The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada

 

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dc.contributor.advisor Stoop, Helena en_ZA
dc.contributor.author Maponga, Ruvarashe Dorothy en_ZA
dc.date.accessioned 2016-07-27T10:24:39Z
dc.date.available 2016-07-27T10:24:39Z
dc.date.issued 2016 en_ZA
dc.identifier.citation Maponga, R. 2016. The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/20862
dc.description.abstract This dissertation assesses the impact of the narrow interpretation and application of the oppression remedy in the South African Companies Act 71 of 2008, s 163 on the inclusion of stakeholders and compares it with the Canadian experience. It reviews the historical development of the oppression remedy in South Africa and focuses on how the interpretation and application of s 163 continues to exclude various stakeholders in the locus standi of the remedy. The comparative exposition of the interpretation and application of the South African and Canadian oppression remedy provided in this dissertation brings out fundamental differences between the two, highlights the need to extend the South African interpretation to include various stakeholders and elaborates on the benefits of a broader approach to the remedy. By outlining the impact and benefits of the inclusion of various stakeholders in the remedy as opposed to their exclusion, the study advocates for a broadened and inclusive interpretation of s 163 by the courts to create a platform for various stakeholders to seek relief through the remedy. Furthermore, to minimize ambiguity in application of the remedy, the dissertation proposes a modification of the interpretation and application of s 163 to explicitly include all stakeholders in the description of oppression remedy building on the Canadian experience through judicial transplantation. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.title The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada en_ZA
dc.type Thesis / Dissertation en_ZA
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters en_ZA
dc.type.qualificationname MPhil en_ZA
uct.type.filetype Text
uct.type.filetype Image


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