Manual  Of Rosehaven Retirement Village 

(Private Body) 

Prepared and compiled on 7th June 2021 in accordance with Section 51 of the  Promotion of Access to Information Act, No 2 of 2000 in respect of Rosehaven  Retirement Village and its associated entities. 

Registration number: 001-083 NPO 

PBO no. 18/11/13/1503 

Update: 

TABLE OF CONTENTS 

  1. Introduction 
  2. Scope of Manual 
  3. The Act 
  4. Purpose of the Manual 
  5. Contact Detail and General Information 
  6. South African Human Rights Commission Guide 
  7. Records Automatically Available to the Public 
  8. Records of the Private Body 
  9. Records Required in Terms of Legislation 

10.Records Held in Respect of 3rd Party (ies) 

11.Request Procedure for Obtaining Information 

12.Fees 

13.Grounds for Refusal of Access to Information 

14.Remedies Available in the Event of Refusal of Request for Information 15.Decision 

APPENDIX 1: 

FORM C- Request for Access to Records of Private Body 

APPENDIX 2: 

Reproduction Fees

  1. INTRODUCTION 

The Promotion of Access to Information Act No 2 of 2000 (“The Act”), establishes  the following statutory rights of requesters to any record of a private body if:  

➢ That record is required for the exercise or protection of any of his or her legal  rights. 

➢ That requester complies with all the procedural requirements; and  ➢ Access is not refused in terms of any ground referred to in the Act.  

In terms of the Act private bodies are required to publish a manual to assist  requesters who wish to request access to a record. Rosehaven Retirement Village  keeps numerous records pertaining to its operations. 

Rosehaven Retirement Village is a registered Non-Profit Organisation and self managed community services provider to the residents of Rosehaven, who have  purchased the right (“Life Right”) to live at Rosehaven. The services offered  include the general upkeep and maintenance of the common property and the  provision of services to the residents such as electricity and water, cleaning  service, gardening service and a catering service.  

  1. SCOPE OF THE MANUAL 

This manual has been prepared in respect of Rosehaven Retirement Village. The  scope of this manual will serve to provide a reference regarding the records  held by Rosehaven Retirement Village at its registered physical address.  

  1. THE ACT 

The Promotion of Access to Information Act, No 2 of 2000 (“The Act”) was  enacted on 3 February 2000, giving effect to the right of access to any information  held by Government, as well as any information held by another person who is  required for the exercising or protection of any rights. This right is entrenched in  the Bill of Rights in the Constitution of South Africa. Where a request is made in  terms of The Act, the body to which the request is made is not obliged to release  the information, except where The Act expressly provides that the information  may or must be released. The Act sets out the requisite procedural issues  attached to such request. 

  

  1. PURPOSE OF THE MANUAL 

In order to promote effective governance of private bodies, it is  necessary to ensure that everyone is empowered and educated to  understand their rights in terms of The Act in order for them to exercise  their rights in relation to public and private bodies.

Section 9 of The Act, however, recognizes that such right to access to information  cannot be unlimited and should be subject to justifiable limitations, including, but  not limited to: 

  • Limitations aimed at the reasonable protection of privacy. 
  • Commercial confidentiality; and 
  • Effective, efficient, and good governance 

And in a manner that balances that right with any other rights, including such  rights contained in the Bill of Rights in the Constitution. 

Wherever reference is made to “Private Body” in this manual, it will refer to  Rosehaven Retirement Village and all its entities for whom this manual is  drafted. 

