Delinquent Director

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Section 162 of the South African Companies Act 71 of 2008 allows shareholders and other stakeholders to apply to the court to declare a director of a company delinquent.

If found guilty of serious misconduct, gross abuse of position, gross negligence, wilful misconduct or a breach of trust, a director can be declared delinquent by the court.

If declared delinquent an order will ban a person from holding a director position for at least 7 years, for life in serious cases.

The delinquency order provides a way to ensure that directors remain accountable to the company, shareholders, fellow directors and employees. It sets out to raise standards of good behaviour expected of directors, and protects the public from incompetent and dishonest directors.[1][2][3][4][5][6]

Notable cases[]

An example of a person declared a delinquent director in South Africa is Dudu Myeni, the former chairperson of SAA.[7][8] Myeni was judged by a court to have "acted dishonestly and grossly abused her powers" and "exposed SAA to financial ruin".[8][9]

References[]

  1. ^ Cassim, Rehana (2016). "Delinquent directors under the Companies Act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. 19 (1): 1. doi:10.17159/1727-3781/2016/v19i0a1246.
  2. ^ "How to get rid of a delinquent director in your business". theartmey.co.za. Retrieved 5 June 2020.
  3. ^ "Why South African law on directors' delinquency is open to abuse". mg.co.za. Retrieved 5 June 2020.
  4. ^ "Delinquent directors and the shareholder – Director conundrum". golegal.co.za. Retrieved 5 June 2020.
  5. ^ "Court may declare a director delinquent". saica.co.za. Retrieved 5 June 2020.
  6. ^ "The Delinquent Director". greeffattorneys.co.za. Retrieved 5 June 2020.
  7. ^ "High court declares Dudu Myeni delinquent". mg.co.za. Retrieved 28 May 2020.
  8. ^ a b Meyer, Jaco; Kelly, Rachel (4 June 2020). "Delinquent Directors". www.cliffedekkerhofmeyr.com. Cliffe Dekker Hofmeyr. Retrieved 30 June 2021.
  9. ^ "Seven things you need to know about Dudu Myeni – including how silence could land her in jail". Business Insider Inc. Business Insider ZA. 5 November 2020. Retrieved 30 June 2021.
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