Riken Electric (Pty) Ltd

(Registration No. 2022 / 493078 / 07) 

PROMOTION OF ACCESS

TO INFORMATION (PAIA) MANUAL 

This Manual is prepared in terms of Section 5 of the Promotion of Access to Information Act No 2 of 2000 (“PAIA”) as amended by the Protection of Personal Information Act, No 4 of 2013 (“POPIA”)

MANUAL STATEMENT 

• This manual forms part of the manual owner’s internal business processes and procedures.

• Any reference to the “organisation” shall be interpreted to include the “manual owner”.

• The organisation’s governing body, its employees, contractors, suppliers and any other persons acting on behalf of the organisation are required to familiarise themselves with the manual’s requirements and undertake to comply with the stated processes and procedures.

• Risk owners and control owners are responsible for overseeing and maintaining control procedures and activities.

MANUAL ADOPTION

By signing this document, I authorise the manual owner’s approval and adoption of the processes and procedures outlined herein.

TABLE OF CONTENTS

1. AN INTRODUCTION TO PAIA ………………………………………………………………………………………………. 4
2. OUR PAIA MANUAL …………………………………………………………………………………………………………… 4
3. COMPANY OVERVIEW ……………………………………………………………………………………………………….. 5
4. BRANCHES AND DIVISIONS ……………………………………………………………………………………………………. 6
5. OUR BOARD OF DIRECTORS ……………………………………………………………………………………………….. 6
6. OUR CONTACT DETAILS………………………………………………………………………………………………………. 7
7. DETAILS OF OUR INFORMATION OFFICER ………………………………………………………………………………….. 7
8. INFORMATION THAT IS AUTOMATICALLY AVAILABLE WITHOUT A PAIA REQUEST ………………………. 7
9. LIST OF APPLICABLE LEGISLATION ……………………………………………………………………………………… 10
10. INFORMATION RELATED TO POPIA…………………………………………………………………………………… 11
11. REQUEST PROCEDURE ……………………………………………………………………………………………………. 14
12. OBJECTION …………………………………………………………………………………………………………………… 15
13. CORRECTION ………………………………………………………………………………………………………………… 15
14. PROOF OF IDENTITY ………………………………………………………………………………………………………. 15
15. TIMELINES FOR CONSIDERATION OF A REQUEST FOR ACCESS …………………………………………….. 15
16. GROUNDS FOR REFUSAL OF ACCESS AND PROTECTION OF INFORMATION …………………………… 15
17. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS ………………………………………… 16
18. APPENDICES …………………………………………………………………………………………………………………. 16 

1 AN INTRODUCTION TO PAIA

1.1         The Promotion of Access to Information Act, 2000 (“PAIA”) came into operation on 9 March 2001.

1.2         PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, to enable them to exercise or protect their rights.

1.3         PAIA sets out the requisite procedural issues attached to information requests, including the

obligation to compile a PAIA Manual.

1.4         Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such bodies and stipulates the minimum requirements that the manual must comply with.

1.5         Where a person is desirous of obtaining information from a private body, in terms of PAIA such request must be made in the format as prescribed and described under the private body’s PAIA Manual, and following receipt of the request, such private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights, and provided that no grounds of refusal contained in PAIA are applicable.

2 OUR PAIA MANUAL

2.1         This Manual constitutes Riken Electric ’s PAIA manual.

2.2         This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to everyone’s Constitutional right to privacy and largely commenced on 1 July 2020. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions to establish minimum requirements for the processing of personal information.

2.3         POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct, and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

2.4         This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.

2.5         We have compiled this Manual to inform you of, and guide you through, the procedural and other requirements with which a PAIA request must comply.

2.6         For purposes of this Manual, we refer to ourselves as “Riken Electric”, “we”,” us” or “our”.

3 COMPANY OVERVIEW

3.1         Riken was established in 1982 as a supplier of motor control systems to the South African Market. Over the years, the brand built a reputation as being a reputable brand of excellent quality. Riken turned 40 years old in May 2022 and is positioned itself for growth in the low to medium voltage electrical space in the market in both AC and DC Renewable sector. Riken products are backed with internationally accredited test reports which allows the opportunity for expansion into international markets in Africa and Europe. Riken Electric (Pty) Ltd offers a vast range of products that are registered with the National Regulator for Compulsory Specification (NRCS) in South Africa. Riken Electric (Pty) Ltd is a registered member of the Electrical Contractors Association (ECA) and Electrical Contractors Board (ECB) of South Africa. Riken Electric has been a long-standing accredited member of both electrical bodies.

