PAIA Manual

PAIA MANUAL 

This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (as amended) (hereinafter referred to as “PAIA”) and to address and incorporate requirements of the Protection of Personal Information Act, 2013 (as amended) (hereinafter referred to as “POPI”). 


This manual applies to 


RICOH SOUTH AFRICA PROPRIETARY LIMITED


Registration number: 1960/000915/07 

(Including al subsidiaries) 

23 September 2024 

Registered office address: 

EQUITES PARK MEADOWVIEW 

CORNER CLULEE ROAD AND GORDON AVENUE 

MEADOWVIEW EXT 132 

SANDTON 

GAUTENG 

2065


1. Definitions


1.1. “RICOH” or “the Company” means Ricoh South Africa (Pty) Ltd, a private company with limited liability, registered duly incorporated in terms of the legislation applicable in the Republic of South Africa, with registration number 1960/000915/07, with offices at Equites Park Meadowview, Corner Clulee Road and Gordon Avenue, Meadowview Ext 132, Sandton, Gauteng, 2065,

1.2. “IO” means the Information Officer of the Company, as duly registered with the IR,

1.3. “IR” means the Information Regulator, which is an independent body established in terms of section 39 of POPIA. It is subject only to the law and the constitution and it is accountable to the national assembly. The information regulator is, among others, empowered to monitor and enforce compliance by public and private bodies with the provisions of POPIA and PAIA,

1.4. “Manual” means this PAIA manual, as updated and published by the Company from time to time;

1.5. “PAIA” means the Promotion of Access to Information Act, Act No. 2 of 2002 (as amended),

1.6. “POPIA” means the Protection of Personal Information Act, Act No. 4 of 2013.


2. Purpose of the Manual


2.1. The purpose of the Manual is to assist a member of the public to:

    2.1.1. To understand records that the Company hold and that may be made available in terms of any prevailing legislation, other than PAIA,

    2.1.2. To understand how to request access to records the Company holds,

    2.1.3. To access the contacts details of the Information Officer who will assist with your request,

    2.1.4. To understand the different categories of information,

    2.1.5. To understand who the Company may provide personal information,

    2.1.6. To understand what categories of information (including personal information) the Company may hold,

    2.1.7. To ascertain whether the Company processes certain personal information and if so, to understand the purpose of the Company processing your personal information as well as the categories relating to personal information.

    2.1.8. To ascertain if the Company will transfer any of your information outside of the borders of the Republic of South Africa and to know how the recipients will receive your personal information as well as the categories of personal information such recipients will receive,

    2.1.9. Understand this manual and how to access the forms to request information (which includes personal information).

3. Information Officer and Head Office Particulars

Name of BodyRicoh South Africa (Pty) Ltd
Registration Number:1960/000915/07
Appointed Information Officer (IO)Dean Paul Richards
Information Officer (IO) email Address

Dean.richards@ricoh.co.za

Head Office Physical Address

Equites Park Meadowview 

Corner Clulee Road and Gordon Avenue 

Meadowview Ext 132 

Sandton 

Gauteng 

2065

Head Office Postal Address

Equites Park Meadowview 

Corner Clulee Road and Gordon Avenue 

Meadowview Ext 132 

Sandton 

Gauteng 

2065

Head Office Telephone Number(011) 723 5000
Head Office Fax Numbern/a
EmailDean.richards@ricoh.co.za
Website Addresswww.ricoh.co.za


4. PAIA Guide


4.1. The IR has published a revised guide on how to use PAIA (Guide – On how to use the Promotion of Access to Information Act 2 of 2002, as amended) (“the Guide”), for any person who wants toexercise their right to information under PAIA or POPIA.

4.2. The Guide is available in each of the official languages and in braille.

4.3. The Guide contains a description of:

    4.3.1. The objects of PAIA and POPI,

    4.3.2. The postal and street address, phone, and fax number and if available, the electronic mail address of-

        4.3.2.1. The Information Officer of every public body, and

        4.3.2.2. Every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2,

    4.3.3. The manner and form of a request for-

            4.3.3.1. Access to a record of a public body complemented in section 113, and 4.3.3.2. Access to a record of a private body, contemplated in section 504,

    4.3.4. The assistance available from the IO of a public body in terms of PAIA and POPIA;

    4.3.5. The assistance from the Regulator in terms of PAIA and POPIA,

    4.3.6. All remedies in law available regarding an act of failure to act in respect of a right or duty conferred or imposed by PAIA or POPIA, including the manner of lodging-

