Application form.
| 1. |
OUR FIRM |
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1.1. Who we are.
We are an estate agency firm, registered with the Estate Agency Affairs Board. We provide the following services:Residential property sales.
Residential property letting and management.
Commercial property broking.
Business broking.
Agricultural property sales.
Sectional title management.
1.2. How to contact us.
Our contact detail
| Company registration no: |
CK 1194-002204/23 |
| Name of contact person: |
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| Physical address: |
5th Floor, Schindler Building
459 Leyds Street
Sunnyside
0002 |
| Office hours: |
08:00 - 16:30 (Mo. - Fri.) |
| Telephone: |
(012) 343-0620 |
| Fax: |
(012) 343-0619 |
| E-mail: |
admin@vvw.co.za
verhuur@vvw.co.za |
| Website: |
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| 2. |
OUR RECORDS |
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2.1. Records which are automatically accessible.
Records which hold in terms of the following Acts of Parliament are automatically accessible in terms of those laws:
- Basic Conditions of Employment Act (Act 75 of 1997)
- Close Corporation Act (Act 69 of 1984)
- Compensation of Occupational Injuries and Disease Act (Act 130 of 1993)
- Companies Act (Act 61 of 1973)
- Estate Agency Affairs Act (Act 112 of 1976)
- Estate Agents' Code of Conduct (1993)
- Financial Intelligence Centre Act (Act 38 of 2001)
- Income Tax Act (Act 58 of 1962)
- Labour Relations Act (Act 66 of 1995)
- Money Laundering & Terrorist Financing Control Regulations (2002/2005)
- Occupational Health and Safety Act (Act 85 of 1993)
- Regional Services Council Act (Act 109 of 1985)
- Rental Housing Act (Act 50 of 1999)
- Sectional Titles Act (Act 66 of 1965)
- Skills Development Act (Act 97 of 1998)
- Skills Development Levies Act (Act 9 of 1999)
- Stamp Duties Act (Act 77 of 1998)
- Transfer Duties Act (Act 40 of 1949)
- Unemployment Insurance Act (Act 63 of 2001)
- Unemployment Contributions Act (Act 4 of 2002)
- Value Added Tact Act (Act 89 of 1991)
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:
- Information about properties which are currently for sale or let through our firm.
- Everything that appears on our website.
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 Certificate.
- Current and past fidelity fund certificates for our firm, its principals and agents.
Financial.
- Business account records.
- Trust account records.
- Trust account annual audited reports.
- Tax records.
- Receipts issued.
Financial intelligence.
- Client verification records.
- Reports (if any) submitted to the Financial Intelligence Centre.
Meetings.
Legal.
- Records of legal matters.
Letting records.
- Advertisements.
- Records of properties rented out on behalf of clients.
Personnel.
- Personnel files for current employees and agents.
- Personnel files for ex-employees and agents who left during the past three years.
Property.
- Documents relating to the firms premises.
Property management records.
- Records of properties managed on behalf of clients.
Sales records.
- Advertisements.
- valuations and mandates.
- Records of sales concluded by the firm.
- Sales performance figures.
Sectional Title administration.
- Records of sectional title schemes managed on behalf of bodies corporate.
Training.
| 3. |
ACCESS TO OUR RECORDS |
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3.1. Your right of access.
The Act entitles you to have access to our records, provided that:
- You need access to exercise or protect any of our rights, and
- You apply for access according to the procedure set out in this manual, and
- We do not have grounds for refusing you access.
3.2. Our rights to refuse access.
We have the right to refuse you access to our records if any of the following grounds apply:
- The record will unreasonably disclose personal information about a third party, including a deceased individual (unless that third party or a representative of the deceased gives written permission for access),
- The record contains (a) trade secret, or (b) financial, commercial, scientific or technical information, or (c) information about research by a third party, which could put that third party at a disadvantage in a negotiation or prejudice him in competition (unless that third party gives written permission for access),
- Access would put us in breach of a duty of confidence which we owe a third party (unless that third party gives written permission for access),
- Access could reasonably be expected to (a) endanger someone's life or physical safety, or (b) prejudice or impair the security of a building, structure, system, means of transport or other property,
- The record is privileged from being produced as evidence in legal proceedings (unless the person protected by the privilege has waived that protection).
3.3. Notice i.t.o. Section 52 of The Act.
We have not gazetted any notices in terms o 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 detail contact the SAHRC directly through their website: www.sahrc.org.za
| 4. |
HOW TO APPLY FOR ACCESS |
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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 for contained in section 6 of this manual.
4.2. Submit the form and the request fee.
Hand in our 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, our you can contact us to make alternative arrangements.
4.3. We will respond.
We will consider your request and let you know of our decision, in writing, not more than 30 days after we receive your request.Our response will probably be one of the following:
- Your application does not contain enough information to enable us to search for the record you want. Please provide additional details.
- 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).
- We have found the record you're looking for, and you may have access to it, on payment of:
- An access fee of R30-00 (+VAT) per hour for the time that it took us to find the record (less any deposit which you have already paid), and
- A reproduction fee for making photocopies or printouts or copying the record onto disk - the fees are set out in section 5 of this manual.
- Note: we will not charge fees to any employee or ex-employee requesting access to his/her personnel record.
- 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).
- 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 |
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As per Government Gazette 23119 dated 15 February 2002.
| A photo copy of this manual |
R1-10 per page |
| Request fee (non-refundable) |
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| Payable on submission of the application form |
R50-00 |
| Access fee |
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| For searching our records |
R30-00 (per hour or part thereof) |
Note: if the search is likely to take longer than six hours (which would cost more than R180-00), then a deposit of one third (i.e. R60-00) is payable in advance.Reproduction fee:
| Photocopy (A4 page or part thereof) |
R01-10 |
| Printout from a computer or in other electronic or machine-readable form (A4 or part thereof) |
R00-75 |
| Computer-readable copy on stiffy disk |
R07-50 |
| Computer-readable copy of CD |
R70-00 |
| Transcription of visual image (A4 or part thereof) |
R40-00 |
| Copy of visual image |
R60-00 |
| Transcription of an audio record (A4 or part thereof) |
R20-00 |
| Copy of an audio record |
R30-00 |
VAT must be added to request, access and reproduction fees.
Postage
If the copy of the record is to be sent by post, then postage must be paid in addition to the request, access and reproduction fees.
| 6. |
APPLICATION FORM |
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Access to information application form.