Chapter 7: Remedies and Enforcement
Part A: General principles
s156: Alternative procedures for addressing complaints or securing rights
- () A person referred to in section 157(1) may seek to address an alleged contravention of this Act, or to enforce any provision of, or right in terms of this Act, a company's Memorandum of Incorporation or rules, or a transaction or agreement contemplated in this Act, the company's Memorandum of Incorporation or rules, by:
- (a) attempting to resolve any dispute with or within a company through alternative dispute resolution in accordance with Part C of this Chapter;
- (b) applying to the Companies Tribunal for adjudication in respect of any matter for which such an application is permitted in terms of this Act;
- (c) applying for appropriate relief to the division of the High Court that has jurisdiction over the matter; or
- (d) filing a complaint in accordance with Part D of this Chapter within the time permitted by section 219 with:
- (i) the Panel, if the complaint concerns a matter within its jurisdiction; or
- (ii) the Commission in respect of any matter arising in terms of this Act, other than a matter contemplated in subparagraph (i).
Related Sections
s157: Extended standing to apply for remedies
s219: Limited time for initiating complaints
Related Regulations
R132: Alternative dispute resolution procedures
R135: Filing of complaints with the Commission
Related Notes
No related note.
Related Forms
CoR132.1: Application for ADR
CoR132.2: Referral by Commission or Panel for ADR
CoR132.3: Certificate of failed ADR
CoR135.1: Complaint to Commission