Letsobana v Africabin Building Systems (Pty) Ltd (52790/2021) [2022] ZAGPJHC 368 (10 May 2022)

Letsobana v Africabin Building Systems (Pty) Ltd (52790/2021) [2022] ZAGPJHC 368 (10 May 2022)

The applicant, as a shareholder and director, has a statutory right under section 26 of the Companies Act to access certain company records, specifically those listed in section 26(1). The court found that the applicant's request for records beyond those enumerated in section 26 was not supported by the Act. The...

Source-derived case information.

Citation
[2022] ZAGPJHC 368
Parties
Applicant: Mogaladi Petunia Letsobana; Respondent: Africabin Building Systems Proprietary Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 May 2022
Case Number
52790/2021
Procedural Posture
Civil Application / Opposed Motion for Access to Company Records Under Section 26 of the Companies Act
Outcome
Application partially granted. The respondent is ordered to provide the applicant with access to specified company records under section 26 of the Companies Act. Each party to pay their own costs.
Judges
Oosthuizen-Senekal CSP
Legal Topics
Companies Act Section 26, Access to Company Records, Shareholder Rights, Promotion of Access to Information Act, Costs Award
Commercial and Corporate Civil Procedure Companies Act Section 26 Access to Company Records Shareholder Rights Promotion of Access to Information Act Costs Award

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Mogaladi Petunia Letsobana

Applicant

Africabin Building Systems Proprietary Limited

Respondent

Procedural Posture

Civil Application / Opposed Motion for Access to Company Records Under Section 26 of the Companies Act

Legal Issues

  1. 1 Whether the applicant, as a shareholder and director, is entitled to access the requested company records under section 26 of the Companies Act.
  2. 2 Whether the applicant can rely on the Promotion of Access to Information Act (PAJA) as an alternative basis for access.
  3. 3 Which specific records are covered by the right of access under section 26 of the Companies Act.

Ratio Decidendi

The applicant, as a shareholder and director, has a statutory right under section 26 of the Companies Act to access certain company records, specifically those listed in section 26(1). The court found that the applicant's request for records beyond those enumerated in section 26 was not supported by the Act. The applicant's reliance on PAJA was rejected because she did not comply with its procedural requirements, and her notices were framed solely under the Companies Act. The respondent is obliged to provide the records specified in section 26, but not the additional documents sought. Given the circumstances and the conduct of both parties, the court exercised its discretion to order that...

Court Disposition

Application partially granted. The respondent is ordered to provide the applicant with access to specified company records under section 26 of the Companies Act. Each party to pay their own costs.

Orders

  • The respondent is ordered to comply with the applicant's notice in terms of section 26 of the Companies Act 71 of 2008 dated 21 September 2021 and Form CoR 24 dated 11 October 2021 by providing, within five days, the following records for the past seven years: (1) reports of annual meetings and annual financial...
  • Each party to pay their own costs.