3.2         Today, the Riken Brand is sold in United States of America, Europe and Australia and in Southern Africa, and throughout South Africa. Our Head Office is based in Gauteng and have regional representation in Cape Town, Port Elizabeth, George, and in East London. Riken has positioned itself to be one of the leaders in the low voltage electrical market in South Africa. We have achieved this by retaining a solid reputation as a trusted and valued organisation in the South African business community. Our values drive our performance in this market and include a strong customer orientation, the provision of excellent value for money to customers, as well as the provision of superior customer service. Our family-oriented culture means that we are committed to continuing to build our reputation as a preferred employer. We recognise our employees as a fundamental component of our success and performance. Riken Electric sells its product offering nationally to over 150 electrical wholesalers, 20 Professionally Registered Panel Builders and over 15 Original Equipment Manufacturers.

3.3        Riken Electric has a phenomenal technical team that has a combined wealth of experience and knowledge in the electrical industry of over 150 years, and we see enormous growth potential in the technical advisory services we offer from the technical division. Riken has recently embarked on a Brand reignition strategy, and the logo has been updated to reflect the core values of the brand which we value. Innovation is at the heart of everything we do at Riken Electric. With a forward-thinking approach, we are constantly exploring new technologies and methods to enhance our services and provide our clients with even better solutions. We believe in staying ahead of the curve and are committed to finding innovative ways to meet the evolving needs of our clients and the industry.

3.4         Riken Electric (Pty) Ltd commitment to quality and high standards of assembly in the facility has ensured that we continue to grow the renewable energy and electrical product offering. Riken Electric product is of South Africa origin and all products have international test reports and certification. We have built long standing relationships over the years with both our customers and local South African suppliers.

3.5         If you would like to find out more about us, you may do so by accessing our website at: www.riken.co.za

4 BRANCHES AND DIVISIONS

                We currently operate from two branches:

• Riken Electric Irene (Head Office)
• Riken Electric East London
• Riken Electric Gqeberha
• Riken Electric Cape Town

The Company is also in the process of expanding its footprint and expects to open additional branches in the near future.

5 OUR BOARD OF DIRECTORS

Our directorse:

• Brendyn Meyer CA(SA) (Chief Executive Officer)

Our managers are:

• Kwadwo Boateng (Finance)
• Albert Pienaar (Operations)
• Franza Van Den Heever (Sales and Operations)
• Hannes Schwartz (Technical)

The Management Committee may change from time to time.

6 OUR CONTACT DETAILS

Our general contact details are as follows:

• Street Address: Unit C & D, Guernsey Business Park, 11 Saltus Street, Irene, Gauteng
• Telephone contact number: (012) 804 2226

7 DETAILS OF OUR INFORMATION OFFICER

The details of our Information Officer are as follows:

Information Officer:

Name: Mr Brendy Meyer and Kwadwo Boateng

Address: Unit C & D, Guernsey Business Park, 11 Saltus Street, Irene, Gauteng

Telephone number: (012) 804 2226

Email: info@riken.co.za

8 INFORMATION THAT MAY BE AVAILABLE THROUGH A PAIA REQUEST

8.1         Riken Electric is subject to many laws and regulations, some of which require us to keep certain records. Riken Electric maintains records in the categories and on the subject matters listed below.

8.2         Recording a subject matter or category does not, however, imply that a Request for Access to such Record(s) will be granted. All Requests for Access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA.

8.3         Further, please note that many of the Records held by Riken Electric are those of third parties, such as customers and employees, and we take the protection of third-party confidential information seriously. Requests for Access to these Records will be carefully considered.

Statutory Company Information:

• Incorporation documents
• Memorandum of Incorporation
• Minutes books, Resolutions
• Registers of directors and offices
• Statutory records and returns to relevant authorities
• Records relating to the appointment of directors, auditors, officer bearers.

