SECTION 51 MANUAL ON THE
PROMOTION OF ACCESS TO INFORMATION ACT

OWNERSHIP:

This manual is owned by PRO-PROP Property Consultants a duly authorised Real Estate Agency (hereunder referred to as the “Agency”).

As Key Individual of the aforementioned Real Estate Agency I, Colin Lawrence Gorvett hereby confirm the adoption of this manual on 1 December 2011

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Key Individual Signature

1. INTRODUCTION

The Promotion of Access to Information Act, 2000, PAIA gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body) when such privately held information is required to exercise a right or to protect a right

PAIA, provides that a person requesting information must be given access to any record of a private body, if that record is required for the exercise or the protection of a right. However, such request has to comply with the procedural requirements laid down by the Act.

This manual is compiled in accordance with Section 51 of PAIA and contains the following provisions:

- the Agency’s postal address, street address, phone and fax number and e-mail address

- a short description of the guidance document on the application of the Promotion of Information Act and the process to be followed in order to obtain a copy of this guide (compiled by the Human Rights Commission in terms of section 10 of the Act).

- the process to be followed in order to access information held by the Agency. See Annexure C

- a description of the typology of records held by the Agency (i.e. various information subjects held on each category type). See Annexure A.

- a description of records which are freely available without having to submit a formal request to access information in terms of the Act. See Annexure B.

- a description of the Agency’s information which are available in accordance with any other legislation.

2. AGENCY CONTACT DETAILS

Phone Number - 0746990671

Fax Number - 0865454400

e-Mail Address - colin[]pro-prop.net

Physical Address - 290 Ottery Road, Ottery, 7800

Postal Address - P.O. Box 242, Plumstead, 7801

3. GUIDE ON THE PROMOTION OF ACCESS TO INFORMATION ACT (SECTION 10 GUIDE)

The guidance document on the application of the Promotion of Access to Information Act has been compiled by the South African Human Rights Commission. The guidance document has been developed in order to assist people to access records and to exercise their right to information.

The guide is available in all South African official languages free of charge, and any person may request a copy of the guide. A copy of the guide may be obtained by contacting the South African Human Rights Commission at:

The South African Human Rights Commission, PAIA Unit, The Research and Documentation Department, Private Bag 2700, Houghton, 2041

Telephone: 011 877 3600

e-Mail: paia@sahrc.org.za

Website: www.sahrc.org.za

4. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION

Any person who wishes to request any information held by the FSP in order to protect or exercise a right may contact the Agency’s information officer at the following contact details:

Information Officer Name - Colin Gorvett

Phone Number - 0746990671

e-Mail Address - colin[]pro-prop.net

Physical Address - 290 Ottery Road, Ottery, 7800

Postal Address - P.O. Box 242, Plumstead, 7801

A request for access to information must be made in the prescribed form to the information officer indicated above. See Annexure C for the prescribed form.

All required text fields on the annexed “Request for Information Form” must be completed in full and in a legible form. The form (as well as any additional pages attached thereto) must be signed by the person submitting the form.

Once the “Request for Information Form” has been submitted, the information officer will notify the person who submitted the request of the prescribed fee (if any) payable before further processing the request.

A fee of R100 will be charged for access to any records. If the request is granted, the person who submitted the request will be accordingly notified and a further fee will be payable. The additional fee would be for the reproduction, preparation and time reasonably required to search for and prepare the disclosure. The person who submitted the request may lodge an application to court against the tender or payment of the fee.

An individual seeking access to a record containing their own personal information will not be charged a request fee.

A person submitting the request must:

- indicate the identity of the person seeking access to the information

- provide sufficient particulars to enable the information officer to identify the information requested

- specify the format in which the information is required

- indicate the contact details of the person requiring the information

- indicate the right to be exercised and/or to be protected, and specify the reasons why the information required will enable the person to protect and/or exercise the right

- where the person requesting the information wishes to be informed of the decision of the request in a particular manner, state the manner and particulars to be so informed

- if the request for information is made on behalf of another person, submit proof that the person submitting the request, has obtained the necessary authorisation to do so

5. TYPE OF RECORDS HELD BY THE AGENCY

Request for access to documents held by the Agency will be in accordance with the Act. The type of records available to the person requesting the information are listed in Annexure A.

A description of records which are freely available without having to submit a formal request to access information in terms of the Act are listed in Annexure B.