        4.3.6.1. An internal appeal,

        4.3.6.2. A complaint to the IR,

        4.3.6.3. An application with a court against a decision by the information officer of a public body, a decision of an internal appeal or a decision by the IR or a decision of the head of a private body;

    4.3.7. The provisions of sections 145 and 516 requiring a public and private body, respectively, to compile a manual, and how to obtain access to the manual;

    4.3.8. The provisions of sections 157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body respectively;

    4.3.9. The notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and the regulations made in terms of section 92.11

4.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

4.5. The guide can be obtained by:

    4.5.1. Upon requesting same from the IR,

    4.5.2. Viewing same on the IR’s website at www.inforegulator.org.za.

4.6. A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

    4.6.1. English, and

    4.6.2. Afrikaans.


5. Disclosure of Records


5.1. In terms of section 70 of PAIA, we have a duty and must disclose records if such disclosure meets one or more of the following requirements:

    5.1.1. Failure to disclose will be a contravention of the law;

    5.1.2. An imminent and serious public safety or environmental risk would materialize or has risk of materializing, failing disclosure.

    5.1.3. The public interest of disclosing the record/s outweighs the harm that may be expected to be caused by the disclosure.

5.2. We must or may refuse the following requests, as determined by the relevant legislation (not a closed list):

    5.2.1. As per Section 7 of PAIA

    5.2.1.1. Records for the purposes of criminal or civil proceedings.

    5.2.2. As per Section 63 of PAIA

    5.2.2.1. We must refuse access to a record if the disclosure involves the unreasonable disclosure of personal information of a third party, including a deceased individual.

    5.2.3. As per Section 64 of PAIA

    5.2.3.1. We must refuse access to a record/s that will deter or affect the mandatory protection of commercial information of a third party.

    5.2.4. As per Section 65 of PAIA

        5.2.4.1. We must refuse access to a record/s that will deter or affect the mandatory protection of commercial information of a third party.

    5.2.5. As per Sectio 66 of PAIA

        5.2.5.1. We must refuse a request for access to a record/s if its disclosure could reasonably be expected to endanger the life or physical safety of an individual or may prejudice or impair the security of a building, structure or system, a means of transport or any other property or the methods, systems plans or procedures for the protection of and individual in accordance with a witness protection scheme, the safety of the public or the security of property as per the above Section in PAIA.

    5.2.6. As per Section 67 of PAIA

        5.2.6.1. We must refuse a request for access to a record/s is/are legally privileged and the person entitled to the legal privilege has not waived same.

    5.2.7. As per Section 68 of PAIA

        5.2.7.1. Any commercial information requested pertaining to our (or a third party’s) trade secrets, financial, commercial, scientific or technical information, where the disclosure can cause harm to the entity’s commercial or financial interest, where the disclosure could be reasonably expected to put the entity at a disadvantage in contractual or other negotiations or prejudice the entity in commercial competition or if the information requested is a computer program (as defined in Section 1 of the Copyright Act (No.98 0f 1978) and is owned by the entity, except where it is required to give access to a record, where access is granted in terms of PAIA.


6. Legislation in terms of which records may be requested.

    

6.1. In addition to PAIA, the following Legislation may be used to access personal information (which is not an exhaustive/ closed list):

