06 Jul 2017

Public access and inspection of companies’ records under the custody of the Companies and Intellectual Property Authority (CIPA) is a legal requirement and obligation as it is provided for in the Companies Act.

This was said the Minister of Investment, Trade and Industry Mt Vincent Seretse in Parliament on July 4 .

Mr Seretse, who was responding to a question by MP Dithapelo Keorapetse of Selebi Phikwe West, said any action by CIPA which contracted this obligation, would be a violation of both the Companies Act and the Companies and Intellectual Property Authority Act.

He said for this reason, CIPA would never have any reason to seal files and deny the public access to company records that have been lodged with it.

Although there are instances where files would not be located upon request due to misplacement, he said CIPA has never received any instruction to seal files, and as such continues to carry out its legal responsibility to avail information to the general public upon request, to the best f its ability.

Minister Seretse said CIPA did not provide information on individuals but on companies and their ownership, adding that it is also not privy to the nature of business being carried out by registered companies and business names, as there is currently no legal requirement to indicate such to it, either during or post-incorporation.

MP Keorapetse had asked the minister to explain on whose instruction the Registrar of Companies had sealed files and denied public access to documents on the current shareholding, company information and public information documents relating to various companies commonly used for military procurement in Botswana on the grounds of national security.

He also wanted to know on whose instruction CIPA has sealed files and denied public access to documents on specific individuals’ current shareholding, company information and public information documents relating to their involvement in various companies commonly used for military procurement in Botswana on the same grounds. ENDS