Extended Jurisdiction of the Companies Tribunal

25 June 2026

The Companies Tribunal (the Tribunal) is an agency of the Department of Trade, Industry and Competition (the dtic), established in terms of the Companies Act No. 71 of 2008 (the Act). Its mandate is to adjudicate applications and make orders in terms of the Act, as well as to resolve disputes through mediation, conciliation, and arbitration.

Since its inception, the Tribunal has resolved hundreds of company, directorship, and shareholder disputes speedily and at no cost to parties, saving South Africans millions of rands in legal and dispute resolution costs.

Following amendments to the Companies Act 71 of 2008, the Tribunal has been granted exclusive jurisdiction to conciliate, mediate, and arbitrate certain company disputes. This means that the Tribunal is now the only institution empowered to arbitrate disputes arising from the Companies Act, unlike previously when such disputes could be referred to other private arbitration forums. This expanded mandate represents a significant development in South Africa’s corporate dispute resolution landscape.

To support the implementation of this extended mandate, retired judges have been appointed to strengthen the Tribunal’s capacity. Their extensive experience in complex dispute resolution matters, coupled with their longstanding judicial expertise, brings a heightened level of rigour, independence, and legal certainty to the Tribunal’s proceedings.

This development reinforces the Tribunal’s ability to resolve matters efficiently, fairly, and cost-effectively, while enhancing confidence in South Africa’s corporate regulatory environment and improving access to justice for businesses and stakeholders.

The following sections from Companies Amendment Act will now have a major influence on the mandate of the Companies Tribunal:
- Section 166 (2), the Companies Tribunal has the exclusive right to conciliate, mediate and arbitrate company disputes that emanate from the Companies Act: and
- Section 195 (1)(d) the Companies Tribunal is mandated to adjudicate, mediate and arbitrate matters affecting any person in terms of the Companies Act, that may be referred to the Tribunal by the B-BBEE Commission in terms of the B-BBEE Act.

These amendments position the Tribunal as a central institution for the resolution of company disputes and the promotion of effective corporate governance in South Africa.