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Company Law Academics Engagement Seminar Report

Posted on 13 Apr 2017

Date of the event: 9 Mar 2017
Time: 12:00am-12:00am

The Companies Tribunal (the Tribunal) in conjunction with the University of Pretoria’s Centre for Insolvency, Labour and Company Law (CILC) held a workshop with academics in Company Law. The workshop was aimed at raising awareness about the Tribunal’s services in terms of the Companies Act (the Act) as well improve stakeholder engagement with the academia.

The Tribunal Chairperson Adv. Simmy Lebala SC, in his welcoming address reflected on the critical role academics play in shaping opinion and moulding society in general. He highlighted the need to form mutually beneficial relationships and urged academics to take advantage of the free services offered by the Tribunal.

Professor Tshepo Mongalo, a member of the Specialist Committee on Company Law presented a report on the role played by the Companies Tribunal within the corporate law enforcement matrix in South Africa and the role that should ideally be played by the Tribunal. The report presented the possible elevation of the Tribunal to a level similar to that of Delaware Court of Chancery in adjudication of corporate law matters.

Professor Piet Delport presented the challenges faced by the Tribunal on matters of Alternative Dispute Resolution (ADR), Social and Ethics Committee as well as lessons learned over the last few years of implementing the Companies Tribunal’s mandate and proposals for statutory reforms. He highlighted the difficulty of adjudicating Name Disputes was no precedence when they started as well as decision writing.

The Tribunal’s Registrar, Ms Tebogo Mputle presented the filing procedure. The workshop was well attended; it presented a good opportunity for both the Tribunal and the academia to robustly engage. It was proposed that the Tribunal should consider an Appeal Tribunal for parties not satisfied with the Tribunal decisions. Some attendees raised a concern about lack of awareness by the public, the Tribunal stated that different platforms are used to create awareness i.e. the media (both print and electronic) and seminars  Lastly, the Tribunal was urged to consider engaging academics in different academic institution throughout the country.


Delegates engaging the Tribunal at the Seminar

Professor Cassin of UP introducing Professor Tshepo Mongalo of Wits University(far left corner)