Financial and Accounting Records:

• Annual Financial Statements
• Accounting Records (inclusive of books of account and asset registers)
• Administrative Records
• Banking Records
• Rental Agreements
• Invoices and Credit Notes
• Lease and Sale Agreements
• Internal and external Audit Reports

Tax Records:

• Custom and Excise Records
• Income Tax Returns and documentation
• PAYE Records
• Regional Services Council Records
• Skills Development Levies Records
• Stamp Duties Records
• UIF and Workmen’s Compensation Records
• Value Added Tax Records

Employee Records:

• CCMA Records
• Company Code of Conduct
• Company Tax Submissions in respect of Employees
• Confidentiality (NDA) Agreements
• Disciplinary Code and Grievance Procedure
• Disciplinary Records and Internal Evaluations
• Employee Personal and Performance Records
• Employment Contracts
• Employment Equity Plan
• Internal Correspondence, Records, Policies and Procedures
• Leave Records
• Training Schedules and Material

 Legal Records:

• Documentation pertaining to litigation or arbitration
• General agreements and contracts
• Licenses, permits and authorisations

Insurance Records:

• Claims Records
• Details of Coverage, Limits, and Insurers
• Insurance Policies

Customer Records and Credit Services:

• Customer Records and Contracts
• Credit Application Forms
• Debtor Records
• Sales Records
• Terms and Conditions of Sale
• Transaction Records
• Supplier / Third Party Records
• Distribution Agreements
• Supplier Contracts
• Terms and Conditions for dealing with Suppliers
• Transaction Records and supporting information
•  

9 LIST OF APPLICABLE LEGISLATION

9.1         Where applicable to the business conducted by Riken Electric, we retain Records which are required in terms of legislation other than PAIA.

9.2         Certain legislation provides that private bodies shall allow certain persons access to specified Records upon request. The legislation may be consulted to establish whether the Requester has a right of access to a Record, other than in terms of the procedure set out in PAIA.

9.3         The following legislation is included, but this is not an exhaustive list:

• Basic Conditions of Employment Act (BCEA)
• Consumer Protection Act (CPA)
• Companies Act
• Electronic Communications and Transactions Act (ECTA)
• Employment Equity Act (EEA)
• Financial Intelligence Centre Act (FICA)
• Income Tax Act
• Labour Relations Act (LRA)
• Occupational Health and Safety Act (OHSA)
• Promotion of Access to Information Act (PAIA)
• Protection of Personal Information Act (POPIA)
• Trademarks Act
• Value Added Tax (VAT) Act

9.4         If you believe that a right of access to a Record exists in terms of legislation other than that listed above, you are required to indicate what legislative right the Request for Access is based on, to allow the Information Officer the opportunity of considering the Request for Access in the light thereof.

10 INFORMATION RELATED TO POPIA
Introduction:

10.1       The Protection of Personal Information Act, 4 of 2013 (POPIA), regulates and controls the Processing, including the collection, use, and transfer of personal information relating to indefinable, living, natural persons and juristic persons.

10.2       Personal information as defined in terms of POPIA includes, but is not limited to, information as follows: name, address, contact details, date of birth, place of birth, identity number, colour, ethnic or social origin, religion, identifying number, passport number, bank details, tax number, financial information, biometric information, personal opinions or views of a person, criminal history, membership of trade union, images by way of CCTV.

10.3       In terms of POPIA, a person (Responsible Party) has a legal duty to collect, use, transfer and destroy (process) another’s (Data Subject’s) personal information (Personal Information) in a lawful, legitimate, and responsible manner and in accordance with the provisions and the Processing conditions set out under POPIA.

How to request your Personal Information under POPIA:

10.4       Requests for personal information under POPIA must be made in accordance with the provisions of PAIA. This process is outlined below.

10.5       If we provide you with your personal information, you have the right to request the correction, deletion, or destruction (“rectification”) of your personal information, on the prescribed form. You may also object to the Processing of your personal information on the prescribed form.

10.6       The prescribed forms are attached to this Manual for your convenience.

Purpose of Processing Personal Information: 

10.7       POPIA provides that personal information may only be processed lawfully and in a reasonable manner that does not infringe upon the Data Subject’s privacy.

10.8       The type of personal information that we process will depend on the purpose for which it is collected. We will disclose the reason the personal information is being collected and will process the personal information for that purpose only.

Description of categories of Data Subjects and Personal Information processed:

10.9       We hold information and Records relating to the following broad categories of data subjects or persons. This information may include the following types of information. This list is not, however, exhaustive.

