BHAM & DAHYA ATTORNEYS MANUAL

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

1. Contact Details

Information Officer: Mrs S Jhetam
Postal address: PO Box 855, Benoni, 1500
Physical address: 9 Lakeside Place, Kleinfontein Office Park, Pioneer Drive ,Benoni,1500
Telephone number: (011) 422 5380
Fax number: (011) 421 3185

2. Guide

This is in the process of being compiled by the Human Rights Commission.

3. Section 52 (2) Notice

Not applicable.

4. 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 therefor.

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 employeeÍs 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.

5. Records held by Bham & Dahya Attorneys

The following is a list of the documents held by Bham & Dahya Attorneys. 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; Bham & Dahya Attorneys Pension Fund documentation; Bham & Dahya Attorneys Retirement Plan documentation; Bham & Dahya Attorneys Group Life Scheme documentation; Medical Aid scheme 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.

6. Prescribed Information

Not presently applicable.

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