    6.1.1. Basic Conditions of Employment Act No.75 of 1997 (as amended),

    6.1.2. Broad-based Black Economic Empowerment Act No. 53 of 2000 (as amended),

    6.1.3. Companies Act No. 71 of 2008 (as amended),

    6.1.4. Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 (as amended),

    6.1.5. Competition Act No. 89 of 1998,

    6.1.6. Consumer Protection Act No 68 of 2000,

    6.1.7. Copyright Act No. 98 of 1975 (as amended),

    6.1.8. Disaster Management Act No. 57 of 2002,

    6.1.9. Currency and Exchanges Act No 9 of 2013,

    6.1.10. Customs Control Act No. 31 of 2014,

    6.1.11. Electronic Communications and Transactions Act No. 25 of 2005,

    6.1.12. Employment Equity Act No. 55 of 1998 (as amended),

    6.1.13. Employment Services Act No. 4 of 2014,

    6.1.14. Environment Conservation Act No. 73 of 1989 (as amended),

    6.1.15. Foreign Account Tax Compliance Act (FACTA), 2010,

    6.1.16. FX Global Code,

    6.1.17. General Pensions Act No. 29 of 1979,

    6.1.18. Hazardous Substances Act No. 15 of 1973,

    6.1.19. IFRS Standards,

    6.1.20. Immigration Act No. 13 of 2002 as amended,

    6.1.21. Income Tax Act No.58 of 1962 as amended,

    6.1.22. Insolvency Act No. 24 of 1936,

    6.1.23. Insurance Act No. 18 of 2017,

    6.1.24. Justices of the Peace and Commissioner of Oaths Act No. 16 of 1963 (as amended),

    6.1.25. King IV Code and Principles, 2016,

    6.1.26. Labour Relations Act No. 66 of 1995 (as amended),

    6.1.27. Long-term Insurance Act No. 52 of 1998,

    6.1.28. Magistrates' Courts Act No. 32 of 1944,

    6.1.29. Matrimonial Property Act No. 88 of 1984,

    6.1.30. Medical Schemes Act No. 131 of 1998 (as amended),

    6.1.31. Municipal Finance Management Act No. 56 of 2003,

    6.1.32. National Credit Act No. 34 of 2005 (as amended),

    6.1.33. National Minimum Wage Act No. 8 of 2018,

    6.1.34. Occupational Health and Safety Act No. 85 of 1993, (as amended),

    6.1.35. Patents Act No. 57 of 1978,

    6.1.36. Pension Funds Act No. 24 of 1956 (as amended),

    6.1.37. Preferential Procurement Policy Framework Act No 5 of 2000,

    6.1.38. Prescribed Rate of Interest Act No. 55 of 1975 (as amended),

    6.1.39. Prescription Act No. 68 of 1969,

    6.1.40. Prevention and Combating of Corrupt Activities Act No.12 of 2004

    6.1.41. Prevention of Organized Crime Act No.121 of 1998,

    6.1.42. Prevention of and Treatment for Substance Abuse Act No. 70 of 2008,

    6.1.43. Promotion of Access to Information Act No.2 of 2000,

    6.1.44. Protection of Personal Information Act No. 4 of 2013,

    6.1.45. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000,

    6.1.46. Protection from Harassment Act No.17 of 2011,

    6.1.47. Protected Disclosures Act No. 26 of 2000 (as amended),

    6.1.48. Protection of Constitutional Democracy against Terrorist and Related Activities Act No. 33 of 2004,

    6.1.49. Public Holidays Act No. 36 of 1994 (as amended),

    6.1.50. Public Finance Management Act No. 1 of 1999.


7. Categories of Records of RICOH which are available without a person having to request access in terms of the prescribed forms.

Category of RecordsTypes of recordAvailable on our WebsiteAvailable on request
Human ResourcesStatutory and other employee recordsX
Suppliers / ClientsExecuted AgreementsX
Company SpecificTax CertificateX
B-BBEE CertificateX


8. Categories of Records of RICOH which are available to the relevant party/ies in accordance with other legislation.

Category/ subject on which body holds recordsDescription of recordsLegislation applicable to request
ShareholdersThe Company’s Memorandum of IncorporationCompanies Act No. 71 of 2008 (as amended)
Records in respect of the Company’s directors
Reports to annual meetings and financial statements
Notices and minutes of annual meetings and communications
Security (Share) Register
Human ResourcesEmployee records (including leave records, training records, performance management)Basic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Policies and ProceduresBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Tax informationIncome Tax Act No.58 of 1962
Occupational Health and SafetyOccupational; Health and Safety policies, procedures, and guidelinesccupational Health and Safety Act No.85 of 1993
Compensation for Occupational Injuries and Diseases (COID)Claim submitted in terms of COIDCompensation for Occupational Injuries and Diseases Act, No 130 of 1993.
Number of Injuries on Duty in a Diseases Act, No 130 of 1993. period
Proof of Registration


