Take advantage of the free Companies Tribunal’s services
The Companies Tribunal (the Tribunal) is established in terms of section 193 of the Companies Act 71 of 2008 (the Act) and started operating in 2012. It is a juristic person which enjoys jurisdiction throughout the Republic. It is mandated to adjudicate applications made in terms of the Act, to assist in the resolution of company disputes through Alternative Dispute Resolution and perform any other function assigned to it in terms of the Act.
The Tribunal as an alternative to the court, offers speedier, cheaper and more accessible justice, whereas the process of the courts of law is elaborate, overwhelmed with a lot of cases and costly. Furthermore, the Tribunal provides parties with freedom from technicality, expedition and expert knowledge of company law in particular.
Advantages of utilising Tribunal’s services:
The Companies Tribunal’s procedure of resolving company disputes is informal. The provisions of this informal situation suggest that both the Applicant and Respondent do not need to be represented by lawyers, they may represent themselves during the proceedings. Secondly, the principle of natural justice is applied.
The Companies Tribunal is much quicker than the Courts in hearing and deciding the filed cases. The advantage of the Tribunal’s filing system is that it provides certainty that a case will be heard on a specified date and it will be decided within a specific period of time.
The Tribunal’s services are at no cost to the parties. The costs incurred by the Tribunal Members adjudicating and assisting in the resolution of company disputes is borne by the state.
Tribunal Members were appointed based on their qualifications and experience in economics, law, commerce, industry or public affairs. Tribunal Members comprises of Acting Judges, Academics, Advocates, Senior Attorneys and who are Accredited Mediators Arbitrators.
Online Case Management System (CMS)
The online CMS ensures better management of cases and allow clients to file applications online. This system provides a platform to track cases, provide alerts and also assist the Tribunal to ensure compliance with minimum time delays.
The CMS has the following benefits:
- Easy access to justice system anywhere and anytime;
- Timely location and retrieval of information/decisions on new and old cases;
- Effective communication and collaboration between parties and case administrator (registry team);
- Secure web and mobile access;
- Easy sharing of case documents or files between parties (applicant and respondent);
- Increased efficiency and turnaround time; and
- Online tracking and review of the case status.
In order to minimise contact with the Companies Tribunal Staff due to VOVID-19 Regulations, companies are requested to file online through CMS as it provides a platform to file applications and to view the status of the application online. Furthermore, the Tribunal urges companies to take advantage of the services offered at no cost to them, the Tribunal is a better alternative to courts. For more information call 012 394 1000 or email firstname.lastname@example.org