Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the failure of the National Prosecuting Authority to prosecute persons who were involved in murder and other serious offences during the apartheid years and who were unsuccessful in securing amnesty.
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The Turquand rule has been discussed and fairly applied in the South African jurisprudence. However, an interesting question remains as to whether the Turquand rule or section 20(7) of the Companies Act 71 of 2008 (Companies Act) can be used to compel a party to implement a transaction where the party has not complied with the applicable provisions of the Companies Act requiring a special resolution of shareholders for the disposal of all or a greater part of the company’s assets or undertaking, amalgamation or merger, or a scheme of arrangement (fundamental transactions). The jurisprudence has adopted the take-no-prisoners approach sofar.
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