10 Years Celebration
It’s a privilege for me to serve the Companies Tribunal (Tribunal) at the time when it celebrates ten years of existence. Since the Tribunal became fully operational in the 2013/14 financial year, executing its mandate of resolving company disputes speedily for free, it has managed to constantly position itself as an alternative to courts. The Tribunal has dealt with cases involving both big and small companies, saving South Africans millions of Rands. Over the past ten years, we have seen the Tribunal resolving company disputes fairly and without fear, favour or prejudice and in a transparent manner.
In executing the mandate of the Companies Tribunal, over the past ten years, the Tribunal initiated partnership with various stakeholders for mutual benefit, i.e. academia, judiciary, business formations, legal fraternity, chamber of commerce and businesses. Through these partners, we managed to reach out to strategic stakeholders and create awareness about the services of the Companies Tribunal.
In celebrating the ten years of existence, the Companies Tribunal is indebted to the founding Chairperson, the late Adv. Simmy Lebala, SC who ensured the independence and efficiency of the Tribunal in executing it mandate together with the team of Tribunal members. Furthermore, we acknowledge the immense contributions made by both Dr. Mohamed Chicktay, former Chairperson, and Mr. Lindelani Sikhitha, Interim Chairperson, who showed unwavering leadership during their tenure as Chairpersons. Furthermore, we acknowledge the role played by all Tribunal Members since inception, we are proud of the role you played over the last ten years.
On behalf of the Companies Tribunal, we express appreciation to the Minister of Trade, Industry and Competition for the support since inception. In addition, I would like to pay homage to the Tribunal Staff since establishment for their dedication and commitment.
Judge Dennis Davis
Chairperson
First Tribunal members
The Tribunal started operating fully in 2013/14 financial year where employees were appointed to assist Tribunal members who had started adjudicating cases. In its first the six months of its operation in 2012, the Tribunal received a total of 191 cases.
The first group of members (from left to right): Prof. Piet Delport, Khatija Tootla, Khashane Manamela, the late Nomcebo Zondi, Randall Williams, Matshego Ramagaga (Deputy Chairperson), the late Adv Simmy Lebala, SC (former Chairperson), Lucia Gass and Agnes Tsele-Maseloanyane.
First Staff members
These are amongst the first staff members who joined the Tribunal between 2013 and 2014. Out of the ten, only Mr. Simukele Khoza and Mr. Dumisani Mthalane are still working at the Tribunal.
The first staff members (from left to right, back row): Simukele Khoza, Johnny Ndala, Douglas Mokaba, Curtis Mbhalati. Front (from left to right, front row): Tebogo Mputle, Lydia Mabele, Lyla Sadick, Agnes Tsele-Maseloanyane and Nokwazi Nzuza.
First Tribunal seminar
In 2015 the Tribunal hosted its first seminar aimed at raising awareness about its work at Emperors Palace in Johannesburg. The seminar was an information-sharing platform that focussed on key areas of interest identified as part of the implementation of the Companies Act, 2008. Amongst the Key Speakers was Justice Abrey Ledwaba, the then Deputy Judge President of the Gauteng Division of the High Court.
Some of the delegates that attended the first Tribunal seminar
Judge Abrey Ledwaba delivering a speech on Strengthening the culture of resolving dispute through mediation- the new court mediation rules.
The first seminar was a success, it was time to take the Tribunal to the people. The Tribunal later participated at the Education and Awareness workshops in Bronkhorstspruit, Modjadji, Sedibeng and Watville.
Bufalo City Metro Municipality Business Workshop
Tribunal partnered with Buffalo City Metro Municipality (BCMM) and hosted its first public awareness workshop outside Gauteng province, this business workshop attracted business formations, SMMEs and aspiring entrepreneurs in Buffalo City Municipality in the Eastern Cape province.
Some of the delegates who attended the first Tribunal workshop outside Gauteng province
Takeover Regulation Panel Seminar
The Tribunal was invited to present at the Takeover Regulation Panel Seminar in Sandton. It was represented by the then Full-time Tribunal member, Ms Agnes Tsele-Maseloanyane.
Ms Agnes Tsele-Maseloanyane (centre) who presented at the TRP seminar
International Company Law Symposium
The Tribunal participated at the International Company Law Symposium, which was organized by the dtic, it aimed at soliciting views from stakeholders in order to make input towards the Companies Act Amendment Bill.
