n South African Law Journal - You're fired! The removal of directors under the Companies Act 71 of 2008 : note

Volume 128, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



It has been noted in the Australian context that the removal of directors is a 'sleeper topic' about which little is written (James McConvil 'Removal of directors of public companies takes centre stage in Australia: an exploration of the corporate law and governance issues' (2005) 1 191 at 192; Jean J du Plessis & James McConvil 'Removal of company directors in a climate of corporate collapses' (2003) 31 251 at 251). The same situation prevails in South Africa, where only a few papers have been written on the topic (See, for example, M P Larkin 'Distinctions and differences: a company lawyer looks at executive dismissals' (1986) 7 248; J J du Plessis 'Besondere oorwegings van toepassing op die ontslag van besturende direkteure' (1991) 2 1, I Esser 'Company law and the spoliated director : ' (2008) 20 135, John F Olson 'South Africa moves to a global model of corporate governance but with important national variations' 2010 219 at 237-9). This note seeks to address this deficit by examining the provisions relating to the removal of directors in the new Companies Act 71 of 2008 (the 2008 Act) as the removal of directors is an important corporate governance tool.

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