Disclaimer - Publications

Nothing contained in our publications should be construed as legal advice from Blake Bester Inc or its professionals.

These publications are intended, as indicated, to serve as guides. To this end, they contain summaries of the general legal principles applicable to various legal areas of interest, as at the date of publication. Readers should however not place undue reliance on the content of these publications and should seek professional legal advice when required.

Blake Bester Inc, its directors and/or its employees shall not be liable for any loss or damage of whatever nature, arising out of or in connection with the contents of these publications and/or any conduct taken in reliance on the content of these publications.

Terms & Conditions

This is the web site of Blake Bester Inc. The address of Blake Bester Inc for correspondence relating to this web site is at:

4th Floor Rosebank Corner Building

191 Jan Smuts Avenue, Corner Seventh Avenue

Rosebank
Docex 22, Parktown North

All communications regarding this web site should be addressed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Use of this web site is subject to the following terms of use:

The content and design of the web site pages are subject to copyright owned by Blake Bester Inc or used under licence from third party copyright owners. You are welcome to print pages for your personal use but no part of this web site may be reproduced or transmitted for any other purpose.
From time to time this web site may feature content related to the law and legal developments. Such content is intended to provide general guidance only and should not be regarded as a substitute for taking legal advice in relation to your particular circumstances.
Blake Bester Inc has its offices in Rosebank and Roodepoort South Africa. However, content related to the law and legal developments featured on this Web site is based upon the laws of South Africa unless otherwise expressly stated.
From time to time this Web site may also include links to other web sites. These links are provided in order to enhance the interest of other featured content and are not intended to signify that Blake Bester Inc endorses or otherwise has any responsibility for the content of the linked web site.
Your use of this web site and any dispute arising out of the web site is subject to the laws of South Africa. Any dispute arising out of the use or publication of this web site is subject to the exclusive jurisdiction of the courts of South Africa.
This web site is made available for public viewing on the basis that Blake Bester Inc exclude to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of use of this web site or reliance upon the content of this web site
Blake Bester Inc is regulated by the Law Society of South Africa and authorised by the Society to conduct investment business. A list of the partners' names and their professional qualifications is available for inspection at the above office. The partners are solicitors or registered foreign attorneys.

Access to Information 

(Produced in terms of Section 51 of the Promotion of Access to Information Act, 2000)

1. Contact Details

Information Officer:


Postal address:


Physical address:


Telephone number:


Fax number:


Electronic mail address:


2. SECTION 52 (2) NOTICE
Not applicable.

3. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Companies Act 1973

SECTION TO WHOM WHAT RECORD IS AVAILABLE

9
Any person who pays the prescribed fee has the right to inspect and obtain copies of this company's documents lodged at the Companies Registration Office.

67
A company is obliged to send to a member who requests (and makes the necessary payments) a copy of the company's Memorandum and Articles of Association.

113
The register of members of a company is open to inspection by a member or his agent free of charge and by any other person upon payment for inspection. Copies must be furnished where a request has been made for copies and payment tendered therefore.

130
The provisions of section 113 (see above) apply to the registers required to be kept in terms of sections 127 and 128-registers of pledges, cessions, bonds and debentures.

206
Members of a company are entitled to inspect the company's minute books.

240
The provisions of s113 (see above) are to apply to the register of interests in contracts of directors and officers.

286
The directors of a company are obliged to lay the annual financial statements before the annual general meeting of the company.

302
A company has a duty to send its annual financial statements to its members and the Registrar prior to the annual general meeting.

309
A member or debenture holder of a company has the right to be furnished on demand with a copy of the last annual financial statements and provisional annual financial statements and of the last interim report of the company.

Basic Conditions of Employment Act 1997
SECTION TO WHOM WHAT RECORD IS AVAILABLE

29
An employer must supply an employee, when the employee commences employment, with specified particulars (inter alia, the name and address of the employer, the name and address of the employee, the employee's occupation, the place of work, the wages that employee will earn, the deductions that will be made, the rate for overtime work, any cash payments or payments in kind to which the employee is entitled, the leave to which the employee is entitled, the notice period for termination of employment) in writing.

78
Every employee has the right to inspect any record kept in terms of this Act that relates to his employment.

Employment Equity Act 1998
SECTION TO WHOM WHAT RECORD IS AVAILABLE

18
When a designated employer engages in consultation in terms of Chapter 3 of the Act, the employer must disclose to the consulting parties all relevant information that will allow the parties to consult effectively.

41
The Minister of Labour must keep a register of designated employers that have submitted the Employment Equity Plans. The register is a public document.

