Any person may file a complaint in writing, alleging that:
- a person has acted inconsistent with the Companies Act (Act 71 of 2008) or
- a person’s rights under the Act, Memorandum of Incorporation (MOI) or rules have been infringed.
Please note that upon receiving a complaint, the Commission may inter alia resolve:
- not to investigate the complaint, if it appears to be frivolous, vexatious or does not allege any facts that would constitute grounds for remedy under the Act;
- to refer it, if more practicable, for resolution by mediation, conciliation or arbitration to the Companies Tribunal or an accredited entity or any other person; and/or
- to direct an investigator or inspector to investigate.
A complaint may also be initiated by the Commission on its own accord or on request from another regulatory authority.
The Minister of Trade Industry and Competition may direct the Commission to investigate any alleged contravention of the Act or other specified circumstances. Upon receiving instruction from the Minister, it is compulsory for the Commission to investigate the matter and is not subject to any discretion.
It is a requirement that allegations are fully substantiated. Note that if the allegations do not constitute grounds for remedy under the Act, it would not be investigated.