oa De Rebus - Non-profit companies and public companies : there are no longer 'late proxies' : practice note - commercial law
In the matter between R du Plessis Barry v Clearwater Estates NPC and Others (GP) (unreported case no 82306/2014, 13-11-2015) (Van der Westhuizen, AJ), it was decided that the provisions of Articles (contained in the Memorandum of Articles) stipulating, inter alia, (1) that a proxy must be deposited at the office of the company not less than 48 hours before the time appointed for holding of a meeting and (2) if not deposited timeously, it shall not be treated as valid. It 'would result in an internal conflict within section 58 of the Act' and '... are inconsistent with the provisions of the Act and in particular with provisions of section 58(1) of the Act. Consequently the provisions of the articles ... of the first respondent's Memorandum of Incorporation are void to that extent' (see para 30 and 31).
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