This application is grounded on section 72(5)(b) of the Companies Act 71 of 2008 (the Companies Act). Section 72(5), applied in conjunction with regulation 43 of the Companies Regulations, 2011 (Company Regulations), provides for the appointment of a social and ethics committee (an SEC). The same provisions cater for exemptions from this requirement. Among others, a company may be exempted from the requirement to appoint an SEC on public interest considerations based on the nature and extent of its activities.
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