Singh and Others v Companies and Intellectual Property Commission and Others (822/2018)
Singh and Others v Companies and Intellectual Property Commission and Others (822/2018) [2019] ZASCA 69; 2019 (5) SA 432 (SCA) (30 May 2019)
The Supreme Court of Appeal held that the Companies and Intellectual Property Commission was empowered to investigate the complaint regarding the alleged fraudulent removal of a director. The complaint was not time barred, as the obligation to maintain accurate company records is ongoing and the failure to correct inaccuracies constitutes a continuing omission under section 219(1)(a) of the Companies Act. Pending civil litigation did not preclude the Commission's investigation, as the litigation was contractual and not based on the Companies Act. The Commission's actions were rational and law…
Source excerpt
- Companies Act 2008
- Jurisdiction Of Statutory Commission
- Prescription Of Complaints
- Fraudulent Removal Of Director
- Review Of Administrative Action