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The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada
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 reme...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2016
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| _version_ | 1867613242243678208 |
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| access_status_str | Open Access |
| author | Maponga, Ruvarashe Dorothy |
| author2 | Stoop, Helena |
| author_browse | Maponga, Ruvarashe Dorothy Stoop, Helena |
| author_facet | Stoop, Helena Maponga, Ruvarashe Dorothy |
| author_sort | Maponga, Ruvarashe Dorothy |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/20862 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:01.081Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/20862 The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada Maponga, Ruvarashe Dorothy Stoop, Helena Commercial Law 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. 2016-07-27T10:24:39Z 2016-07-27T10:24:39Z 2016 Master Thesis Masters MPhil http://hdl.handle.net/11427/20862 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Maponga, Ruvarashe Dorothy The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| thesis_degree_str | Master's |
| title | The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| title_full | The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| title_fullStr | The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| title_full_unstemmed | The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| title_short | The inclusion of stakeholders and the Locus Standi of the oppression remedy: a comparative analysis of South Africa and Canada |
| title_sort | inclusion of stakeholders and the locus standi of the oppression remedy a comparative analysis of south africa and canada |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/20862 |
| work_keys_str_mv | AT mapongaruvarashedorothy theinclusionofstakeholdersandthelocusstandioftheoppressionremedyacomparativeanalysisofsouthafricaandcanada AT mapongaruvarashedorothy inclusionofstakeholdersandthelocusstandioftheoppressionremedyacomparativeanalysisofsouthafricaandcanada |