n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The Companies Act 2008 : an overview of a few of its core provisions

Volume 22, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Company law has a significant impact on the economy in general and on commercial activity in particular. It can promote and facilitate commercial enterprise and economic growth or it can restrict and retard it. It is consequently vital for corporate law to be clear, certain and accessible. But our current corporate law regime is bulky, complex and full of conflict in its underlying philosophy and policy, and this is due directly to the fact that the Companies Act 61 of 1973 has been amended some forty-two times in the thirty-five years of its existence. This sort of patchwork and piecemeal reform has inevitably led to conflict in the policy and the objectives underpinning our company law regime.

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