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

Chapter 9 : Offences, Miscellaneous Matters and General Provisions

Part B : Miscellaneous matters

218. Civil actions

 

 

1) Subject to any provision in this Act specifically declaring void an agreement, resolution or provision of an agreement, Memorandum of Incorporation, or rules of a company, nothing in this Act renders void any other agreement, resolution or provision of an agreement, Memorandum of Incorporation or rules of a company that is prohibited, voidable or that may be declared unlawful in terms of this Act, unless a court has made a declaration to that effect regarding that agreement, resolution or provision.

 

2) Any person who contravenes any provision of this Act is liable to any other person for any loss or damage suffered by that person as a result of that contravention.

 

3) The provisions of this section do not affect the right to any remedy that a person may otherwise have.