Omega, a trading trust, started doing business on 1 March 1998. The trustees of Omega are Gerhardus Francois Janse van Rensburg (hereafter called vR) and Jan Frederick Olivier van Zyl (hereafter called vZ). vR said they started in October 1996 with extensive enquiries to ensure that their proposed business would be legal. vR reiterated this statement on 5 January 1999 and added that there was "...nothing in writing that we could work on". There are eight regional branches of Omega, located in Johannesburg, Nelspruit, Klerksdorp, Vereeniging, Rustenburg, Middelburg, Mossel Bay and Durban. Omega identified 31 regions where it intends establishing a local presence.

Another relevant entity is Omega Power Marketing CC (97/22391/23, hereafter called OPM). The members of OPM are vR and vZ. The national "director" of OPM is Mr. E Hattingh (Hattingh). Two regional "directors" report to Hattingh. By December 1 998 there were eight marketing "directors" and this number, according to vR will eventually be increased to nine, one for each of South Africa's provinces. The marketing "directors" report to the regional "directors" and national "director" in turn reports to vR and vZ. The marketing "directors" manage ±50 marketing managers. The marketing "directors" and the marketing managers are remunerated on a commission basis only. Hattingh, the national director, is paid a salary and a commission by Omega.