Communicare and Others v Khan and Another (12/2012)
Communicare and Others v Khan and Another (12/2012) [2012] ZASCA 180; 2013 (4) SA 482 (SCA) (29 November 2012)
The Supreme Court of Appeal held that the right of members to vote at annual general meetings for the election of directors is a personal right, not a corporate right. The exclusion of retiring directors from voting was contrary to article 15 of the articles of association, which envisaged a seamless transition of directorships and did not require directors to vacate their membership status before the election. The court found that the respondents had locus standi to challenge the validity of the resolutions, as their voting rights were adversely affected by the exclusion of eligible voters.…
Source excerpt
- Company Articles Of Association
- Members Rights
- Locus Standi
- Election Of Directors