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An analysis of the oppression remedy under the South African companies legislation
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613712744972288 |
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| access_status_str | Open Access |
| author2 | Cassim, Fatima |
| author_browse | Cassim, Fatima |
| author_facet | Cassim, Fatima |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69878 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:30.710Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69878 An analysis of the oppression remedy under the South African companies legislation Cassim, Fatima u26053782@tuks.co.za Barit, Shimon UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. It is trite law that minority shareholders are subordinate to the will of the majority in the company structure. However, the majority may not exercise this power in a manner which is oppressive or unfairly prejudicial to the minority. The statutory oppression remedy was first inserted into the Companies Act 46 of 1926 in an attempt to provide minority shareholders who wanted to exit a company an alternative to making an application for winding up of that company. With the repeal and replacement with the Companies Act 61 of 1973, this provision was widened so as to apply to any fact pattern so long as the minority shareholder had suffered unfair prejudice. Finally, with the implementation of the Companies Act 71 of 2008, the remedy was further widened as to the class of applicants, the alleged conduct suffered, and perhaps with regard to the relief available to reflect the changing attitude toward the oppression remedy in South Africa and in other jurisdictions. This research firstly maps the important development changes between the three different South African acts and discusses whether such development, based on judicial interpretation and academic analysis, is being done in a manner to make this valuable remedy easier for the affected applicants to access. Secondly, the South African remedy has been compared with that in Australia, Canada and England to determine how the remedy follows international consensus and in what way the remedy may be improved with foreign jurisdictions as a goalpost. Mercantile Law LLM Unrestricted 2019-06-02T11:39:21Z 2019-06-02T11:39:21Z 2019/04/04 2019 Mini Dissertation Barit, S 2019, An analysis of the oppression remedy under the South African companies legislation, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69878> A2019 http://hdl.handle.net/2263/69878 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD An analysis of the oppression remedy under the South African companies legislation |
| title | An analysis of the oppression remedy under the South African companies legislation |
| title_full | An analysis of the oppression remedy under the South African companies legislation |
| title_fullStr | An analysis of the oppression remedy under the South African companies legislation |
| title_full_unstemmed | An analysis of the oppression remedy under the South African companies legislation |
| title_short | An analysis of the oppression remedy under the South African companies legislation |
| title_sort | analysis of the oppression remedy under the south african companies legislation |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69878 |