La Lucia Sands Share Block Ltd and Others v Barkhan and Others (37/2010)
La Lucia Sands Share Block Ltd and Others v Barkhan and Others (37/2010) [2010] ZASCA 132; 2010 (6) SA 421 (SCA) ; [2011] 2 All SA 26 (SCA) (1 October 2010)
The Supreme Court of Appeal held that section 113 of the Companies Act provides a clear statutory right for any person, including non-members, to inspect and obtain copies of a company's register of members. The company cannot require the requester to provide reasons, and the right is not limited unless the request is for an unlawful purpose, which was not established in this case. The argument that share block schemes deserve greater privacy protection was rejected, as the statutory provisions apply equally. The constitutional challenge to section 113 was abandoned, and the court reaffirmed…
Source excerpt
- Register Of Members Inspection
- Companies Act Section 113
- Share Block Schemes
- Right Of Access To Information
- Constitutional Right To Privacy
- Costs In Constitutional Litigation