OVERVIEW
The Companies Tribunal (the Tribunal) is an agency of the Department of Trade, Industry and Competition (the dtic) established in terms of the Companies Act No. 71 of 2008 to provide speedy resolution of company disputes.
The Tribunal has jurisdiction throughout the Republic of South Africa. It is independent, and subject to the Constitution and the law. It exercises its functions in accordance with the Act and performs its functions fairly,without fear, favour or prejudice and in a transparent manner.
Vision & Mission
VISION
To be a world-class adjudicatory and dispute resolution organisation that contributes to the promotion of fair and ethical business practices.
MISSION
• Adjudicating in relation to any application that may be made to it in
terms of the Act; and
• Serving as a forum for the voluntary resolution of disputes.
VALUES
The Tribunal ascribes to the following values:
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Accountability:
delivering on our plans or commitments and taking responsibility for our actions and inactions;
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Impartiality:
conducting ourselves in a fair and just manner, without favouring one person over another for improper reasons;
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Transparency::
to be open as far as possible and honest about our decisions, policies, procedures, information, activities and actions taken and be able to give reasons for our decisions;
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Equitability:
to be fair and just to all parties as dictated by reason, policies or norms of the organisation and law;
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Efficiency:
to produce outputs or services without wasting resources such as funds, time or energy in order to achieve the objectives of the organisation with limited resources;
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Accessibility:
to be readily available to the public and stakeholders, regardless of the circumstances;
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Professionalism:
to be presentable and courteous, punctual, honourable, responsible and adhering to polices, values and code of conduct of the Tribunal when dealing with individuals or stakeholders;
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Respect:
to treat all people with dignity and honour in accordance with the values of the organisation;
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Ethical:
To act with integrity, morality and to do what is right guided by policies, code of ethics and code of conduct of the organisation.
Types of Matters over which the tribunal has jurisdiction
The Companies Tribunal adjudicates applications/complaints made in terms of the Companies Act such as:
- Company name disputes
- Directorship disputes
- Exemption from establishing social and ethics committee
- Review of compliance notices issued by Companies and Intellectual Property Commission (CIPC)
- Extension of time to prepare annual financial statements
- Extension of time to convene the AGM
- Review of CIPC decision
Alternative Dispute Resolution
ADR processes comprise of mediation, conciliation and arbitration of all matters that arise in terms of the Act.
MEDIATION
This is a process whereby the parties make presentations before the Tribunal. The Tribunal does not impose the terms of the settlement however, assist parties to find a commonly acceptable resolution.
CONCILIATION
This is a process in which the Tribunal impartially facilitate and encourage parties to find a resolution to the dispute.
ARBITRATION
This is a process where parties make representation before the Tribunal. After the conclusion of the matter the Tribunal issues an arbitration award that is final and binding. The award can only be reviewed in the High Court.