RELIEF FROM OPPRESSIVE OR PREJUDICIAL CONDUCT IN TERMS OF THE OPPRESSION REMEDY PROVIDED FOR IN TERMS OF SECTION 163 OF THE COMPANIES ACT NO. 71 OF 2008
Background: Section 163 of the Companies Act No. 71 of 2008 (“Companies Act”) contains provisions regarded as the ‘oppression remedy’ which can be utilised by both shareholders and directors of a company. Section 163 of the Companies Act provides, in broad terms,...
THE CONSEQUENCE OF NON-COMPLIANCE: UNDERSTANDING THE PENALTIES FOR VIOLATING THE PROTECTION OF PERSONAL INFORMATION ACT NO 4 OF 2013
In an increasingly interconnected world, the protection of personal information has become a paramount concern for individuals, businesses, and governments alike. By recognising the importance of safeguarding sensitive personal information and upholding the right to...
THE DUTY OF DIRECTORS OF A COMPANY TOWARDS THIRD PARTIES
Background: Prior to the introduction of the Companies Act No 71 of 2008 (“Companies Act”), duties pertaining to the directors (“Fiduciary Duties”) were governed by South African common law (“Common Law”). The Common Law stipulates that the directors must always act...