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Manual on
Access to Information Issued in terms of Section 51 of the Promotion of Access to Information Act 2000 June 2005 A copy of this manual has been submitted to the South African Human Rights Commission. It is also available on our website. The template for this manual was supplied by the Contents The purpose of this manual is to explain what records we hold, and how you can obtain access to them if you need access in order to exercise or protect your rights. This manual's contents are: 1. Our firm 1.1 Who we are 1.2 How to contact us 2. Our records 2.1 Records which are automatically accessible 2.2 Voluntary disclosure of records 2.3 Other records 3. Access to our records 3.1 Your right of access 3.2 Our right to refuse access 3.3 Notice i.t.o. Section 52 of the Act 3.4 SA Human Rights Commission: Section 10 Guide 4. How to apply for access 4.1 Fill in a request form 4.2 Submit the form and the request fee 4.3 We will respond 5. Schedule of Fees 6. Application Form 1. Our firm 1.1 WHO WE ARE Homerent Durban - BHF is an estate agency firm, registered with the Estate Agency Affairs Board. We provide the following services: Property consultation and viability studies. Commercial and residential valuations. Commercial and Residential Property Broking. Commercial and Residential Property Management. Business Broking. Sectional Title Management. 1.2 HOW TO CONTACT US Our contact details are as follows: Name of contact person: Agnus Hale 082874462 Physical address: Office hours: Telephone: Fax: E-mail: Website: 2. Our records 2.1 RECORDS WHICH ARE AUTOMATICALLY ACCESSIBLE Records which we hold in terms of the following Acts of Parliament are automatically accessible in terms of those laws:
Anyone who is entitled to access to any of those records under any of those laws may therefore have access to them. 2.2 VOLUNTARY DISCLOSURE OF RECORDS The following records and information are freely available on request:
2.3 OTHER RECORDS We also hold the following records, which are not automatically accessible. If you want access to any of them, you will need to follow the procedure in section 3 of this manual: Correspondence
Fidelity Fund Certificates
Financial
Financial Intelligence
Meetings
Legal
Letting records
Personnel
Property
Property management records
Sales records
Training
3. Access to our records 3.1 YOUR RIGHT OF ACCESS The Act entitles you to have access to our records, provided that
3.2 OUR RIGHT TO REFUSE ACCESS We have the right to refuse you access to our records if any of the following grounds apply:
3.3 NOTICE i.t.o. SECTION 52 OF THE ACT We have not gazetted any notices in terms of Section 52 of the Act. This means that, except for those items listed in sections 2.1 and 2.2 of this manual, we will grant access to our records only in terms of this manual. 3.4 SOUTH AFRICAN HUMAN RIGHTS COMMISSION: SECTION 10 GUIDE The South African Human Rights Commission has published a Guide (under Section 10 of the Act) explaining the Act and how it works. For further details, contact the SAHRC directly through their website: www.sahrc.org.za 4. How to apply for access 4.1 FILL IN A REQUEST FORM If you want to obtain access to any of the records listed in this manual, you should fill in the application form contained in section 6 of this manual. 4.2 SUBMIT THE FORM AND THE REQUEST FEE Hand in your completed application form, and a non-refundable request fee of R50.00 + VAT at our office. If you are an employee or ex-employee requesting access to your personnel record, then you don't have to pay the request fee. If you cannot visit our office in person, you can post the form and fee to us, or you can contact us to make alternative arrangements. 4.3 WE WILL RESPOND We will consider your request and let you know our decision, in writing, not more than 30 days after we receive your request. Our response will probably be one of the following: A. Your application does not contain enough information to enable us to search for the record you want. Please provide additional details. B. It is going to take us more than six hours to search through our records, and before we do so you must pay us a deposit of R60.00 (plus VAT). C. We have found the record you're looking for, and you may have access to it, on payment of:
Note: we will not charge fees to an employee or ex-employee requesting access to his/her personnel record. D. You may not have access to the record you want, for reasons which we will state in our reply. If you have paid a deposit, we will refund it (but not the request fee). E. We have searched for the record and cannot find it. We will give you an affidavit explaining what steps we took to try and find the record. Should the missing record later come to light, we will notify you. 5. Schedule of Fees As per Government
Gazette 23119 dated A photocopy of this manual: R 1.10 per page Request fee (non-refundable)
Access fee
Note: if the search is likely to take longer than six hours (which would cost more than R180), then a deposit of one-third (i.e. R60) is payable in advance. Reproduction fee
VAT must be added to request, access and reproduction fees. Postage
