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SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008
Mini Dissertation
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613648579461120 |
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| access_status_str | Open Access |
| author2 | Scott, Tshepiso |
| author_browse | Scott, Tshepiso |
| author_facet | Scott, Tshepiso |
| collection | Thesis |
| dc_rights_str_mv | © 2022 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 |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/83542 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:29.475Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| 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:2263/83542 SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 Scott, Tshepiso u14015821@tuks.co.za LABUSCHAGNE, FJ YUSUFF, ABIOLA OLUWAYEMISI UCTD Law The companies Act Abuse of shareholding Mini Dissertation The abuse of shareholding power in the interplay of company governance becomes a topic for academic discourse, especially where this research reveals that some of the statutory remedies apply ex post facto. It becomes questionable whether these remedies are sufficient to assist minority shareholders, or salvage certain losses which they may suffer in the circumstances. Basically, a company’s governance is anchored by its separate juristic personality. A company is governed by its constituent members, which are the board of directors and shareholders. Hence, shareholding is key in company governance. In practice, the shareholding capacity acts as a major tool of governance and control in a company. Besides, contemporary realities have shown that it is possible for majority shareholders to hold a dual position of power in a company, both as directors and controlling shareholders, which may give rise to abuse if not properly managed. In the interplay of shareholder governance, the interest of minority shareholders may be susceptible to prejudice and abuse. Such abuse may manifest in circumstances where controlling shareholders tyrannically use their shareholding power to influence decisions of the company. Thus, the abuse of shareholding power becomes inevitable where there are no proper checks and balances defining rights, duties and limitations of powers amongst the different players in company governance. This research looks at the remedies in sections 163, 164 and 165 of the Companies Act 71 of 2008. The study evaluates whether these sections provide adequate minority protection against the abuse of shareholding power by majority shareholders in the interplay of company governance. It becomes problematic if the provisions of sections 163 to 165 of the Companies Act 71 of 2008 are insufficient to protect minority shareholders’ interest in the interplay of company governance. Therefore, these remedies are evaluated with an aim to establish whether they are preventive mechanisms, or they provide sufficient cure in their approach. This dissertation recommends alternative ways to curb the abuse of shareholding power in the interplay of company governance. NONE LLM (Mercantile Law) LLM (Mercantile Law) Unrestricted 2022-02-01T08:20:03Z 2022-02-01T08:20:03Z 2022 2021 Mini Dissertation * A2022 http://hdl.handle.net/2263/83542 en © 2022 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 Law The companies Act Abuse of shareholding SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title | SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title_full | SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title_fullStr | SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title_full_unstemmed | SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title_short | SHAREHOLDERS' GOVERNANCE AND ABUSE OF SHAREHOLDING: REMEDIES IN TERMS OF THE COMPANIES ACT 71 OF 2008 |
| title_sort | shareholders governance and abuse of shareholding remedies in terms of the companies act 71 of 2008 |
| topic | UCTD Law The companies Act Abuse of shareholding |
| url | http://hdl.handle.net/2263/83542 |