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.advisorStoop, Helenaen_ZA
dc.contributor.authorMaponga, Ruvarashe Dorothyen_ZA
dc.date.accessioned2016-07-27T10:24:39Z
dc.date.available2016-07-27T10:24:39Z
dc.date.issued2016en_ZA
dc.description.abstractThis 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.identifier.apacitationMaponga, R. D. (2016). <i>The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/20862en_ZA
dc.identifier.chicagocitationMaponga, Ruvarashe Dorothy. <i>"The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016. http://hdl.handle.net/11427/20862en_ZA
dc.identifier.citationMaponga, 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.ris TY - Thesis / Dissertation AU - Maponga, Ruvarashe Dorothy AB - 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. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada TI - The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada UR - http://hdl.handle.net/11427/20862 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20862
dc.identifier.vancouvercitationMaponga RD. The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20862en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleThe inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canadaen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMPhilen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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