  

5.1 CONTACT DETAILS: 

Information Officer: Simon Eccles 

Postal Address: Private Bag X29, Benmore, 2010 

Physical Address: 38 St Andrews Rd, Hurlingham, Johannesburg Telephone No: 011 883 2872 

E-mail: simon@rosehaven.org.za 

5.2 GENERAL INFORMATION: 

Name of Private Body: Rosehaven Retirement Village 

Registration No: 001-083 NPO 

PBO no. 18/11/13/1503 

Postal Address: Private Bag X29, Benmore, 2010 

Physical Address: 38 St Andrews Rd, Hurlingham, Johannesburg Telephone No: 011 883 2872 

E-mail: info@rosehaven.org.za 

Website: www.rosehaven.org.za 

 

  1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE 

The South African Human Rights Commission has compiled the guide  contemplated in Section 10 of The Act. It contains such information as may  reasonably be required by a person who wishes to exercise any right  contemplated in The Act. The Guide is available for inspection, inter alia at 29  Princess of Wales Terrace, cnr York and St Andrews Street. Any enquiries  regarding this guide should be directed to: 

(RESEARCH AND DOCUMENTATION DEPARTMENT) 

Private Bag X2700, HOUGHTON, 2041 

Telephone Number: (011) 484-8300 

Facsimile Number: (011) 484-1360 

Website: www.sahrc.org.za; 

PAIA@sahrc.org.za 

  1. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC 

Public Records 

RECORD 

SUBJECT 

AVAILABILITY

Public 

Newsletters 

All freely available at  management office of  Rosehaven

Annual AGM/SGM Minutes

Management Rules

NPO Certificate

Marketing Material & Brochures

 

  1. RECORDS OF THE PRIVATE BODY 

This information is classified and grouped according to records relating to the  following subject and categories: It is recorded that the accessibility of the  documents listed herein below, may be subject to the grounds of refusal set out  hereinafter. 

This clause serves as a reference to the records that the Private Body holds in  order to facilitate a request in terms of The Act.

RECORD 

SUBJECT 

AVAILABILITY

Financial 

Annual Audited Financial  Statements

Request in terms of  PAIA

Annual Summary Budget

Accounting Records, Bank  Statements, Creditor & Debtor  Accounts, up and to Trial Balance

Auditor Reports

 

SARS Files

 Request in terms of  PAIA

Staff Remuneration Records

Levy Roll

Insurance Policies

Correspondence

Invoices & Statements

Municipal Accounts

Investment Records

Residents 

House plans 

Request in terms of  PAIA

Utility Account Details 

Levy Account Details

Resident Personal Details

Medical Details/Reports

Agreements of Occupation

Human Resources 

Employment Contracts and  Personnel Information

Request in terms of  PAIA

Leave Records

PAYE Records & Returns

Returns to UIF

Appraisal Records

Study Assistance Records

Employee Tax Returns

Group Life Records

HR Policies & Procedures

Governance 

MANCOM Minutes 

Request in terms of  PAIA

FINCOM Minutes 

Statutory Returns to Relevant  Authorities

Operations 

Service Level Agreements 

Request in terms of  PAIA

General Correspondence 

Access Control Records

Contracts

Vehicle Registration Records

Information  

Technology

Software Licenses 

Request in terms of  PAIA

Software Packages 

 

  1. RECORDS REQUIRED IN TERMS OF LEGISLATION 

Records are kept in accordance with legislation applicable to Rosehaven  Retirement Village which includes but is not limited to the following:

Housing Development Schemes for Retired Persons Act 65 of 1988 Older Persons Act No. 13 of 2006 

Electronic Communications and Transactions Act 25 of 2002  

Income Tax Act 58 of 1962  

Labour Relations Act 66 of 1995  

Basic Conditions of Employment Act 75 of 1997  

Employment Equity Act 55 of 1998  

Unemployment Insurance Act 63 of 2001  

Skills Development Act 97 of 1998  

Skills Development Levies Act 9 of 1999  

Occupational Health and Safety Act No.85 of 1993 

Unemployment Contributions Act No.4 of 2002  

Financial Intelligence Centre Act No. 38 of 2001 

National Building Regulations and Building Standards Act 103 of 1977 

Reference to the above-mentioned legislation shall include subsequent  amendments and secondary legislation to such legislation. 

  1. RECORDS HELD IN RESPECT OF 3RD PARTY (IES) 
    None
  2. REQUEST PROCEDURE FOR OBTAINING INFORMATION 

Access to records held by the PRIVATE BODY 

Records held by the Private Body may be accessed by request only once the  prerequisites for access have been met. 

