Leslie and Another v La Lucia Sands Shareblock Ltd and Another (13827/06) [2009] ZAKZDHC 35 (15 September 2009)

Leslie and Another v La Lucia Sands Shareblock Ltd and Another (13827/06) [2009] ZAKZDHC 35 (15 September 2009)

The court held that section 113 of the Companies Act confers an unqualified right on any person to access the register of members of a company, including shareblock companies. The motives of the applicants for seeking access are irrelevant to the exercise of this statutory right. The respondents' refusal to provide full access to the register, including addresses, was unlawful. The right to privacy of members does not extend to information required to be disclosed by statute in the register, and any limitation of privacy in this context is justified. The Promotion of Access to Information Act does not override or displace the statutory right under section 113, as there is no material...

Citation
[2009] ZAKZDHC 35
Parties
Applicant: Howard Leslie Barkhan; Applicant: Errol Maxwell Glasser; Respondent: La Lucia Sands Shareblock Limited; Respondent: John Paul Gerard Lentz; Respondent: George Wolfe; Respondent: Jeanne Parker; Respondent: Patrick Michael Collins; Respondent: Minister of Trade and Industry
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
15 September 2009
Case Number
13827/06
Procedural Posture
Urgent Application / Application for Access to Company Register Under Section 113 of the Companies Act
Outcome
Application granted. The applicants are entitled to access the register of members of the first respondent as provided by section 113 of the Companies Act.
Judges
Van Zÿl
Legal Topics
Company Register Access, Shareblock Scheme, Right to Information, Privacy Limitation, Costs Order
Commercial and Corporate Civil Procedure Company Register Access Shareblock Scheme Right to Information Privacy Limitation Costs Order

Case Brief

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Parties

Howard Leslie Barkhan

Applicant

Errol Maxwell Glasser

Applicant

La Lucia Sands Shareblock Limited

Respondent

John Paul Gerard Lentz

Respondent

George Wolfe

Respondent

Jeanne Parker

Respondent

Patrick Michael Collins

Respondent

Minister of Trade and Industry

Respondent

Procedural Posture

Urgent Application / Application for Access to Company Register Under Section 113 of the Companies Act

Legal Issues

  1. 1 Whether the applicants are entitled to access the register of members of the first respondent under section 113 of the Companies Act.
  2. 2 Whether the respondents' refusal to provide full access to the register is lawful.
  3. 3 Whether the right to privacy of members justifies limiting access to the register.

Ratio Decidendi

The court held that section 113 of the Companies Act confers an unqualified right on any person to access the register of members of a company, including shareblock companies. The motives of the applicants for seeking access are irrelevant to the exercise of this statutory right. The respondents' refusal to provide full access to the register, including addresses, was unlawful. The right to privacy of members does not extend to information required to be disclosed by statute in the register, and any limitation of privacy in this context is justified. The Promotion of Access to Information Act does not override or displace the statutory right under section 113, as there is no material...

Court Disposition

Application granted. The applicants are entitled to access the register of members of the first respondent as provided by section 113 of the Companies Act.

Orders

  • The first respondent is directed to provide photocopies of all the pages/folios constituting its register of members to the applicants' attorneys of record by no later than five days from the date of service of the order.
  • Alternatively, the first respondent is directed by no later than five days from the date of service of the order to make its register of members available for inspection by the applicants' attorneys of record.