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Posted on 3 Sep 2018
Case number: CT011APR2018
Case type: Directorship Disputes
Decisions Status: Granted

In this matter the Applicant is seeking to remove the Respondent as director of the company Khuboni Placements (Pty) Ltd in terms of section 71(8)(b)[1] and Regulation 142(1)[2] of the Companies Act (“the Act”). Khuboni Placements (Pty) Ltd is a company duly registered and incorporated in accordance with the company laws of South Africa

[1] Section 71 (8) (b) reads as follows: “If a company has fewer than three directors – in any circumstance contemplated in subsection (3), any director or shareholder of the company may apply to the companies Tribunal, to make a determination contemplated in that section.”  See Form CTR 142 dated 17 April 2018.

[2] Regulation 142(1) of the Companies Regulations, 2011 reads as follows: “A person may apply to the Tribunal for an order in respect of any matter contemplated by the Act, or these Regulations, by completing and filing with the Tribunal’s recording officer (a) an Application in Form CTR 142; and (b) a supporting affidavit setting out the facts on which the application is based.”

Decisions and Orders

Date of Decision: 31 Aug 2018

Decisions Status: Granted

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