The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee. 

The requester must comply with all the procedural requirements contained in The  Act relating to the request for access to a record. 

The requester must complete the prescribed form C and submit same as well as  payment of a request fee and a deposit, if applicable, to the Information Officer  at the postal or physical address, fax number or electronic mail address as stated  herein. 

The prescribed form must be filled in with enough particulars to at least enable  the Information Officer to identify – 

  • The record or records requested; 
  • The identity of the requester, 
  • Which form of access is required, if the request is granted; 
  • The postal address or fax number or email address of the requester.

The requester must state that he/she requires the information in order to exercise or  protect a right, and clearly state what the nature of the right to be exercised or  protected is. In addition, the requester must clearly specify why the record is  necessary to exercise or protect such a right. 

The Private Body will process the request within 30 days, unless the requester has  stated a special reason that would satisfy the Information Officer that circumstances  dictate that the above time periods are not complied with. 

The requester shall be informed whether access has been granted or denied. If, in  addition, the requester requires the reason for the decision in any other manner, he /  she must state the manner and the particulars so required. 

If a request is made on behalf of another person, then the requester must submit  proof of the capacity in which the requesters making the request, to the reasonable  satisfaction of the Information Officer. 

If an individual is unable to complete the prescribed form because of illiteracy or  disability, such a person may make the request orally. 

The requester must pay the prescribed fee before any further processing can take  place. 

  1. FEES 

The Act provides for two types of fees, namely: 

– A request fee, which will be a standard fee; and 

– An access fee, which must be calculated by taking into account reproduction  costs, search and preparation time and cost, as well as postal costs. 

When the Information Officer receives the request, such Officer shall by notice  require the requester, other than a personal requester, to pay the prescribed  request fee (if any), before any further processing of the request. 

If the search for the record has been made in the preparation of the record for  disclosure, including arrangements to make it available in the requested form,  and it requires more than the hours prescribed in the regulation for this purpose,  the Information Officer shall notify the requester to pay as a deposit the  prescribed portion of the access fee which would be payable if the request is  granted. 

The Information Officer shall withhold a record until the requester has paid the  Fees as indicated in Appendix 2. 

A requester, whose request for access to a record has been granted, must pay  an access fee for reproduction and for search and preparation, and for any time  reasonably required in excess of the prescribed hours to search for and prepare 

the record for disclosure, including making arrangements to make it available in  the requested form. 

If a deposit has been paid in respect of a request for access, which is refused,  then the Information Officer concerned must repay the deposit to the requester. 

  1. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION 

The main grounds for the Private Body to refuse a request for information  relates to the: 

Mandatory protection of the privacy of a third party that is a natural person that  would involve the unreasonable disclosure of personal information of that natural  person; 

Mandatory protection of the commercial information of a third party, if the record  contains: 

– Trade secrets of that third party; 

– Financial, commercial, scientific or technical information, disclosure of which  could likely cause harm to the financial or commercial interests of that third  party; 

– Information disclosed in confidence by a third party to the Private Body, if the  disclosure could put that third party at a disadvantage in negotiations or  commercial competition. 

Mandatory protection of confidential information of third parties if it is protected  in terms of any agreement; 

Mandatory protection of confidential information of the protection of property; Mandatory protection of records that would be regarded as privileged in legal  proceedings; 

The commercial activities of the Private Body, which may include: 

  • Trade secrets of the Private Body; 
  • Financial, commercial, scientific or technical information, disclosure  which could likely cause harm to the financial or commercial interest of  the Private Body; 
  • Information which, if disclosed could put the Private Body at a  disadvantage in negotiations or commercial competition; 
  • A computer program, owned by the Private Body, and protected by  copyright. 

The research information of the Private Body or a third party, if its disclosure  would reveal the identity or the Private Body, the researcher or the subject  matter of the research and would place the research at a serious disadvantage;

Requests for information that are clearly frivolous or vexatious, or which would  involve an unreasonable diversion of resources shall be refused. 

