The Companies Tribunal (the “Tribunal”) is a department of trade, industry, and competition entity formed under the Companies Act No. 71 of 2008 to resolve company disputes quickly.
Any firm, regardless of how many directors it has, may use the Tribunal’s alternative dispute resolution (“ADR”) services. Only companies with no more than two (2) directors may approach the Tribunal for ADR in relation to the removal of a director in the context of directors’ conflicts. ADR, which is an alternative to going to court, can take the form of conciliation, mediation, or arbitration. The Tribunal acts as a facilitator in the processes, assisting the parties in resolving their differences and ensuring their success. The Tribunal’s services are free
Below are the cases that can be brought for ADR at the Tribunal:
| CASES | EXAMPLE |
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Governance of companies
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Directorship disputes
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Incorporation issues
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Disputes regarding Memorandum of Incorporation rules
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Transparency, accountability and integrity issues
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Access to company records
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Capitalisation of profit companies
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Shareholding disputes, amalgamations, mergers and takeovers of companies
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The ADR guidelines and the process for applying for ADR with the Companies Tribunal can be found here: ADR – Companies Tribunal
Companies Tribunal contact details:
Mr Selby Magwasha (Registrar)
SMagwasha@companiestribunal.org.za
+27 11 394 3800
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