Members of the Companies Tribunal with professor Tshepo Mongalo at the center
Seminar on the Social and Ethics Committees (SECs)
The dtic and the Tribunal hosted a Seminar to discuss how SECs are implemented in various companies with special emphasis on their impact, more particularly their interaction with communities in which companies operate, contribution to corporate sustainability and their broader functions as stipulated in Regulation 43 of the Companies Act. This was another major seminar the Tribunal participated in, it aimed at encouraging activism and accountability of stakeholders such as labour, consumers and SEC members. It also aimed to enhance and raise awareness about the impact of SECs in South Africa as well as provide inputs towards the development of generic guidelines into how SECs should be implemented. Various experts, NGOs and public and private sector role players are invited to share their experience, knowledge and expertise in the field
Some of the key delegates who participated at the seminar
Nelson Mandela Bay Business Chamber Workshop
The workshop with the Nelson Mandela Bay Chamber (NMBC) was held in Gqeberha, Eastern Cape province in March 2017. The workshop demonstrated the need for the Tribunal raise awareness to stakeholders outside of Gauteng province.
The late Adv. Simmy Lebala, SC addressing Members of the NMBC
Donation of Computer Assets at Magudu Primary School
As part of giving back to communities, the Tribunal donated desktop computers and laptops at Magudu Primary School in Bushbuckridge Local Municipality in Mpumalanga province. This act of goodwill was aimed at ensuring that learners gain knowledge about the use of computers at an early age.
Tribunal Management and staff donating computer assets at Magudu Primary School in Bushbuckridge
eNCA and SABC TV Interview
The country and the world over was engulfed by the scourge of Covid-19 in 2020, the pandemic presented an opportunity for the Tribunal to secure its first TV interviews on eNCA, channel 403 and on SABC TV news channel 404. Then Chairperson, Dr Mohamed Alli Chicktay, conducted the interviews, where he was urging companies to use services of the Companies Tribunal which are quick and free of charge, given the difficulties companies were experiencing during Covid-19.
Former Chairperson (right), Dr Mohamed Chicktay interviewed by Mr Dan Moyane on eNCA
Launch of the Case Management System (CMS)
Another important highlight was the launch of the CMS, to ensure better management of cases and allow clients to file applications online. This meant that Applicants do not have to come to Pretoria to file applications but can do so wherever they are using any portable device. Amongst the benefits of the CMC is; online tracking and review of the case status, effective communication and collaboration between parties and case administrator (Registry team). The CMS became very useful for clients during Covid-19 because of restrictions in relation to physical contact. To view the CMS click here
Seminar on legislative shortcomings in implementing the Tribunal’s mandate
The Tribunal in partnership with the University of Pretoria’s (UP) Department of Mercantile Law hosted a seminar on legislative shortcomings in implementing the Tribunal’s mandate on 5 March 2021 at Gordon’s Institute of Business Science (GIBBS). This was the first seminar of its kind, where majority of the delegates attended virtually to comply with COVID-19 regulations imposed by the Government. It was aimed at engaging stakeholders on amongst others; practical problems relating to adjudication and the alternative dispute resolution functions of the Companies Tribunal. Speakers comprised of company law heavy weights like Dr Mohamed Alli Chicktay, former Tribunal’s Chairperson, Prof Munyai, UP’s HOD for Mercantile Law, Prof Michael Katz from ENS Africa, Prof Piet Delport, Prof Boraine, Dr Labuschagne, Dr van Wyk, Dr Scott, all from UP and Matshego Ramagaga the veteran Attorney and former Tribunal member.
Some of the delegates who attended the seminar physically
Farewell to Tribunal members
We bid farewell to our former Chairperson, Dr Mohamed Chicktay, whose term came to an end together with other Tribunal members who served the Tribunal since inception. These members were, Ms Matshego Ramagaga, Ms Lucia Glass, Ms Khatija Tootla, Prof. Piet Delport and Mr Khashane Manamela. They served the Tribunal with distinction and left behind a great legacy. Mr Lindelani was appointed as interim Chairperson.
Former Tribunal members (from left to right): Adv Ishara Bodasing, Lindelani Sikhitha, Lucia Glass, Matshego Ramagaga and Khatija Tootla
Judge Dennis Davis appointed Chairperson of the Companies Tribunal
Later in 2022, Minister of Trade, Industry and Competition, Mr Ebrahim Patel appointed Judge Dennis Davis Chairperson of the Tribunal, Ms. Mina Tong-Mongalo, his Deputy Chairperson together with nine other members.
New Tribunal members who were appointed in 2022
The financial year 2023/24 saw an increase in the number of public awareness campaigns the Tribunal participated in. These include amongst others, exhibiting at major events like Buy Local Summit in Sandton, BRICS TIKZN Tradeshow in Durban, Rand Easter Show, Implementation and operationalization of the African Continental Free Trade Area (AFCFTA) Agreement workshops in various provinces.
