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Posted on 17 Jan 2021
Case number: CT00482ADJ2020
Case type: Directorship Disputes
Decisions Status: Dismissed

Application for the removal of the respondent as director of a company in terms of section 71(8) of the Companies Act 71 of 2008 –application simply stating that the applicant is unable to get hold of the respondent and thus the respondent’s conduct is hindering the conduct of the business of the company –such application ought to establish (on the basis of specific acts or omissions in the respondent’s conduct relating to the business or affairs of the company)that the impugned director has neglected or has been in derelict of his or her functions as a director, as envisaged by section 71(3)(b) of the Companies Act, for example, by the director’s non-performance or defective performance of tasks or functions allocated or expected from him or her –held that mere allegations of physical absence from the company of the impugned director or inaccessibility of the one director by the other director, without more, does not suffice –held that the application be dismissed.

Decisions and Orders

Date of Decision: 14 Jan 2021

Decisions Status: Dismissed

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