Back row (L to R): Donald Mokgehle (Captain), Shaun Coetzee, Tsepho Mohapi, Ruan Botha, Rigardt Barnard, Ralf Schulz, Rabie Smal and Andries Pete (Coach)
Front row (L to R): David Jiyane, Khulani Mabuza, Joseph Motaung, Kego Mnguni, Paul Motaung
The implications of a waiver of rights by directors
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’ in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.