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

Chapter 7 : Remedies and Enforcement

Part D : Complaints to Commission or Panel

174. Referral of complaints to court

 

 

1) If the Commission or Panel, as the case may be, issues a notice of non-referral in response to a complaint, the complainant concerned may apply to a court for leave to refer the matter directly to the court, but no such complaint may be referred directly to a court in respect of a person who has been excused as a respondent, as contemplated in section 170(1)(a).

 

2) A court—
a) may grant leave contemplated in subsection (1) only if it appears that the applicant has no other remedy available in terms of this Act; and
b) if it grants leave, and after conducting a hearing, determines that the respondent has contravened the Act, may—
i) require the Commission or Executive Director, as the case may be, to issue a compliance notice sufficient to address that contravention; or
ii) make any other order contemplated in this Act that is just and reasonable in the circumstances.