Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008

dc.contributor.advisorMongalo, Tshepo
dc.contributor.authorGitonga, Anthony M
dc.date.accessioned2026-04-22T09:36:36Z
dc.date.available2026-04-22T09:36:36Z
dc.date.issued2009
dc.date.updated2026-04-22T09:30:35Z
dc.description.abstractThe position of the minority shareholder is not an enviable one due to the fact that his rights and interests are at the disposal of the majority. This general principle is set out in the rule in Foss v. Harbottle, which has proved a formidable obstacle to relief. It elaborates that only the company can bring proceedings for wrongs done to the company. The company is a legal person distinct from its shareholders. It follows that a wrong to the company is a not a wrong to each shareholder.
dc.identifier.apacitationGitonga, A. M. (2009). <i>Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008</i>. (). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/43112en_ZA
dc.identifier.chicagocitationGitonga, Anthony M. <i>"Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008."</i> ., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2009. http://hdl.handle.net/11427/43112en_ZA
dc.identifier.citationGitonga, A.M. 2009. Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008. . University of Cape Town ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/43112en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Gitonga, Anthony M AB - The position of the minority shareholder is not an enviable one due to the fact that his rights and interests are at the disposal of the majority. This general principle is set out in the rule in Foss v. Harbottle, which has proved a formidable obstacle to relief. It elaborates that only the company can bring proceedings for wrongs done to the company. The company is a legal person distinct from its shareholders. It follows that a wrong to the company is a not a wrong to each shareholder. DA - 2009 DB - OpenUCT DP - University of Cape Town KW - Commercial Law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2009 T1 - Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 TI - Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008 UR - http://hdl.handle.net/11427/43112 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/43112
dc.identifier.vancouvercitationGitonga AM. Is the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008. []. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2009 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43112en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectCommercial Law
dc.titleIs the 'little man' finally protected? An exploration of minority shareholder protection in South Africa under the companies act of 2008
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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