Resolve Company Disputes Speedily Without Breaking the Bank!

5 August 2025

A statutory body known as the Companies Tribunal (the Tribunal) was established by the Department of Trade, Industry, and Competition (the dtic), in the process of reviewing the old Companies Act of 1973 and introducing the Companies Act No. 71 of 2008 (the “Act”). The Tribunal specifically presides over matters falling under the jurisdiction of the Act, which include disputes related to company law. The mandate of the Tribunal is to resolve disputes through Adjudication and ADR and is derived from Section 195 of the Companies Act and exercises its jurisdiction throughout the Republic of South Africa. The hearings of the Tribunal are governed by Sections 180–184 of the Act and Regulations of 2011. ALTERNATIVE DISPUTE RESOLUTION (ADR) The Tribunal has ADR processes in place to resolve company disputes, as outlined in Section 166 of the Companies Act. The Tribunal's ADR process is free of charge. The Tribunal creates a conducive environment for the parties to reach a settlement agreement that is facilitated by the Tribunal members. Should the ADR process fail to resolve the parties’ dispute, the Tribunal will issue a fail certificate in the prescribed manner. According to Section 167 of the Act, if the Tribunal member has assisted the parties to resolve the dispute, the settlement agreement may be made an order of court. In addition, if the parties to the dispute have consented to the order, they can submit it to court to be confirmed as a consent order. ADJUDICATION Any person dissatisfied with the Tribunal’s decision and the reasons provided, they can take it to the High Court for review. REFERRALS The CIPC and Takeover Regulation Panel may also refer disputes for resolution at the Tribunal. The Tribunal plays an important role in the adjudication of disputes. Companies and SMMEs do not always have the financial resources necessary to file High Court applications to protect the uniqueness of their company names and trademarks by preventing the registration of a confusingly similar company name. Fortunately, the Tribunal was established as a platform on which even the smallest company can be assisted efficiently and effectively. In addition to being speedy and free, another significant benefit of using the Tribunal services is that the ADR proceedings are private (except in instances where there is a public interest in the issue). The Companies Tribunal uses Alternative Dispute Resolution (ADR) methods such as mediation and conciliation to help save relationships by providing a less competitive and more collaborative environment for resolving disputes compared to traditional court litigation. The Tribunal's goal is to protect business relationships that would otherwise be affected by lengthy legal fights by encouraging open communication and assisting parties in reaching mutually acceptable solutions. The Tribunal offers a practical means of reducing the burden on our already congested court rolls and processes while also speedily resolving disputes emanating from the Companies Act. Do not hesitate to file an application if you need to protect your company name or are dealing with company law disputes. You can use this easily accessible and efficient resource to get your company disputes resolved speedily and for free!