PAIA manual

Purpose

This document serves as the manual of SA Golden Homes Property Group (Pty) Ltd, trading as Golden Homes, as required by the Act. It is a reference to the records the company holds and to the procedure to be followed to request access to them.

Introduction

Golden Homes is a company in the real estate industry, specialising in the sale of residential property under the franchise of the SA Golden Homes Property Group. This manual covers the records held by SA Golden Homes.

Section I: Contact person and address details

The Managing Director has authorised the contact person below to ensure that the Act is complied with.

• Registered name: SA Golden Homes Property Group (Pty) Ltd, trading as Golden Homes
• Registration number: 2011/002233/07
• Contact person: Mrs Y van Wyk
• Physical address: 15 Wattle Road, Primrose, 1401
• Postal address: 15 Wattle Road, Primrose, 1401
• Telephone: (011) 828 4976
• Email: yvonne@goldenhomes.co.za

Section II: Guide on how to use the Act

The Human Rights Commission has compiled a guide, in terms of section 10 of the Act, containing information which may reasonably be required by a person who wishes to exercise any right contemplated in the Act. The South African Human Rights Commission may be contacted at 27 Stiemens Street, Braamfontein, or Private Bag 2700, Houghton, 2041, on (011) 877 3600, at PAIA@sahrc.org.za, or at www.sahrc.org.za.

With effect from 1 April 2021 the administration of PAIA by private bodies has been transferred to the Information Regulator (South Africa). Complaints regarding the refusal of access to records, or non-compliance with PAIA, may be directed to the Information Regulator at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, or P.O. Box 31533, Braamfontein, Johannesburg, 2017, on 010 023 5200, at enquiries@inforegulator.org.za, at PAIAComplaints@inforegulator.org.za, or at www.inforegulator.org.za.

Section III: Categories of records available

The following categories of records are automatically available without a person having to request access in terms of the Act.

• Statutory records: Income Tax registration and the Fidelity Fund Certificate.
• Human resources: not applicable, as there are no remunerated employees.
• Employee benefits: as per employee contract, if applicable.
• Accountant: Shiloh Accounting cc, 9 Rapid Road, Farramere, Benoni, 1500, on 083 743 3902, at charmaineu@urwees.com.

Records published on this website, including property listings, branch details and these legal pages, are also available without a formal request.

Section IV: Records available in accordance with legislation

Records are available, where applicable, in accordance with the following South African legislation, and only to the extent that the relevant Act makes disclosure of records compulsory.

• The Income Tax Act, 58 of 1962
• The Basic Conditions of Employment Act, 75 of 1997
• The Estate Agency Affairs Act, 1976

Section V: Detail to facilitate a request for access to records

Any request for access to records should be submitted on the prescribed Form C, which should be sent to the contact person whose name and address appear in Section I. SA Golden Homes holds the following categories of records on the subject matters below.

Managing Director's department. General correspondence, internal reports and communications, policy documents, strategy documents, financial reports, and human resources.

Accounting department. The accounting department maintains the financial and management accounts of SA Golden Homes. Its records comprise accounting records, general correspondence, management reports, SARS records, general administration records, and financial reports and supporting working papers.

Company secretary. The company secretarial functions are provided by Shiloh Accounting cc. The records held by them comprise property records, intellectual property rights records, investment records, statutory records, and internal reports and communications.

Human resources. Human resources are handled by the Managing Director's department.

Legal department. The legal department provides assistance with all corporate legal matters material to SA Golden Homes. Its records comprise working files, general correspondence, agreements and licences, statutory records, litigation records, legal records, legal opinions, and internal reports and communications.

Section VI: Access request procedure and prescribed fees

A request for access to records must be made on the prescribed Form C, which should be sent to the address or electronic mail address in Section I. An initial, non-refundable request fee of R300.00, inclusive of VAT, is payable on submission. This fee covers photocopying and printing, time spent searching for and preparing the requested records, the administrative costs of processing the request, and any other costs directly related to fulfilling it. It excludes the cost of postage should postage of the documents be required. This fee is not applicable to personal requests, meaning an individual seeking access to records pertaining to themselves.

Where a request for access is successful, an access fee is payable for the search, reproduction or preparation of records, calculated on the fee prescribed under the Act. The access fee must be paid before access is given. A request for information will be evaluated and the applicant notified within thirty days of receipt of the request.

Notification of extension period. In terms of the Act, the thirty day period may be extended for a further period of not more than thirty days in certain circumstances. Details are provided together with the notification of the extension.

The access fee and deposit. The applicant is informed of the access fee, if any, payable for access to the records. A deposit may also be requested, which is fully refundable if the application is ultimately refused.

Decision on request. The applicant is informed whether the application for access has been granted or denied. Where it is granted, the applicant is advised of the access fee, any deposit payable and any other relevant matter. Where it is refused, the applicant is given adequate reasons for the refusal and informed that an application may be lodged with a court against the refusal, together with the procedure and period for lodging that application.

Grounds for refusal

The company may legitimately refuse to grant access to a requested record that falls within a certain category. The grounds on which it may refuse include the following.

• Protecting personal information the company holds about a third person who is a natural person, including a deceased person, from unreasonable disclosure.
• Protecting commercial information the company holds about a third party or itself, for example trade secrets or financial, commercial, scientific or technical information that may harm the commercial or financial interests of the company or the third party.
• Where disclosure would result in a breach of a duty of confidence owed to a third party in terms of an agreement.
• Where disclosure would endanger the life or physical safety of an individual.
• Where disclosure would prejudice or impair the security of property or means of transport.
• Where disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme.
• Where disclosure would prejudice or impair the protection of the safety of the public.
• Where the record is privileged from production in legal proceedings, unless the privilege has been waived.
• Where disclosure of a record containing trade secrets or financial, commercial, scientific or technical information would harm the commercial or financial interests of the company.
• Where disclosure would put the company at a disadvantage in contractual or other negotiations, or prejudice it in commercial competition.
• Where the record is a computer programme.
• Where the record contains information about research being carried out, or about to be carried out, on behalf of a third party or the company.

Records that cannot be found or do not exist

If the company has searched for a record and it is believed that the record either does not exist or cannot be found, the requester is notified by way of an affidavit or affirmation. This includes the steps taken to try to locate the record.

Third party information

If access is requested to a record that contains information about a third party, the company is obliged to attempt to contact that third party to inform them of the request. This gives the third party the opportunity to respond, either by consenting to the access or by providing reasons why access should be denied. Where the third party furnishes reasons for or against access, the designated contact person considers those reasons in determining whether access should be granted.

Form C

A request for access must be made on Form C, Request for Access to Record of Private Body, prescribed under section 53(1) of the Act and regulation 10. The form is available from the contact person in Section I and from the Information Regulator at www.inforegulator.org.za.

Availability of this manual

This manual is available on this website, at 15 Wattle Road, Primrose, during business hours, and from the Information Regulator on request.