  1. REMEDIES AVAILABLE IN THE EVENT OF REFUSAL OF REQUEST FOR  INFORMATION 

Internal remedies 

The Private Body does not have an internal appeal procedure. As such, the  decision made by the Information Officer is final, and requesters will have to  exercise such external remedies at their disposal if the request for information is  refused, and the requester is not satisfied with the answer supplied by the  Information Officer. 

External remedies 

A requester who is dissatisfied with an information officer’s refusal to disclose  information, may within 30 days of notification of the decision, apply to a Court  for relief. 

Likewise, a third party dissatisfied with an Information Officer’s decision to grant  a request for information, may within 30 days of notification of the decision, apply  to a Court for relief. A Court for relief, is a Court of Law as referred to in The Act  or any other Court of similar status. 

  1. DECISION 

The Private Body will within 30 days of receipt of the request, decide whether  to grant or decline the request and give notice with reasons (if required) to that  effect. 

The 30 day period within which the Private Body has to decide whether to grant  or refuse the request, may be extended for further period of not more than thirty  days if the request is for a large amount of information, or the request requires  a search for information held at another office of the Private Body and the  information cannot reasonably be obtained within the original 30 day period. The  Private Body will notify the requester in writing should an extension be sought.

APPENDIX – 1 

PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER 

FORM C 

REQUEST FOR ACCESS TO RECORDS OF PRIVATE BODY 

 

(Section 53(1) of the Promotion of Access to Information Act, No 2 of 2000) (Regulation 4) 

  1. Particulars of Private Body 

The Head: 

 

  1. Particulars of person requesting access to the record 

The particulars of the person who requests access to the records must be  recorded below. 

Furnish an address and/or fax number in the Republic to which information must  be sent.  

Proof of the capacity in which the request is made, if applicable, must be  attached. 

Reason for request in writing.

 

Full Name and Surname: 

________________________________________________ 

Identity Number: ______________________________________________________  

Postal Address:  

____________________________________________________ 

Telephone Number: _____________________  

Fax Number: ___________________

 

  1. Particulars of person on whose behalf request is made: 

This section must be completed only if a request for information is made on  behalf of another person.

 

Surname:  

_______________________________________________________________ Identity Number: ____________________________ 

  1. Particulars of record: 

Provide full particulars of the record to which access is requested, including the  reference number if it is known to you, to enable the record to be located. If the provided space is inadequate please continue on a separate folio and  attach it to this form. The requester must sign all the additional folios.

 

  

Description of the record or relevant part of the record: 

 

Reference number, if available:  

_________________________________________ 

  

Any further particulars of the record:  

____________________________________________________________________ ____________________________________________________________________ 

___________________________________________________________ E. Fees:

A request for access to a record containing personal information about you will be  processed only after a request fee has been paid. 

You will be notified of the amount of the request fee.

 

The fee payable for access to a record depends on the form in which the  access is required and the reasonable time required to searching for and  preparing a record. 

If you qualify for exemption from the payment of any fee, please state the reason  for this.

 

Reason for exemption from payment of the fee: 

 

  

  1. Form of access to the record:

If you are prevented by a disability to read, view or listen to the record in the  form of access provided for in 1 to 4 hereunder, state your disability and indicate  in which form the record is required.

 

Disability: 

Form in which record is required:

 

Mark the appropriate box with an “ X ” 

NOTES: 

Your indication as to the required form of access depends on the form in which  the record is available. 

Access in the form requested may be refused in certain circumstances. In such a  case you will be informed if access will be granted in another form. 

The fee payable for access to the record, if any, will be determined partly by the  form in which access is requested.

 

1. If the record is in written or printed form:

Copy of record* 

Inspector

 

2. If the record consists of visual images: 

(This includes photographs, slides, video recordings, computer generated  images, sketches, etc.)

View the  

images

Copy the  

images*

Transcription of the images*

 

3. If the record consists of recorded words or information which can  be reproduced in sound:

Listen to the  

soundtrack (Audio  

Cassette)

Transcription of soundtrack*(written or  printed document)

 

4. If the record is held on computer or in an electronic or machine readable form:

Printed copy of  record

Printed copy of  information  

derived from the  record*

Copy in computer readable  form*(stiffy or compact  disc)

 

*If you requested a copy or transcription of a record  (above), do you want the copy or transcription to be  posted to you?

