n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Blurring the dividing line between the oppression remedy and the derivative action :

Volume 24, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



([2012] 4 All SA 203 (GSJ)) is the first reported judgment to deal with s 163 (the oppression remedy) of the Companies Act 71 of 2008 (the Act). Satchwell J does not deal directly or in much detail with the differences between s 163 of the Act and its predecessor, s 252 of the Companies Act 61 of 1973 (the previous Act). But her judgment is the first to illustrate, by implication, the much wider application of s 163 compared to s 252, specifically regarding the person(s) whose conduct results in oppression or unfair prejudice. It also compels one to consider the result requirement of s 163, and exemplifies how the interests of a company can be mistaken for those of a shareholder.

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