The continued relevance of the Turquand Rule under the current company law regime in South Africa
Authors Jacquiline Mujulizi
Affiliations: Advocate of the High Court of Tanzania
Source: Journal of Corporate and Commercial Law & Practice, Volume 6 Issue 1, 2020, p. 54 – 65
The statutory enactment of the Turquand rule in s 20(7) of the Companies Act 71 of 2008 raises questions about the continued relevance of the common-law Turquand rule in South African law. As the common-law rule addresses aspects of the accepted presumption that can, legitimately, be made by third parties on the company’s compliance with procedural or administrative requirements, its continued relevance and application can hardly be questioned, as argued in this article.