Mr. Chris Dednam is a professional accountant and he signed the Form CTR 142 as the applicant in this matter. However, the affidavit accompanying the aforesaid statutory form is deposed to by a certain Mr. or Ms. PRD Klynsmith and worryingly signed before a certain Christoffel Cornelius Dednam as commissioner of oaths. The latter appears to be the same person as the applicant herein. If so, in my view, the affidavit attached to Form CTR 142 was not commissioned in compliance with the Regulations Governing the Administering of an Oath or Affirmation which proscribes a commissioner of oaths to administer oaths in matters in which she or he has an interest. Further, Klynsmith submits [without explaining further] that he is “one of the applicants”and has knowledge of the matter. These are ordinarily fatal deficiencies, but I will accept for current purposes that there a valid application worthy of determination
and that both Dednam and Klynsmith have the necessary standing in terms section 157 of the Companies Act 71 of 2008 (the CA 2008) to bring this application.