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

Chapter 8 : Regulatory Agencies and Administration of Act

Part B : Companies Tribunal

193. Establishment of Companies Tribunal

 

 

1) There is hereby established a juristic person to be known as the Companies Tribunal, which—
a) has jurisdiction throughout the Republic;
b) is independent, and subject only to the Constitution and the law;
c) must exercise its functions in accordance with this Act; and
d) must perform its functions impartially and without fear, favour, or prejudice, and in as transparent a manner as is appropriate having regard to the nature of the specific function.

 

2) Each organ of state must assist the Companies Tribunal to maintain its independence and impartiality, and to perform its functions effectively.

 

3) In carrying out its functions, the Companies Tribunal may—
a) have regard to international developments in the field of company law; or
b) consult any person, organisation or institution with regard to any matter.

 

4) The Companies Tribunal consists of a chairperson and not less than 10 other women or men appointed by the Minister, on a full or part-time basis.