Signing of collaboration framework with the University of Pretoria
MR LINDELANI SIKHITHA
Mr Sikhitha was appointed as interim Chairperson for a period of six months starting from April 2022. Before this appointment he had been a member of the Tribunal since March 2017.
Mr Lindelani Sikhitha is a practicing attorney and Managing Director of Sikhitha Daniels and Associates Incorporated. He is also a director in various companies, including, SDA Group Holdings, SDA A2Z Professional Consulting, SDA Group Logistics and Lindansik Constructions Works to mention just a few.
DR. MOHAMED CHICKTAY
Dr. Chicktay was the Chairperson from 2017 until 2022 and is currently serving as a Tribunal member. He is an academic at Wits University where he lectures Alternative Dispute Resolution, Labour Law, Commercial law, Business Enterprise Law and Constitutional Law. He was admitted as an Advocate in 1999. He also studied mediation and negotiations and was a visiting Researcher at Harvard Law.
He published extensively in accredited South African and International Law Journals. He presented conference papers in a number of countries including India, Malaysia, Greece, England and South Africa. He co-authored a number of books including Mediation, Negotiation and Arbitration – a practical guide to Dispute Resolution in 2014 and Appropriate Dispute Resolution in 2015.
ADV. SIMMY LEBALA, SC
The late Adv. Lebala, SC was appointed as the first Chairperson in 2012. He was a Senior Councel and member of the Pretoria Society of Advocates. He was also a member of the Silk Committee of the Pretoria Society of Advocates and examiner of the Civil Trials paper of the General Council of the Society of Advocates of SA (“GCB”). His contribution cannot be forgotten and may he continue to rest in eternal peace.
Here are some of the big cases that attracted interest from the mainstream media and the public:
YWBN MUTUAL BANK RULING
This was an application brought by YWBN mutual bank in terms of Section 172 of the Companies Act (the Act) for an order to review and set aside the Inspectors Report and Compliance Directive dated 30 July 2021. And that the compliance directive be modified in part or whole by extending the period by twenty-one (21) days within which to comply with the directives.
Public interest in the matter started when the South African Reserve Bank announced that it had approved founder of the bank Nthabeleng Likotsi license to own the mutual bank, making her the first woman to own such in SA. YWBN (the Applicants) stands for Young Women in Business Network and comprise of various entities like YWBN NPC, YWBN NPO, YWBN CFI and YWBN CO-OP Ltd. To read more about the decision click here. To listen to the Power FM podcast where Adv Ishara Bodasing was interviewed about the ruling click here.
DUDUZILE CYNTHIA MYENI (APPLICANT) VERSUS CIPC (RESPONDENT)
The applicant filed an application to the Tribunal to review the compliance notice issued by the respondent in terms of Section 172(1) of the Act and to: Condone the late filing of the application; Cancel the compliance notice in terms of Section 172(2) of the Act; Cancel the finding of a contravention of the Act; and Have the respondent pay the costs of the application. To read the full decision click here
Since inception the Tribunal managed to issue decisions within turnaround times at no cost to parties saving them time and money. We also employed a number of interns throughout the years to give them real work experience, most of those interns are employed elsewhere. Below are some of our success stories:
RAMAFALO INC.
Meet Mr. Mpho Ramafalo, founder and Director of Ramafalo Inc. Mr Ramafalo filed an application with the Tribunal in relation to misinterpretation and misapplication of Section 12(2) and (3) of the Companies Act, 71 of 2008 by the CIPC, that is, challenging CIPC’ refusal to reserve the name “Ramafalo” as a business name, outside of permissible discretion. Upon examining the merits of the case, the Tribunal sets aside CIPC decision of refusing to reserve the name “Ramafalo”. Mr Ramafalo later successfully reserved this name and registered Ramafalo Inc. which is legal practice offering diverse legal services and advisory, including in the areas of corporate, commercial, corporate governance, business structuring/restructuring/rescue, regulatory/licensing, employment, compliance, risk management, alternate dispute resolution, competition, forensics, and information technology, etc.
“I am absolutely satisfied with the professionalism and time management by the Tribunal, especially as the CIPC attempted to delay the proceedings, creating non-existent procedural discretion/rights”, says Mr Ramafalo.
CRESCO
CRESCO is financial advisory services company based in Centurion Pretoria and has other regional offices across the world, listen to how the Tribunal assisted them through the applications that they brought.
MR GIVEN BVUMA
Meet Mr Given Bvuma who is currently employed as a Registry Intern. He is sharing his journey on how his internship at the Tribunal has assisted him.