9. Description of the Subjects on which RICOH holds Record and Categories of Record held on each Subject by RICOH

Category/ subject on which body holds recordsDescription of recordsLegislation applicable to request
Strategy, plans and proposalsAnnual reports, strategic plans, and annual reviewsCompanies Act No. 71 of 2008
Human ResourcesAdvertisements for jobs advertisedBasic Conditions of Employment Act No.75 of 1997 (as amended)
Internal and External Curriculum Vita’s and interview recordsBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Employee RecordsBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Onboarding of employeesBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Policies and ProceduresBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Leave recordsBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Training recordsBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Records of further learning/ educationBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Information on additional earnings or deductionsBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Third Party deductionsBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Bursary informationBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Job related membership or affiliationsBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Tax informationBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
Performance managementBasic Conditions of Employment Act No. 75 of 1997 (as amended)
Offboarding of EmployeesBasic Conditions of Employment Act No. 75 of 1997 (as amended) and the Labour Relations Act No.66 of 1995 (as amended)
ShareholdersShare RegisterCompanies Act No. 71 of 2008
Shareholder StatementsCompanies Act No. 71 of 2008
Tax reportingCompanies Act No. 71 of 2008
SuppliersSupplier profilesGood Practice and Protection of Personal Information Act No. 4 of 2013
Supplier tax invoicesValue Added Tax Act No. 89 of 1991 (as amended), Income Tax Act No 58 of 1962 (as amended)
Occupational Health and SafetyOccupational; Health and Safety policies, procedures, and guidelinesOccupational Health and Safety Act No. 85 of 1993



10. Processing of Personal Information

10.1. RICOH processes personal information (as defined in Section 1 of POPIA) for the following purposes:

    10.1.1. Recruit new employees,

    10.1.2. To employ employees to ensure compliance,

    10.1.3. To prevent fraud,

    10.1.4. To market our products and services to Clients;

    10.1.5. To issue quotes,

    10.1.6. To produce tax invoices,

10.2. Description of the categories of Data Subjects and of the information or categories of information relating thereto:

Categories of Data SubjectsPersonal Information that may be Processed
Suppliers/ClientsName, address, registration numbers or identify numbers, employment status and bank details,
EmployeesAddress, qualifications, gender, and race
Independent ContractorsNames, registration numbers, VAT numbers, addresses, trade secrets and bank details

10.3. The recipients or categories of recipients to whom the personal information may be supplied:

Category of Personal InformationRecipients or categories of recipients to whom the personal information may be supplied
Identity number and names for criminal checksSouth African Police Services
Qualifications for qualification verificationsSouth African Qualifications Authority
Credit and payment history for credit informationCredit Bureaus

10.4. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity, and availability of the information.
    10.4.1. RICOH uses many security safeguards to ensure the confidentiality and integrity of personal information under its care. It uses data encryption, anti-virus and anti-malware solutions from trusted service providers and has numerous internal policies to ensure employee compliance, to reduce the risk of a breach of security due to human error.


11. Availability of the Manual


11.1. A copy of the Manual is available – 

    11.1.1. on the website; 

    11.1.2. The head office of RICOH for public inspection, during normal business hours; 

    11.1.3. To any person upon request and upon the payment of a reasonable fee; and 

    11.1.4. To the IR, upon request. 11.2. The fee for a copy of the Manual as contemplated in Annexure B of the regulations, shall be payable per each A4-size photocopy made.

12. Updating of the Manual

The manual will be reviewed on a regular basis and will be updated by the RICOH compliance function where necessary.


13. Fees Payable

Fees payable by requestors of Personal InformationFee
The request fee payable by every requesterR140.00
Photocopy/printed black & white copy of A4-size pageR3.00 per page or part thereof

A copy in a computer-readable from saved on:

  • A flash Drive (to be provided by requester)
  • Compact disc
       •  If provided by requestor
       •  If provided to requestor

R40.00

R40.00

R60.00

For a transcription of visual images on an A4-size pageR24.00

Copy of an audio record on

  • Flash drive (to be provided by requester)
  • Compact Disc
    •    If provided by requester
    •    If provided to requester

R40.00 

R40.00 

R60.00

Searching and preparation for record for disclosure, which excludes the first hour. To not exceed cost of:R435.00 per hour or part of an hour spent.
Postage, email, or any other electronic transferActual expense incurred, if any.

Issued by

Dean Paul Richards

Chief Executive Officer




1Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records. 

2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA. 

3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating

4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if: a) that record is required for the exercise or protection of any rights; b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and c) access to that record is not refused in terms ofany ground for refusal contemplated in Chapter 4 of this Part.

5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed inparagraph 3 above.

6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 3 above.

7 Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access.

8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access.

9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding- (a) any matter which is required or permitted by this Act to be prescribed; (b) any matter relating to the fees contemplated in sections 22 and 54; (c) any notice required by this Act; (d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and (e) any administrative or procedural matter necessary to give effect to the provisions of this Act.