ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: MARCH 2025
, FBE2604
Assignment 1 Semester 1 2025
Unique Number:
Due Date: March 2025
Forms of Business Enterprise
QUESTION 1
1.1 Bargaining Council for the Furniture Manufacturing Industry KZN v UKD
Marketing CC & Others (2013) 34 ILJ 96 (LAC):
1.1.1 Presiding Officer: The presiding officer was Judge Davis【12†source】.
1.1.2 Year Decided: The case was decided in 2013【12†source】.
1.1.3 Type of Enterprise: UKD Marketing CC is a close corporation【12†source】.
1.1.4 Importance to Corporate Law: The case highlights the concept of lifting the
corporate veil, where business owners are held personally accountable if they use the
company structure to avoid legal duties【12†source】.
1.1.5 Legislation Considered: The court referred to Section 23 of the Labour Relations
Act 66 of 1995【12†source】.
1.1.6 Common Law Principle Applied: The principle of piercing the corporate veil was
applied to prevent abuse of the company structure【12†source】.
1.1.7 Relevant Legislation: The Companies Act 71 of 2008 is key here as it provides
the framework for lifting the corporate veil in cases of misconduct【12†source】.
1.1.8 Cases Cited: The court referred to Cape Pacific Ltd v Lubner Controlling
Investments (Pty) Ltd【12†source】.
1.1.9 More Recent Cases: Potential additional references could include Hlumisa
Investment Holdings (RF) Ltd v Kirkinis and Lewis Group Ltd v Woollam【12†source】.