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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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| _version_ | 1867613442351824896 |
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| access_status_str | Open Access |
| author | Gitonga, Anthony M |
| author2 | Mongalo, Tshepo |
| author_browse | Gitonga, Anthony M Mongalo, Tshepo |
| author_facet | Mongalo, Tshepo Gitonga, Anthony M |
| author_sort | Gitonga, Anthony M |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43112 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:36:12.946Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43112 Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 Gitonga, Anthony M Mongalo, Tshepo Commercial Law 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. 2026-04-22T09:36:36Z 2026-04-22T09:36:36Z 2009 2026-04-22T09:30:35Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43112 en eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Gitonga, Anthony M Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| thesis_degree_str | Master's |
| title | Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| title_full | Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| title_fullStr | Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| title_full_unstemmed | Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| title_short | Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 |
| title_sort | is the little man finally protected an exploration of minority shareholder protection in south africa under the companies act of 2008 |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/43112 |
| work_keys_str_mv | AT gitongaanthonym isthelittlemanfinallyprotectedanexplorationofminorityshareholderprotectioninsouthafricaunderthecompaniesactof2008 |