The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. The effect of an order of delinquency is...

In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties to the company after he had resigned, and if so, whether he could...

In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties to the company after he had resigned, and if so, whether he could...

Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive) director’s independence. Director tenure has recently come under the spotlight in South Africa. Shareholder activists are expressing...

The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. The effect of an order of delinquency is...

This article critically analyses a controversial decision of the South African Supreme Court of Appeal, in which the court was faced with the troublesome prohibition against the giving of financial assistance for the shares of a company contained in s 38 of the Companies Act of 1973. We submit...

This article examines when it would be appropriate to hold a former director accountable for the appropriation of corporate opportunities which take place after his resignation from a company. It identifies and discusses various principles which may be deduced from the common-law jurisprudence...

The case of Lewis Group Limited v Woollam (2016 JDR 1861 (WCC)) dealt with an application brought by Lewis Group Limited in terms of section 165(3) of the Companies Act 71 of 2008 for an order setting aside a demand served on it by a shareholder, Mr David Woollam, on the ground that it was...

The case of SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289 deals with the removal of directors of state-owned companies and to the constitutionality and lawfulness of the powers excised by the Minister of...

Both sections 71(3) and 163 of the Companies Act 71 of 2008 are innovative in South African company law in that the former section permits the board of directors to remove a fellow director from office, while the latter section extends the oppression remedy to directors. Previously, under the...