What is the Companies Tribunal?
The Companies Tribunal is an agency of the Department of Trade and Industry(the dti) established in terms of section 193 of the Companies Act 71 of 2008. It comprises of part time and full time Tribunal Members who are appointed by Minister of Trade and Industry .
What type of cases does the Companies Tribunal handle?
The Companies Tribunal adjudicates applications/complaints made in terms of the Companies Act such as
- Company name disputes
- Directorship disputes
- Exemption from establishing social and ethics committee
- Review of compliance notices issued by Companies and Intellectual Property Commission (CIPC)
- Extension of time to prepare annual financial statements
- Extension of time to convene the AGM
- Review of CIPC decision
The Companies Tribunal also, resolve disputes through Alternative Dispute Resolution (ADR) i.e. mediation, conciliation and arbitration in terms of the Companies Act 71 of 2008. The types of disputes that can be handled through ADR is any dispute that a party may refer to court in terms of the companies Act but choses as an alternative to bring it before the Companies Tribunal.
What is the process or procedure of lodging an application, complaint or a dispute with the Companies Tribunal?
Parties must fill the relevant form and attach the supporting document and submit them to the Registrar using the following methods:
- Walk ins/ delivered to the physical address;
- Registered mail to the postal address;
- E-mail,
- Online
Upon receipt of an application, the Registrar allocates a unique reference number to the case.
Refer to the filing procedure for further details.
Who can file an application with the Companies Tribunal?
Anyone can file an application or lodge a complaint with the Tribunal and must state the section of the Companies Act on which the application is based.
Do I need a lawyer to represent me?
You do not need to have legal representation i.e an attorney or advocate. Any person can represent themselves before the Tribunal.
How long does it take for a decision to be rendered?
For matters that are before the Tribunal for adjudication the period stated in the act for the parties to exchange documents is 45 working days. After that period has lapsed the Tribunal takes 35 working days to issue a decision. It takes about 80 working days from the date of lodging a complaint to receipt of the Tribunal’s decision.
For matters that are before the Tribunal for ADR, the process takes less than 25 working days.
The Tribunal is a speedy dispute resolution body and always strive to improve its turnaround time.
If I am not satisfied with the Tribunal’s decision, what are my options?
You can approach the High Court of South Africa to have the the Tribunal decision’s reviewed.
How much does it cost to bring an application, dispute or complaint?
The Tribunal does not charge fees for its services.
If I lose a case will I have to pay the other party’s costs?
Each case is judged on its own merits. The Presiding Tribunal Member/s may grant an order for costs according to the circumstances of each case.
Are Tribunal decisions binding?
Tribunal decisions are binding and enforceable. For instance when an order to remove a director has been granted by the Tribunal, the applicant can approach CIPC with the order to have the director removed from the company.