6. Application Form (Page 1 of 4 pages) Request for Access to Record of Private Body (Section 53(1) of the Promotion of Access to Information Act 2000 (Act No 2 of 2000)) Regulation 10 A. Particulars of private body The Principal: __________________________________________________________ Address: ______________________________________________________________ ______________________________________________________________________ +++++ B. Particulars of person requesting access to the record Notes: (a) Please give the particulars of the person who is requesting access to the record. (b) Please state the address and/or fax number in the Republic to which the information is to be sent. (c) If applicable, attach proof of the capacity in which the request is made. Full names and surname: _______________________________________________________ ____________________________________________________________________________ Identity number: _______________________________________________________________ Postal address: _______________________________________________________________ ____________________________________________________________________________ Telephone no: __________________________ Fax no: _________________________ E-mail address: _______________________________________________________________ If this application is being made on behalf of another person, state the capacity in which you are making it: ____________________________________________________________________ +++++ C. Particulars of person on whose behalf the request is made Note: this needs to be completed only if the request for information is being made on behalf of another person. Full names and surname: _______________________________________________________ ____________________________________________________________________________ Identity number: _______________________________________________________________ (continued on next page) (Application form: page 2 of 4 pages) D. Particulars of record Notes: (a) Provide full particulars of the record to which access is requested, including a reference number (if you know of one) which will help us to locate the record. (b) If there is not enough space on this form for all the particulars, write the remaining particulars on a separate sheet of paper, sign it, and attach it to this form.. 1. Description of the record or relevant part of the record: ____________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 2. Reference number, if available: _____________________________________________ 3. Any further particulars of record: _____________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ +++++ E. Fees Notes: (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. (b) You will be notified of the amount to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time to search for and prepare a record. (d) If you qualify for exemption from payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: ________________________________________ ____________________________________________________________________________ +++++ F. Form of access to record If you have a disability which prevents you from reading, viewing or listening to the record in any of the forms of access listed in sections 1 to 4 hereunder, please state your disability and indicate the form in which you require the record: Disability: ________________________ Form in which record is required: _______ ________________________________ __________________________________ ________________________________ __________________________________ (continued on next page) (Application form: page 3 of 4 pages) F. Form of access to record (continued) Notes: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances, in which case you will be informed if access will be granted in another form. (c) The fee payable for access to the record will partly be determined by the form in which access is requested. Mark the appropriate box with an X: 1. If the record is in written or printed form: copy of the record* inspection of the record 2. If the record consists of visual images (including photographs, slides, video recordings, computer-generated images, sketches etc): view the images copy of the images* transcription of the images* 3. If the record consists of recorded words or information which can be reproduced in sound: listen to soundtrack transcription of soundtrack (written or (audio cassette) printed)* 4. If the record is held on a computer, or in electronic or machine-readable form: printed copy of record* printed copy of information derived from the record copy in machine-readable form (stiffy or compact disc)* If you have requested the record in any of the forms marked *, YES NO do you want it to be posted to you? If so, postage will be payable. +++++ G. Particulars of right to be exercised or protected If the space provided is not adequate, please continue on a separate sheet, sign it, and attach it to this form. 1. Indicate which right is to be exercised or protected: ______________________________ _______________________________________________________________________ _______________________________________________________________________ 2. Explain why you need the requested record to exercise or protect the aforementioned right: __________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (continued on next page) (Application form: page 4 of 4 pages) H. Notice of decision regarding request for access You will be notified in writing whether your application has been approved or denied. If you wish to be informed in some other manner, please specify it and give details to enable us to comply with your request: How would you prefer to be informed of our decision regarding your request for access to the record? _____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ SIGNED AT _____________________ THIS _________ DAY OF ________________ 20 ____ _______________________________________ SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF THE REQUEST IS MADE |
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