The Companies Tribunal (the Tribunal) is an agency of the Department of Trade, Industry and Competition (the dtic), established in terms of Section 193 of the Companies Act No. 71 of 2008 to provide speedy resolution of company disputes for free.

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.

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Types of cases over which the Tribunal has jurisdiction

 
The Companies Tribunal adjudicates applications/complaints made in terms of the Companies Act such as:
  • Company name disputes
  • Exemption from establishing social and ethics committee
  • Extension of time to prepare annual financial statements
  • Review of CIPC decision
  • Directorship disputes
  • Review of compliance notices issued by Companies and Intellectual Property Commission (CIPC)
  • Extension of time to convene the AGM

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.
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