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

Chapter 7 : Remedies and Enforcement

Part A : General principles

157. Extended standing to apply for remedies

 

 

1) When, in terms of this Act, an application can be made to, or a matter can be brought before, a court, the Companies Tribunal, the Panel or the Commission, the right to make the application or bring the matter may be exercised by a person
a) directly contemplated in the particular provision of this Act;
b) acting on behalf of a person contemplated in paragraph (a), who cannot act in their own name;
c) acting as a member of, or in the interest of, a group or class of affected persons, or an association acting in the interest of its members; or
d) acting in the public interest, with leave of the court.

 

2) The Commission or the Panel, acting in either case on its own motion and in its absolute discretion, may—
a) commence any proceedings in a court in the name of a person who, when filing a complaint with the Commission or Panel, as the case may be, in respect of the matter giving rise to those proceedings, also made a written request that the Commission or Panel do so; or
b) apply for leave to intervene in any court proceedings arising in terms of this Act, in order to represent any interest that would not otherwise be adequately represented in those proceedings.

 

3) For greater certainty, nothing in this section creates a right of any person to commence any legal proceedings contemplated in section 165(1), other than—
a) on behalf of a person entitled to make a demand in terms of section 165(2); and
b) in the manner set out in section 165.