| (1) |
A person who holds or has a beneficial interest in any securities issued by a profit company, or who is a member of a non-profit company, has a right to inspect and copy, without any charge for any such inspection or upon payment of no more than the prescribed maximum charge for any such copy, the information contained in the following records of the company: |
| (a) |
The company’s Memorandum of Incorporation and any amendments to it, and any rules made by the company, as mentioned in section 24(3)(a); |
| (b) |
the records in respect of the company's directors, as mentioned in section 24(3)(b); |
| (c) |
the reports to annual meetings as mentioned in section 24(3)(c)(i); |
[Section 26(1)(c) substituted by section 4(a) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (cA) |
the annual financial statements as contemplated in section 24(3)(c)(ii); |
[Section 26(1)(cA) inserted by section 4(b) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (d) |
the notices and minutes of annual meetings, and communications mentioned in section 24(3)(d) and (e), but the reference in section 24(3)(d) to shareholders meetings, and the reference in section 24(3)(e) to communications sent to holders of a company's securities, must be regarded in the case of a non-profit company as referring to a meeting of members, or communication to members, respectively; |
| (e) |
the securities register of a profit company, or the members register of a non-profit company that has members, as mentioned in section 24(4)[(a) or (b); and |
| (f) |
the register of the disclosure of beneficial interest of the company as contemplated in section 56(7)(a). |
[Section 26(1)(f) inserted by section 4(c) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (2) |
A person not contemplated in subsection (1) has a right to inspect and copy the information contained in the records referred to in subsection (1)(a), (b), (cA), (e) and (f), upon payment of the prescribed fee for any such inspection and copy. |
[Section 26(2) substituted by section 4(d) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (2A) |
The right to inspect and copy information contained in the records referred to in subsection (1)(cA), as contemplated in subsection (2), does not apply to a private company, non-profit company or personal liability company, wherein— |
| (a) |
an annual financial statement is internally prepared in a company with a public interest score of less than 100; or |
| (b) |
an annual financial statement is independently prepared in a company with a public interest score of less than 350. |
[Section 26(2A) inserted by section 4(e) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (3) |
In addition to the information rights set out in subsections (1) and (2), the Memorandum of Incorporation of a company may establish additional information rights of any person, with respect to any information pertaining to the company, but no such right may negate or diminish any mandatory protection of any record, required by or in terms of Part 3 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). |
| (4) |
A person may exercise the rights set out in subsection (1) or (2), or contemplated in subsection (3)- |
| (a) |
for a reasonable period during business hours at a location contemplated in section 25(1); |
[Section 26(4)(a) substituted by section 4(f) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (b) |
by direct request made to a company in the prescribed manner, either in person or through an attorney or other personal representative designated in writing; or |
| (c) |
in accordance with the Promotion of Access to Information Act, 2000 (Act No.2 of 2000). |
| (5) |
Where a company receives a request, as contemplated in subsection (4)(b), it must within 10 business days comply with the request by providing the requester an opportunity to inspect or copy the register or the records concerned. |
[Section 26(5) substituted by section 4(g) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
| (6) |
[Section 26(6) deleted by section 4(h) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]
|
| (7) |
The rights of access to information set out in this section are in addition to, and not in substitution for, any rights a person may have to access information in terms of— |
| (b) |
the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000); or |
| (8) |
The Minister may make regulations respecting the exercise of the rights set out in this section. |
| (9) |
It is an offence for a company to— |
| (a) |
fail to accommodate any reasonable request for access, or to unreasonably refuse access, to any record that a person has a right to inspect or copy in terms of this section or section 31; or |
| (b) |
to otherwise impede, interfere with, or attempt to frustrate, the reasonable exercise by any person of the rights set out in this section or section 31. |
Electricity Regulation Act, 2006
