The continued relevance of the Turquand Rule under the current company law regime in South Africa

Authors Jacquiline Mujulizi

ISSN: 2521-2575
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.