 Storage and cross-border processing
The primary website is hosted in South Africa. Prescriptions uploaded through the website are stored in a secure private directory, and physical pharmacy records are kept at the pharmacy.
External payment, email, security or technical services may involve processing or support access outside South Africa, depending on their actual configuration and subcontractors. South African hosting alone is not an assurance that every associated data flow remains local. Where a cross-border transfer is contemplated, we must establish a lawful basis and safeguards under POPIA section 72, and any additional authorisation required for special personal information or children’s information. Ask the Information Officer for the current information about destination countries, recipients and affected categories before relying on a particular transfer arrangement.
12.5 Security safeguards
Our information-security measures include restricted clinical access, private prescription-file storage, South African website hosting and use of Wordfence for website security. Our safeguards must be maintained to protect confidentiality, integrity and availability. They include appropriate user permissions, secure authentication and transmission, physical record protection, software maintenance, recovery arrangements, confidentiality duties and controls over external access, proportionate to the risks.
We review safeguards and respond to suspected unauthorised access or disclosure. Where POPIA section 22 requires notification of a security compromise, we will notify the Regulator and affected data subjects as soon as reasonably possible after discovery, subject to the Act’s permitted qualifications and delays. Regulator notifications use its prescribed current reporting channel. No system can be guaranteed absolutely secure.
12.6 Retention and disposal
We retain personal information only for as long as a lawful purpose or obligation justifies it, applying POPIA section 14 together with the pharmacy, medicines, company, tax, employment and other laws relevant to the particular record. Closing an account or withdrawing marketing consent does not require destruction of records we remain legally obliged or authorised to keep.
For a prescription book or other permanent record falling under regulation 35 of the General Regulations under the Medicines and Related Substances Act, the minimum is five years after the date of the last entry in that record. This is a record-specific minimum, not a universal five-year period for every patient file, uploaded prescription, compounding record, backup or company document. Other records and scheduled-medicine requirements must be assessed separately, and a longer lawful retention period may apply.
Records relevant to an access request, investigation, complaint or legal proceedings must not be destroyed to defeat access or a preservation duty. When no lawful retention ground remains, personal information must be securely destroyed, deleted or de-identified, subject to applicable professional disposal requirements. The Information Officer and responsible pharmacist oversee the applicable retention and disposal arrangements.
12.7 Access, correction, objection and marketing choices
You may request confirmation of whether we hold your personal information and request access to a record or description, including information about third parties or categories of third parties who have had access, in accordance with POPIA section 23. Identity verification and lawful limitations apply; the fee distinctions in section 10 of this manual remain applicable.
You may request correction or deletion of information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, or destruction or deletion of a record we are no longer authorised to retain. You may object to processing on the grounds provided by POPIA and withdraw consent where processing depends on consent. We will explain if a legal duty requires continued retention or processing.
Send these requests to martinus@marnichem.co.za. The current POPIA forms include Form 1 for objections and Form 2 for correction or deletion. These are different from PAIA Form 2. A substantially similar, accessible request is acceptable under the applicable regulations; the form must not become an unnecessary barrier. We will assist with oral requests and the required recording and written outcome arrangements.
We send marketing only with consent and provide a way to opt out. Contact us or use the unsubscribe mechanism to withdraw marketing consent at any time, free of charge. We retain only the suppression information reasonably needed to respect that choice. Necessary transaction and patient-safety communications may continue on their appropriate lawful basis.
13. Availability and review of this manual
This manual is made available on our website, at the pharmacy for public inspection during normal business hours, to a person requesting a copy subject to any lawful prescribed reproduction charge, and to the Regulator on request. An electronic copy may be requested from the Information Officer.
Martinus van Aswegen is responsible for reviewing the manual regularly and updating it when contact details, record categories, processing arrangements or legal requirements materially change. A new version will identify its revision date. The manual does not replace the Privacy Policy or waive any statutory right.
14. Official forms and reference material
- PAIA Guide, language editions and prescribed forms.
- PAIA Form 2 — Request for Access to Record.
- PAIA Form 3 — Outcome of request and fees payable.
- PAIA Form 5 — Complaint Form.
- Prescribed PAIA fees.
- POPIA guidance and forms.
- Regulator contact information.
Manual enquiries: Martinus van Aswegen, Director and Information Officer · martinus@marnichem.co.za · 072 961 9195.