Phakwe Mining Services (Pty) Ltd and Others v Member of the Companies Tribunal and Others (75463/16A) [2018] ZAGPPHC 210 (16 April 2018)

Phakwe Mining Services (Pty) Ltd and Others v Member of the Companies Tribunal and Others (75463/16A) [2018] ZAGPPHC 210 (16 April 2018)

The court held that the Tribunal's ruling that the third respondent 'appears to be a shareholder' was a prima facie finding, not a final determination, as no evidence regarding the securities register was presented. Even if the finding were final, the applicants had an internal remedy available under Regulation 142 of the Companies Regulations to apply to the Tribunal to vary or rescind the decision. The applicants should have exhausted this remedy before seeking judicial review. The application was therefore dismissed.

Citation
[2018] ZAGPPHC 210
Parties
Applicant: Phakwe Mining Services (Pty) Ltd; Applicant: Tommy Maboe; Applicant: Jan Johannes Jakobus Greyvenstein; Respondent: Member of the Companies Tribunal; Respondent: Companies Tribunal of South Africa; Respondent: Maboe Transport CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 April 2018
Case Number
75463/16A
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Louw
Legal Topics
Companies Act 71 of 2008, Shareholder Definition, Locus Standi, Internal Remedies, Securities Register
Commercial and Corporate Companies Act 71 of 2008 Shareholder Definition Locus Standi Internal Remedies Securities Register

Case Brief

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Parties

Phakwe Mining Services (Pty) Ltd

Applicant

Tommy Maboe

Applicant

Jan Johannes Jakobus Greyvenstein

Applicant

Member of the Companies Tribunal

Respondent

Companies Tribunal of South Africa

Respondent

Maboe Transport CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the third respondent had locus standi as a shareholder to bring the application before the Companies Tribunal.
  2. 2 Whether the ruling of the Companies Tribunal on shareholder status was final and reviewable.
  3. 3 Whether the applicants were required to exhaust internal remedies before approaching the court.

Ratio Decidendi

The court held that the Tribunal's ruling that the third respondent 'appears to be a shareholder' was a prima facie finding, not a final determination, as no evidence regarding the securities register was presented. Even if the finding were final, the applicants had an internal remedy available under Regulation 142 of the Companies Regulations to apply to the Tribunal to vary or rescind the decision. The applicants should have exhausted this remedy before seeking judicial review. The application was therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.