Board autonomy and recourse to the courts in south africa
Authors Genevieve Paige Wagener
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.