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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 8 : Regulatory Agencies and Administration of Act

Part B : Companies Tribunal

195. Functions of Companies Tribunal

 

(1) The Companies Tribunal, or a member of the Tribunal acting alone in accordance with this Act, may—
(a) adjudicate in relation to any application that may be made to it in terms of this Act, and make any order provided for in this Act in respect of such an application;
(b) assist in the resolution of disputes as contemplated in Part C of Chapter 7; and
(c) perform any other function assigned to it by or in terms of this Act, or any law mentioned in Schedule 4.

 

(2) The chairperson is responsible to manage the caseload of the Companies Tribunal, and must assign each matter referred to the Tribunal to—
(a) a member of the Tribunal, to the extent that this Act provides for a matter to be considered by a single member of the Tribunal; or
(b) a panel composed of any three members of the Tribunal, in any other case.

 

(3) When assigning a matter to a panel in terms of subsection (2)(b), the chairperson must—
(a) ensure that at least one member of the panel is a person who has suitable legal qualifications and experience; and
(b) designate a member of the panel to preside over the panel’s proceedings.

 

(4) If, because of resignation, illness, death, or withdrawal from a hearing in terms of section 206(3), a member of the panel is unable to complete the proceedings in a matter assigned to that panel, the chairperson must—
(a) direct that the hearing of that matter proceed before the remaining members of the panel, subject to the requirements of subsection (3)(a); or
(b) terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing.

 

(5) The decision of a panel on a matter referred to it must be in writing and include reasons for that decision.

 

(6) A decision of a single member of the Companies Tribunal hearing a matter as contemplated in subsection (1)(a), or of a majority of the members of a panel in any other case, is the decision of the Tribunal.

 

(7) A decision by the Companies Tribunal with respect to a decision of, or a notice or order issued by, the Commission is binding on the Commission, subject to any review by, or appeal to, a court.

 

(8) An order of the Companies Tribunal may be filed in the High Court as an order of the court, in accordance with its rules.

 

(9) A member of the Tribunal may not represent any person before the Tribunal.

 

(10) If, on the expiry of the term of office of a member of the Companies Tribunal, that member is still considering a matter before the Tribunal, that member may continue to act as a member in respect of that matter only.