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

Chapter 7 : Remedies and Enforcement

Part A : General principles

158. Remedies to promote purpose of Act

 

 

When determining a matter brought before it in terms of this Act, or making an order contemplated in this Act—

a) a court must develop the common law as necessary to improve the realisation and enjoyment of rights established by this Act; and
b) the Commission, the Panel, the Companies Tribunal or a court—
i) must promote the spirit, purpose and objects of this Act; and
ii) if any provision of this Act, or other document in terms of this Act, read in its context, can be reasonably construed to have more than one meaning, must prefer the meaning that best promotes the spirit and purpose of this Act, and will best improve the realisation and enjoyment of rights.