Labour Relations Act 1995
SECTION TO WHOM WHAT RECORD IS AVAILABLE

16
An employer must disclose to a Trade Union representative all relevant information that will allow the Trade Union representative to perform effectively the functions referred to in S14 (4). Whenever an employer is consulting or bargaining with a representative Trade Union, the employer must disclose to the representative Trade Union all relevant information that will allow the representative Trade Union to engage effectively in consultation or collective bargaining. The employer must notify the Trade Union representative or the representative Trade Union in writing if information disclosed in terms of sub-sections (2) or (3) is confidential. Sub-section (5) excludes certain information from disclosure by the employer.

25
Sub-section (7) provides that the Registrar must provide a certified copy of, or extract from, any of the documents referred to in sub-section (6) to any person who has paid the prescribed fees. Sub-section 6 refers to the auditorÍs report.

83
Regular meetings between the workplace forum and the employer must be held, whereat the employer must present a report on its financial and employment situation, its performance since the last report and its anticipated performance in the short term and in the long term.

89
An employer must disclose to the workplace forum all relevant information that will allow the workplace forum to engage effectively in consultation and joint decision making. Certain information is excluded from disclosure.

90
Any documented information that is required to be disclosed by the employer in terms of S89 must be made available on request to the members of the workplace forum for inspection.

189
The employer must disclose in writing to the other consulting party all relevant information, pertaining to dismissals based on operational requirements.

204
An employer must give a copy of a collective agreement, arbitration award or determination to an employee who has paid the prescribed fee and, free of charge, on request, to an employee who was a Trade Union representative or member of a Workplace Forum.

205
An employer must keep the records that the employer is required to keep in compliance with every applicable collective agreement, arbitration award or determination made in terms of the Wage Act. The employer must submit these records in their original form or in a reproduced form and respond to a demand made at any reasonable time, to any agent of a Bargaining Council, Commissioner or any other person whose functions in terms of this Act include the resolution of disputes. An employer must also keep records of the prescribed details of any strike, lock-out or protest action involving its employees and submit these records in the prescribed manner to the Registrar.

RECORDS HELD BY BLAKE BESTER INC
The following is a list of the documents held by Blake Bester Inc. Access to these documents may be protected by professional privilege privacy or the grounds of refusal detailed in the Act.

CATEGORY
SUBJECT/DESCRIPTION

Incorporation Documents
Memorandum and Articles of Association.

Accounting
Accounts, invoices, reconciliations, credit/debit notes, journals, ledgers, balance sheets, income statements, trial balances, payment schedules, cheque runs, cash flow statements.

Publications
Updates prepared by various departments within the firm. Information booklets on areas of the law in which the firm specialises.

Marketing
Client Proposals, Copies of seminar papers, Copies of various Powerpoint presentations for prospective clients, in-house training, seminars, Copies of advertisements placed by firm, Copies of directory listings placed by firm, Copies of articles written by professional staff, Content for firm's website, Invitation lists for seminars and other formal company functions, internal newsletter, Business card details for professional staff, Marketing database containing details of 2 000 people who are on our mailing list for Publications, General correspondence.

Travel
Members of a company are entitled to inspect the company's minute books.

Stationery/Mail
Order books, Waybills, Invoices, Statements, Record cards of voice recorders and transcribers.

Administration
Minutes of meetings of various committees within the firm; General correspondence; Lease agreements; Copies and correspondence relating to various insurance policies; General correspondence; Workpapers; Operating manuals of mechanical and electrical systems; Architects drawings; Salary workpapers; Copies of and correspondence with regard to office building leases; Correspondence with Law Society; Documentation relating to PABX, Voicemail and security systems, Candidate Attorneys' Board Exams, Candidate Attorneys' Practical Training.

Human Resources
Contracts of employment; Documents relating to remuneration structuring; Job specifications; Format/procedures for advertising positions; Policy documents relating to General Conditions of Employment; Performance evaluations; Employment Equity Plan and reports; Workplace Skills Plan and reports; Personnel files; Loan and Bursary Agreements; Documents relating to disciplinary and grievance procedures; All employment applications; Forms relating to new staff appointments; Vacation employment applications and confidentiality undertakings; Candidate Attorneys' contracts with the Law Society.

Salaries and benefits
Remuneration schedules; Various payroll reports; Workman's Compensation documentation; Blake Bester Inc Provident Fund documentation;

Library material
Law reports, books, publications, reference books, Government Gazettes, precedents, journals.

IT
The network and the systems on it, CD's, stiffies, IT literature, instruction manuals.