2. GUIDE OF THE SA HUMAN RIGHTS COMMISSION

The South African Human Rights Commission (“SAHRC”) compiled a Guide, in terms of Section 10 of the Promotion of Access to Information Act (Act 2 of 2000) (“PAIA”), to assist persons wishing to exercise their rights in terms of this Act. This Guide is available in all the official languages and contains, amongst others, the following information:
2.1 The purpose of PAIA;
2.2 The manner, form and costs of a request for access to information held by a body;
2.3 Legal remedies when access to information is denied;
2.4 When access to information may be denied; and
2.5 The contact details of Information Officers in the national, provincial and local government.

Any person wishing to obtain the Guide may either access it through the website of the SAHRC or should contact the Information Regulator at:

Telephone Number: +27 (0)82 746 4173
E-mail Address: inforeg@justice.gov.za
Address: 33 Hoofd Street, Forum III, 3rd Floor Braampark,
Braamfontein, Johannesburg

3. MULTI PROPERTIES WILL HOLD THE FOLLOWING CATEGORIES OF RECORDS:

3.1 Records relating to the creation of the Company
Documents related to the establishment of the Company, documents such as its registration forms that puts forth its creation, also stating who the directors are.

3.2 Management records
Documentation relevant to the management structure and the management of the Company such as its organogram.

3.3 3.3 Employment records
Employment contracts of employees working at the company; conditions of employment and workplace policies; attendance register; salary and wage register; documents related to disciplinary proceedings, arbitration awards as well as legal cases and cases at the Commission for Conciliation, Mediation and Arbitration (“CCMA”); expense accounts; relevant tax information and related records;

3.4 Financial records
Annual Financial Statements; auditor’s reports; accounting records; bank statements; invoices, statements, receipts and related documents; VAT records; payments to the South African Revenue Services (“SARS”), other government bodies, staff and suppliers; and tax returns and related documentation.

3.5 Records related to assets
The Company may have an asset register; purchase records; sale and purchase agreements; title deeds of all its properties.

3.6 Agreements
Agreements (and related documentation) with contractors, suppliers and vendors (such as security companies, gardening services.)

3.7 Records relating to legal processes:
Complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, arbitration or investigation; settlement agreements; and legal opinions/advice.

3.8 Insurance records:
Insurance policies and related records, relating to claims for the common property.

4. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

The Company is required to hold certain records in terms of the following legislation subject to the specific protection offered by these laws:
4.1 Basic Conditions of Employment Act 75 of 1997;
4.2 Companies Act 71 of 2008;
4.3 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
4.4 Consumer Protection Act 68 of 2008;
4.5 Disaster Management Act 57 of 2002;
4.6 Electronic Communications and Transactions Act 25 of 2002;
4.7 Employment Equity Act 55 of 1998;
4.8 Income Tax Act 58 of 1962;
4.9 Labour Relations Act 66 of 1995;
4.10 Occupational Health and Safety Act 85 of 1993;
4.11 Promotion of Access to Information Act 2 of 2000;
4.12 Protection of Personal Information Act 4 of 2013;
4.13 Unemployment Contributions Act 4 of 2002;
4.14 Unemployment Insurance Act 63 of 2001; and
4.15 Value Added Tax Act 89 of 1991.

5. PURPOSE OF PROCESSING PERSONAL INFORMATION

The Company processes personal information of data subjects for the following purposes:
5.1 to conduct and manage in accordance with the law, including the administration of the scheme and/or Body Corporates and claiming and collecting payment for services rendered from relevant Unit Owners and/or responsible persons / entities;
5.2 manage its agents acting on behalf of the Company;
5.3 processing of client information;
5.4 for communication purposes;
5.5 for the general maintenance and upkeep of the scheme and common properties;
5.6 for employment of groundsmen and related matters;
5.7 for security purposes;
5.8 for reporting to Unit Owners and Trustees and bodies as required and authorised in terms of the law or by the data subjects;
5.9 for historical, statistical purposes;
5.10 for proof;
5.11 for enforcement of the Body Corporates and Owners rights

6. DATA SUBJECTS, THEIR PERSONAL INFORMATION AND POTENTIAL RECIPIENTS OF THIS INFORMATION

The Company holds records and personal information in respect of the categories of data subjects, such as employees, clients, homeowners/residents and visitors. Information and records are only disclosed as may be necessary in the circumstances and authorised in terms of the law or otherwise with the consent of the relevant data subjects.

7. SECURITY MEASURES TO PROTECT PERSONAL INFORMATION

The Company is committed to the ensuring and safeguarding of all personal information that is under its control and possession, against damage, loss or unauthorised access or destruction.
With this in mind the Company has taken certain physical security measures that will ensure the safeguarding of its clients Personal information. Physical measures include, but not limited thereto, the locking of all filing cabinets, in a secure room, with only the Information Officer that has Access to the room, alarm system, security gates.

8. PROCEDURE TO OBTAIN ACCESS TO RECORDS OR INFORMATION

PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any right. Any person, who would like to request access to any of the above records or information, is required to complete a request form, which is attached to this Manual as Annexure A, and pay the prescribed fees as referenced below. The request form is also available from –
8.1 the Information Officer of the Company at the contact details stipulated above; and
8.2 the Information Regulator at the contact details stipulated above.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester must identify the right he/she is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right. Access to the requested records or information or parts of the records or information may be refused in terms of the law. Requesters will be advised of the outcome of their requests.

9. FEES PAYABLE TO OBTAIN THE REQUESTED RECORDS OR INFORMATION

The fees for requesting and accessing information and records held by the Company are prescribed in terms of PAIA. The fees payable, which may be amended from time to time in accordance with notices published in the Government Gazette, is set forth below.

10. AVAILABILITY OF THIS MANUAL

A copy of this Manual is available for inspection, free of charge, at the Company. A copy of the Manual may also be requested from the Information Officer against payment of the appropriate fee, which may be obtained from the Information Officer.

11. FEES IN RESPECT OF RECORDS REQUESTED FROM PRIVATE BODIES

11.1 The fee for a copy of the manual as contemplated in regulation 9 (2) (c) is R1,10 for every photocopy of an A4-size page or part thereof.

11.2 The fees for reproduction referred to in regulation 11 (1) are as follows:

11.2.1 (a) For every photocopy of an A4-size page or part thereof R 1,10

11.2.2 (b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R 0,75

11.2.3 (c) For a copy in a computer-readable form on—
(i) stiffy disc R7,50
(ii) compact disc R70,00

11.2.4 (d)
(i) For a transcription of visual images, for an A4-size page or part thereof R40,00
(ii) For a copy of visual images R60,00

11.2.5 (e)
(i) For a transcription of an audio record, for an A4-size page or part thereof R20,00
(ii) For a copy of an audio record R 30,00

11.2.6 The request fee payable by a requester, other than a personal requester, referred to in regulation 11 (2) is R50,00.