n Without Prejudice - Judges as valuers : company law

Volume 15, Issue 11
  • ISSN : 1681-178X



The promotion of investment in the South African markets is one of the objects of the Companies Act, (71 of 2008, as amended). Section 163(1) promotes investment by providing minority shareholders with relief against conduct that is oppressive or unfairly prejudicial to, or that unfairly disregards, their interests. The principle of majority rule in company law means minority shareholders are at risk of oppressive or unfairly prejudicial conduct. Therefore, although this relief is available to a majority shareholder, it will be used mainly by minority shareholders.

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