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South Africa Case Law

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Commercial And Corporate [2017] ZAWCHC 104

Pretorius and Another v PB Meat (Pty) Ltd and Another (1057/2013)

Pretorius and Another v PB Meat (Pty) Ltd and Another (1057/2013) [2017] ZAWCHC 104 (14 June 2017)

The court held that the applicants, in their capacities as directors, were not entitled to the requested documents as of right, since their purpose was not to manage the affairs of the company but to defend themselves against removal. The specificity requirement under section 71(4)(a) of the Companies Act was interpreted to mean that the company must provide sufficiently detailed reasons to enable the directors to mount a response, but not to require the production of all underlying documents or a full forensic audit. The applicants had been provided with the telephone recordings and particul…

  • Removal Of Directors
  • Access To Company Records
  • Promotion Of Access To Information Act
  • Procedural Fairness
  • Sensitive Commercial Information
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