, LML4806 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025
– DUE September 2025; 100% CORRECT AND TRUSTED
SOLUTIONS
Question 1
With reference to the Companies Act 71 of 2008, relevant case law and the facts provided,
discuss whether Lerato has breached any specific fiduciary duties she owed to Internet
World (Pty) Ltd. Also consider the validity of Lerato’s argument that she did not breach
her fiduciary duties to Internet World (Pty) Ltd since she signed the contract with Skylab
(Pty) Ltd only after she had resigned from Internet World (Pty) Ltd.
(15 marks)
1. Introduction
This question deals with whether Lerato, as a former director of Internet
World (Pty) Ltd, breached her fiduciary duties by accepting a business
opportunity (contract) from Skylab (Pty) Ltd in her personal capacity
after she had resigned. The discussion will focus on the fiduciary duties
of directors as set out in the Companies Act 71 of 2008, and how these
duties apply in the context of corporate opportunities. Relevant case
law such as Robinson v Randfontein Estates Gold Mining Co Ltd 1921
AD 168 and Da Silva v CH Chemicals (Pty) Ltd 2008 (6) SA 620 (SCA)
will also be referenced.
2. Fiduciary Duties under the Companies Act 71 of 2008
In terms of section 76(3)(a)–(c) of the Companies Act 71 of 2008, a
director of a company must:
Exercise their powers and perform their functions in good faith
and for a proper purpose.
Act in the best interests of the company.
– DUE September 2025; 100% CORRECT AND TRUSTED
SOLUTIONS
Question 1
With reference to the Companies Act 71 of 2008, relevant case law and the facts provided,
discuss whether Lerato has breached any specific fiduciary duties she owed to Internet
World (Pty) Ltd. Also consider the validity of Lerato’s argument that she did not breach
her fiduciary duties to Internet World (Pty) Ltd since she signed the contract with Skylab
(Pty) Ltd only after she had resigned from Internet World (Pty) Ltd.
(15 marks)
1. Introduction
This question deals with whether Lerato, as a former director of Internet
World (Pty) Ltd, breached her fiduciary duties by accepting a business
opportunity (contract) from Skylab (Pty) Ltd in her personal capacity
after she had resigned. The discussion will focus on the fiduciary duties
of directors as set out in the Companies Act 71 of 2008, and how these
duties apply in the context of corporate opportunities. Relevant case
law such as Robinson v Randfontein Estates Gold Mining Co Ltd 1921
AD 168 and Da Silva v CH Chemicals (Pty) Ltd 2008 (6) SA 620 (SCA)
will also be referenced.
2. Fiduciary Duties under the Companies Act 71 of 2008
In terms of section 76(3)(a)–(c) of the Companies Act 71 of 2008, a
director of a company must:
Exercise their powers and perform their functions in good faith
and for a proper purpose.
Act in the best interests of the company.
