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Estate Agencies must meet Access to Information Manual Deadline  

Article Date :29 Jul 2005

Generic manual designed for estate agents available from IEASA

Estate agencies, like other organisations, must comply with the August 31 deadline for submission of Access to Information manuals to the SA Human Rights Commission.

Bill Rawson, national president of the Institute of Estate Agents, says that the original deadline was two years ago, and that the IEA has no reason to think that it will be extended again. The IEA has prepared a model manual which firms can buy and adapt to suit their own circumstances. Even a one-person firm must comply with the law.

In terms of the Promotion of Access to Information Act 2001, everyone is entitled to have access to the records of private organisations to obtain information needed to exercise or protect his or her rights. An organisation has a certain amount of discretion to refuse access, though it could be overruled by a court if the applicant chose to take the matter up to that level. The organisation must therefore have a written procedure to deal with such requests, and prove it by submitting a copy of the procedure manual to the SAHRC.

"As we understand it," says Rawson, "the purpose of this legislation is to break down the sort of bureaucratic barriers that were a feature of the past, and to underscore our constitutionally guaranteed rights. That is a good thing. However, it's unfortunate that it places yet another administrative burden on business.

"Even if a firm is willing to grant unrestricted access to its records, it must still comply with the requirements. It must compile a manual which identifies it, explains what records it holds, and sets out a procedure for requesting access to its records. This includes a 4-page application form and a schedule of fees, both as laid down by the government.

"The manual must be submitted to the SA Human Rights Commission, and a copy must be kept at the firm's office and be made available on request. A firm which has a website can also publish its manual on the site.

Fortunately, it is no longer necessary to publish it in the Government Gazette too, as was originally the case."

The IEA has compiled a basic manual which can be customised to suit an individual firm's needs. The document has been checked by an attorney, and contains all the relevant information, including the application form and schedule of fees.

The cost for the manual is R100 for IEA members, and R200 for non-members.

To order a copy of the basic manual, contact your local IEASA Branch:

Eastern Region
Tel: (011) 894-4100 glenfaye@iafrica.com

KZN Durban & Coastal Region
Tel: (031) 207-7330 realtors@saol.com

South Eastern Cape Region
Tel: (041) 364-2805 secir@mweb.co.za

Central Region
Tel: (011) 482-2017 nirsacentral@mweb.co.za

Pietermaritzburg & Interior Region
Tel: (033) 394-2205 ieasapmb@lantic.net

Border Region
Tel: (043) 748-1156 irsasapo@iafrica.com

Western Cape Region
Tel: (021) 531-3180 info@cape.ieasa.org.za

Northern Region
Tel: (012) 998-6551/2 lynettem@netactive.co.za

IEASA National
Tel: (021) 531-2074 kate@national.ieasa.org.za



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