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