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Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008
The position of the minority shareholder is not an enviable one due to the fact that his rights and interests are at the disposal of the majority. This general principle is set out in the rule in Foss v. Harbottle, which has proved a formidable obstacle to relief. It elaborates that only the company...
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| Format: | Thesis |
| Language: | English English |
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Department of Commercial Law
2026
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| Summary: | The position of the minority shareholder is not an enviable one due to the fact that his rights and interests are at the disposal of the majority. This general principle is set out in the rule in Foss v. Harbottle, which has proved a formidable obstacle to relief. It elaborates that only the company can bring proceedings for wrongs done to the company. The company is a legal person distinct from its shareholders. It follows that a wrong to the company is a not a wrong to each shareholder. |
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