Yes 

No

 

  1. Particulars of right to be exercised or protected: 

If the provided space is inadequate, please continue on a separate folio and  attach it to this form The requester must sign all the additional folios.

 

Indicate which right is to be exercised or protected:  

____________________________________________________________________ ____________________________________________________________________ ______________________ 

  

Explain why the requested record is required for the exercising or protection of the  aforementioned right: 

____________________________________________________________________ ____________________________________________________________________ ______________________ 

  1. Notice of decision regarding request for access:

You will be notified in writing whether your request has been approved / denied.  If you wish to be informed thereof in another manner, please specify the manner  and provide the necessary particulars to enable compliance with your request.

 

How would you prefer to be informed of the decision regarding your request for  access to the record? 

____________________________________________________________________ ____________________________________________________________________ 

Signed at this day of _____________________200______ 

—————————————————— 

SIGNATURE OF REQUESTER/PERSON 

ON WHO’S BEHALF REQUEST IS MADE

APPENDIX – 2 

REPRODUCTION FEES 

Where the requested document appears in the appendix 1, i.e. the Private Body has  voluntarily provided the Minister with a list of categories of records that will  automatically be made available to any person requesting access thereto, the only  charge that may be levied for obtaining such records, shall be a fee for reproduction  of the record in question. 

THE APPLICABLE FEES FOR REPRODUCTION AS REFERED TO ABOVE ARE: 

– 

Each photocopy of an A4-size page or part thereof 

R1-10

– 

Each printed copy of an A4-size page or part thereof held on a  computer or in electronic or machine readable form 

R0-75

– 

For a copy of a computer readable form on compact disc 

R70-00

– 

A Transcription of visual images, for an A4-size page or part  thereof

R40-00

– 

For a copy of visual images 

R60-00

– 

Transcription of an audio record – A4-size page or part thereof 

R20-00

– 

For a copy of an audio record 

R20-00

– 

To search for a record that must be disclosed (per hour or part  of an hour reasonably required for such search)

R30-00

 

Request fees: 

Where a requester submits a request for access to information held by a Private  Body or a person other than the requester him – / herself, a request fee in the  amount of R50-00 is payable up-front before the Private Body will further  process the request received. 

  

THE APPLICABLE FEES FOR ACCESS  

An access fee is payable in all instances where a request for access to information is  granted, except in those instances where payment of the access fee is specifically  excluded in terms of an exclusion as determined by the Minister in terms of Section  54 (8) of The Act. 

The access fees that will be payable are:

– 

Each photocopy of an A4-size page or part thereof 

R1-10

– 

Each printed copy of an A4-size page or part thereof held on a  computer or in electronic or machine readable form

R0-75

– 

For a copy of a computer readable form on compact disc 

R70-00

– 

A Transcription of visual images, for an A4-size page or part  thereof

R40-00

 

– 

For a copy of visual images 

R60-00

– 

Transcription of an audio record – A4-size page or part thereof 

R20-00

– 

For a copy of an audio record 

R20-00

– 

To search for a record that must be disclosed (per hour or part  of an hour reasonably required for such search)

R30-00

 

  

* Where a copy of a record must be posted the actual postal fee is  payable. 

  

Deposits: 

Where the Private Body receives a request for access to information on a person  other than the requester him- / herself and the Information Officer upon receipt of  the request is of the opinion that the preparation of the required record of disclosure  will take more than 6 (six) hours, a deposit is payable by the requester. 

The amount of the deposit is equal to one third of the amount of the applicable  access fee. 

Note: In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees  prescribed in terms of the Regulations. 

AVAILABILITY OF THE MANUAL 

The manual of the Private Body is available at the premises of the Private body as  well as on the website of the Private Body. 

Signed by: ___________________________ 

  

Date: _______________________________