LML4806 ASSIGNMENT 1
SEMESTER 1
2025
Company Law
, PREVIEW OF SOLUTION
Question 1:
In terms of section 58(1) of the Companies Act 71 of 2008, a shareholder has the
unequivocal right to appoint a proxy to attend, participate in, speak at, and vote on their
behalf at a shareholders’ meeting. This statutory right ensures that shareholders who are
unable to personally attend meetings are still able to exercise their voting rights through
a representative. Importantly, section 58(7) of the Act reinforces that this right cannot be
limited, restricted, or negated by the company’s Memorandum of Incorporation (MOI).
Therefore, Busi, as a shareholder of Strada (Pty) Ltd, has the right to appoint a proxy to
attend and vote on her behalf at the company’s annual general meeting (AGM), and any
attempt to limit this right through the MOI would be invalid.
SEMESTER 1
2025
Company Law
, PREVIEW OF SOLUTION
Question 1:
In terms of section 58(1) of the Companies Act 71 of 2008, a shareholder has the
unequivocal right to appoint a proxy to attend, participate in, speak at, and vote on their
behalf at a shareholders’ meeting. This statutory right ensures that shareholders who are
unable to personally attend meetings are still able to exercise their voting rights through
a representative. Importantly, section 58(7) of the Act reinforces that this right cannot be
limited, restricted, or negated by the company’s Memorandum of Incorporation (MOI).
Therefore, Busi, as a shareholder of Strada (Pty) Ltd, has the right to appoint a proxy to
attend and vote on her behalf at the company’s annual general meeting (AGM), and any
attempt to limit this right through the MOI would be invalid.