6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

The person requiring the information may also request information which is available in terms of the following legislation:

Arbitration Act

Basic Conditions of Employment Act

Companies Act

Compensation for Occupational Injuries & Diseases Act

Consumer Protection Act

Copyright Act

Debt Collectors Act

Electronic Communications and Transactions Act

Employment Equity Act

Estate Agency Affairs Act

Financial Intelligence Centre Act

Income Tax Act

Insolvency Act

Labour Relations Act

National Credit Act

Occupational Health & Safety Act

Prevention of Organised Crime Act

Promotion of Equality and Prevention of Unfair Discrimination Act

Protection of Constitutional Democracy against Terrorist and related Activities Act

Skills Development Act

Skills Development Levies Act

Stamp Duties Act

Trademarks Act

Unemployment Insurance Act

Value Added Tax Act

7. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The Promotion of Access to Information Act provides a number of grounds on which a request for access to information must be refused. These grounds mainly concern instances where the privacy and interests of other individuals are protected, where such records are already otherwise publicly available, instances where public interest are not served, the mandatory protection of commercial information of a third party, as well as the mandatory protection of certain confidential information of a third party.

A complete list of the grounds for refusal are indicated within Chapter 4 of the Act.

8. MANUAL AVAILABILITY

The manual is available for inspection at the Agency’s office free of charge. Copies of this manual is also available at the South African Human Rights Commission.

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ANNEXURE A

RECORD TYPOLOGY

Request for access to documents held by the Agency will be in accordance with the Act. The type of records available to the person requesting the information are listed hereunder:

Administrative Records
These include, but are not limited to the following:

the Agency’s Fidelity Fund Certificate
the Agency’s compliance manual
the Agency’s policies
the Agency’s internal rules and procedures
any personal records provided to the Agency by its personnel
any records which a third party has provided to the Agency about any of its personnel

Human Resources Records
These include, but are not limited to the following:

any personal records provided to the Agency by its personnel
any records which a third party has provided to the Agency about any of its personnel
conditions of employment and other personnel-related contractual and quasi-legal records
internal evaluation and training records
other internal records and correspondence

Client-related Records
These include, but are not limited to the following:

advice records
operational records
databases
information technology
marketing records
internal correspondence
product records
statutory records
internal policies and procedures
treasury-related records
records held by officials of the Agency

Financial Records
These include, but are not limited to the following:

financial statements
audit records
assets inventory

Other Parties
The Agency may possess records pertaining to other parties, including without limitation, contractors, suppliers, and other services providers.

These records include:

service level agreements
financial records
correspondence

Alternatively, such other parties may possess records which can be said to belong to the Agency. The following records fall under this category:

personnel, client or Agency records which are held by another party
records held by Agency pertaining to other parties, including without limitation: financial records
correspondence
contractual records
records provided by the other party

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ANNEXURE B

AUTOMATICALLY AVAILABLE RECORDS

The following records are automatically available on our website without having to submit a formal request to access the information in terms of the Act.

Privacy Policy
PAIA Manual

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ANNEXURE C

REQUEST FOR INFORMATION FORM

1 PARTICULARS OF PERSON REQUESTING ACCESS TO INFORMATION

Full Names & Surname

Identification Number

Telephone Number

Fax Number

e-Mail Address

Postal Address

2 PARTICULARS OF PERSON ON WHOSE BEHALF THE REQUEST IS MADE
Only complete this section if a request for information is made on behalf of another person

Full Names & Surname

Identification / Company Number

3 PARTICULARS OF REQUESTED INFORMATION
Provide full particulars of the information to which access is requested. If the provided space is inadequate, please continue on a separate page and attach it to this form. (please sign all additional pages)

Full Description

4 FORMAT IN WHICH INFORMATION IS REQUIRED
Indicate the format in which the information requested is required. Please note that the request for access in the specified format may depend on the format in which the record is available. Access in the requested format may be refused under certain circumstances.

Specify Format

5 RIGHT TO BE EXERCISED OR PROTECTED
Indicate the right that is to be exercised and/or protected and why the information is required to protect and/or to exercise this right.

Specify Right
& Reason

6 NOTIFICATION
You will be notified by e-mail and/or post whether your request has been approved or denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars.

Alternative method
of Notification

Signed at:____________________________on this_________day of_____________________20_____

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Signature of person submitting the request