An Analysis of Directors’ Fiduciary Duties in the Removal of a Director from Office

This article examines the specific fiduciary duties of directors which apply when the board of directors removes a director from office under section 71(3) of the South African Companies Act 71 of 2008. The consequences of a breach of such duties is also examined, as well as the controversial issue whether an improperly removed director may be reinstated to office. Recommendations are made relating to the fiduciary duties of directors in removing fellow board members from office