Board autonomy and recourse to the courts in south africa

Authors Genevieve Paige Wagener

ISSN: 2521-2575
Affiliations: Attorney of the High Court of South Africa
Source: Journal of Corporate and Commercial Law & Practice, Volume 6 Issue 1, 2020, p. 24 – 39


In the aftermath of the recent comments made by the chairperson  of the Old Mutual Ltd board that the board cannot be dictated to by  the court on matters of corporate governance, it must be clarified  that the Constitution still grants anyone the right to have a legal  dispute settled by a court or other independent and impartial forum  or tribunal if the legal dispute is justiciable and if the party has legal  standing in relation to such dispute.