Clients – Natural persons: name(s); contact details; physical and postal addresses; ID number; date of birth, gender; confidential correspondence. 

Clients – Juristic persons / entities: name(s) of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; authorised signatories; confidential correspondence.

Contracted Service Providers and Suppliers: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; tax related information; authorised signatories; confidential correspondence.

Intermediary / Advisor: Names of contact persons; name of legal entity; physical and postal
address and contact details; registration number; tax related information; authorised signatories.

Potential Personnel / Temporary Staff / Directors / Shareholders / Employees / Employees’ family members: name; ID number; age; gender; marital status; pregnancy; race; language; educational information; financial information; employment history; next of kin; physical and postal address; contact details; criminal behaviour and/or criminal records; medical information.

Website end-users / Application end-users: names, electronic identification data: IP address; log-in data, cookies, electronic localization data; cell phone details, GPS data.

Categories of recipients for purposes of processing personal information:

10.10    We may supply personal Information to these potential recipients:

• Advertisers;
• Management;
• Business partners;
• Customers and clients;
• Employees and temporary employees;
• Contractors, vendors, suppliers, and third-party service providers;
• Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for personal information;
• enforcement agencies or public bodies whom we may engage with to discharge legal and public duties and obligations including SARS, the Department of Labour and the financial sector conduct authorities;
• Courts, administrative or judicial forums, arbitration bodies, statutory commissions, or an ombudsman making a request for personal information or discovery in terms of the applicable rules;
• Anyone making a successful Request for Access in terms of PAIA or POPIA
• Subject to the provisions of POPIA and other relevant legislation, Riken Electric may also share information about a customer’s creditworthiness with any credit bureau.

• We may from time to time have to disclose personal information to other parties as set out

above, including trading partners, agents, auditors, organs of state, regulatory bodies and/or national, provincial, or local government officials, or overseas trading partners or agents, but any such disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing the personal information to, which contractually obliges the recipient of the personal information to comply with strict confidentiality and data security conditions. Personal information may also be disclosed where we have a legal duty or a legal right to do so.

Cross border flows of personal information:

• Riken Electric may from time to time have to disclose a Data Subject’s personal information to other parties, including organs of state, other departments or subsidiaries, product or third party service providers, regulators and or governmental officials, overseas service providers and or agents, but such disclosure will always be subject to an agreement which will be concluded as between the company and the party to whom it is disclosing the Data Subject’s personal information to, which contractually obliges the recipient of this personal information to comply with strict confidentiality and data security conditions. Where personal information and related data is transferred to a country which is situated outside the borders of South Africa, the Data Subject’s personal information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the personal information is bound contractually to a no lesser set of obligations than those imposed by POPIA.

Security Measures:

• Riken Electric will ensure that the Data Subject’s personal information is securely stored

electronically, which for operational reasons, will be accessible to certain categories of authorised persons within the company on a need to know and business basis, save that where appropriate, some of the Data Subject’s personal information may be retained in hard copy and stored securely. Considering the nature, scope, context, and purpose of Processing, Riken Electric shall ensure that appropriate organizational and technical measures are implemented to safeguard the confidentiality, integrity, and security of personal information against unlawful access and against accidental loss, destruction or damage as prescribed by POPIA.

• The security measures implemented to secure against unauthorized processing or access

may include (but are not necessarily limited to):-

• Firewalls, authentication software, intrusion detection systems, unique user profiles,
  encryption;
• Anti – Virus software and update protocols;
• Physical access control, alarm systems, biometric access barriers, video monitoring;
• Secure setup of hardware and software making up our information technology

infrastructure; and

• Outsourced service providers who are contracted to implement security controls.
•  

11 REQUEST PROCEDURE

Completion of the prescribed form:

11.1       Any request for access to a record from a public body in terms of PAIA must substantially correspond with the form attached hereto marked Appendix A: Request for access to record of private body in terms of Section 53(1) of PAIA [Regulation 10].

11.2       A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.

Payment of the prescribed fees

11.3       A Fee may be payable, depending on the type of information requested, as described under Appendix B: Fees in respect of private bodies.

11.4       There are two categories of fees which are payable:

• The request fee: R50
• The access fee: This is calculated by taking into account reproduction costs, search

and preparation costs, as well as postal costs.

