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QUESTION 1
In terms of section 63(2) of the Companies Act 71 of 2008, JP Textiles Ltd must ensure that
all shareholders are allowed a reasonable opportunity to attend, participate in, and vote
at its AGM. Since many shareholders and proxies cannot physically attend the AGM in
Johannesburg, the company can hold the meeting entirely by electronic communication
or provide electronic participation facilities.
Section 63(2)(a) expressly permits a company to use any form of electronic
communication, such as video conferencing or hybrid meetings, as long as it enables
participants to communicate concurrently without an intermediary. Therefore, JP Textiles
Ltd could set up reliable virtual meeting platforms (e.g. Zoom or Microsoft Teams) to
broadcast the AGM live and allow shareholders to speak, ask questions, and vote
electronically.
However, the company must ensure that the electronic medium is accessible, secure, and
that proper notice is given specifying electronic participation details, to uphold the
principles of fairness, transparency, and inclusivity enshrined in the Act (Cassim et al.,
2012).
QUESTION 2
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SA Renewables Ltd and Green Energy Ltd are indeed related companies within the
meaning of section 2(1)(a) and (b) of the Companies Act. According to section 2(1)(a), two