Basson v On-Point Engineers (Pty) Ltd and Others (64107/11) [2012] ZAGPPHC 251 (7 November 2012)

Basson v On-Point Engineers (Pty) Ltd and Others (64107/11) [2012] ZAGPPHC 251 (7 November 2012)

The court found that the applicants, as third parties, were entitled under section 26(2) of the Companies Act, 71 of 2008, to inspect and make copies of the securities registers of the respondent profit companies upon payment of the prescribed fee. The initial lack of authority by the first applicant to act for the second applicant was ratified ex post facto, rendering the proceedings valid. The technical defects in the commissioning of affidavits were not fatal, as there was substantial compliance with the relevant regulations. The respondents' argument that only the register of directors could be inspected under section 26(6) was rejected, as section 26(2) clearly provides for access to...

Citation
[2012] ZAGPPHC 251
Parties
Applicant: Adriaan Jurgens Basson; Applicant: Media 24 Limited; Respondent: On-Point Engineers (Pty) Ltd; Respondent: SL Engineering (Pty) Ltd; Respondent: Gwama Properties
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 November 2012
Case Number
64107/11
Procedural Posture
Civil Application / Final Judgment After Opposed Application
Outcome
Application granted. Respondents ordered to allow inspection and copying of securities registers within five days and to pay costs jointly and severally.
Judges
Potterill
Legal Topics
Companies Act 71 of 2008, Access to Company Records, Securities Register, Ratification of Authority, Constitutional Right of Access to Information, Costs Order
Commercial and Corporate Civil Procedure Constitutional Law Companies Act 71 of 2008 Access to Company Records Securities Register Ratification of Authority Constitutional Right of Access to Information +1 more

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Parties

Adriaan Jurgens Basson

Applicant

Media 24 Limited

Applicant

On-Point Engineers (Pty) Ltd

Respondent

SL Engineering (Pty) Ltd

Respondent

Gwama Properties

Respondent

Procedural Posture

Civil Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicants are entitled to inspect and make copies of the securities registers of the respondent companies under section 26 of the Companies Act, 71 of 2008.
  2. 2 Whether the initial lack of authority by the first applicant to act for the second applicant invalidates the application.
  3. 3 Whether defects in the commissioning of affidavits render the application fatally defective.

Ratio Decidendi

The court found that the applicants, as third parties, were entitled under section 26(2) of the Companies Act, 71 of 2008, to inspect and make copies of the securities registers of the respondent profit companies upon payment of the prescribed fee. The initial lack of authority by the first applicant to act for the second applicant was ratified ex post facto, rendering the proceedings valid. The technical defects in the commissioning of affidavits were not fatal, as there was substantial compliance with the relevant regulations. The respondents' argument that only the register of directors could be inspected under section 26(6) was rejected, as section 26(2) clearly provides for access to...

Court Disposition

Application granted. Respondents ordered to allow inspection and copying of securities registers within five days and to pay costs jointly and severally.

Orders

  • The first, second and third respondents are ordered to allow the applicants or their duly authorised representatives to inspect or make copies of the securities registers of each of the respondents within five days of the date of this order.
  • The respondents are ordered to pay the costs of the application jointly and severally.