11.5       Section 54 of PAIA entitles Riken Electric to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.

11.6       Where a decision to grant a request has been taken, the record will not be disclosed until the
necessary fees have been paid in full.

11.7       POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, Riken Electric must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee

11.8       Notwithstanding the above, POPIA provides that a data subject may, upon proof of identity, request that Riken Electric confirm, free of charge, all the information it holds about the data subject themselves, and may request access to such information, including information about the identity of third parties who have or have had access to such information.

12 OBJECTION

12.1       POPIA provides that a data subject may object, at any time, to the processing of personal

Information by Riken Electric, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing.

12.2       The data subject must complete the prescribed form attached hereto as Appendix C: Objection to the processing of personal information in terms of section 11(3) of POPIA [Regulation 2] and submit it to the Information Officer at the postal or physical address, or electronic mail address set out above.

13 CORRECTION

13.1       A data subject may also submit a request to Riken Electric to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or to destroy or delete a record of personal information about the data subject that Riken Electric  is no longer authorised to retain records of in terms of POPIA’s retention and restriction of records provisions.

13.2       A data subject that wishes to request a correction or deletion of personal information or the
destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, or electronic mail address set out above on the form attached hereto as Appendix D: Request for correction or deletion of personal
information or destroying or deletion of record of personal information in terms of section 24(1) of POPIA [Regulation 3]

14 PROOF OF IDENTITY

Proof of identity is required to authenticate your identity and the request. You will, in addition to the prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document, alternatively another legal form of identity.

15 TIMELINES FOR CONSIDERATION OF A REQUEST FOR ACCESS

Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed. Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.

16 GROUNDS FOR REFUSAL OF ACCESS AND PROTECTION OF INFORMATION

16.1       There are various grounds upon which a request for access to a record may be refused. These grounds include:

• the protection of personal information of a third person (who is a natural person) from

unreasonable disclosure;

• the protection of the commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
• in instances where disclosure would result in the breach of a duty of confidence owed to a third party;
• where disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
• if the record was produced during legal proceedings, unless that legal privilege has been waived;
• if the record contains trade secrets, financial or sensitive information or any information that would put Riken Electric at a disadvantage in negotiations or prejudice it in commercial competition; and/or
• if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Riken Electric.
• Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it

would reveal:

• a substantial contravention of, or failure to comply with the law; or
• there is an imminent and serious public safety or environmental risk; and
• the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.

• If the request for access to information affects a third party, then such third party must first

be informed within 21 (twenty-one) days of receipt of the request. The third party would then have a further 21 (twenty-one) days to make representations and/or submissions regarding the granting of access to the record.

17 REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS

17.1       If the Information Officer decides to grant a requester access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.

17.2       In the event that a requester is denied access to a particular record, there is an appeal procedure that may be followed after a request to access information has been
refused, which will be described in the correspondence addressed to you by the Information Officer.

17.3       In the event that you are not satisfied with the outcome of the appeal, you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.

17.4       Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.

18 APPENDICES

Appendix A: Request for Access to Record (Form 3)

Appendix B: PAIA – Outcome of request and of fees payable (Form 2)

Appendix C: Objection to the Processing of Personal Information in terms of Section 11(3) of the Protection of Personal Information Act No. 4 of 2013 and the Regulations relating to the Protection of Personal Information, 2017 [Regulation 2(1)] – POPIA Form 1

Appendix D: Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information in term of Section 24(1) of the Protection of Personal Information Act No. 4 of 2013 and the Regulations relating to the Protection of Personal Information, 2017 [Regulation 3(2)] – POPIA Form 2

Appendix A

Request for Access to Record

(Form 3) 

Appendix B

PAIA – Outcome of request and of fees payable

(Form 2)

Appendix C

Objection to the Processing of Personal Information

in terms of Section 11(3) of the Protection of Personal Information Act No. 4 of 2013 and the Regulations relating to the Protection of Personal Information, 2017 [Regulation 2(1)]

(POPIA Form 1)

Appendix D

Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information

in term of Section 24(1) of the Protection of Personal Information Act No. 4 of 2013 and the Regulations relating to the Protection of Personal Information, 2017 [Regulation 3(2)]

(POPIA Form 2)