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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 7 : Remedies and Enforcement

Part A : General principles

156. Alternative procedures for addressing complaints or securing rights

 

 

A person referred to in section 157(1) may seek to address an alleged contravention of this Act, or to enforce any provision of, or right in terms of this Act, a company’s Memorandum of Incorporation or rules, or a transaction or agreement contemplated in this Act, the company’s Memorandum of Incorporation or rules, by—

a) attempting to resolve any dispute with or within a company through alternative dispute resolution in accordance with Part C of this Chapter;
b) applying to the Companies Tribunal for adjudication in respect of any matter for which such an application is permitted in terms of this Act;
c) applying for appropriate relief to the division of the High Court that has jurisdiction over the matter; or
d) filing a complaint in accordance with Part D of this Chapter within the time permitted by section 219 with—
i) the Panel, if the complaint concerns a matter within its jurisdiction; or
ii) the Commission in respect of any matter arising in terms of this Act, other than a matter contemplated in subparagraph (i).