Myeni’s ap­pli­ca­tion is dis­missed

The Star Early Edition - - BUSINESS REPORT -

SAA CHAIR­PER­SON Dudu Myeni’s ap­pli­ca­tion to have a com­pli­ance no­tice against her, is­sued by the Com­pa­nies and In­tel­lec­tual Prop­er­ties Com­mis­sion, set aside was dis­missed with costs by the Com­pa­nies Tri­bunal yes­ter­day. “The re­spon­dent (Com­pa­nies and In­tel­lec­tual Prop­erty Com­mis­sion) is­sued the com­pli­ance no­tice to the ap­pli­cant (Myeni) on Novem­ber 28, 2016. The ap­pli­cant com­plied with the com­pli­ance no­tice and, un­der protest, re­quested the re­spon­dent to is­sue a com­pli­ance cer­tifi­cate, which it did on Jan­uary 25, 2017,” Peter Veld­huizen of the tri­bunal’s pre­sid­ing panel said, pre­sent­ing the de­ci­sion at a me­dia brief­ing in Pre­to­ria. Veld­huizen said a com­pli­ance no­tice re­mained in full force un­til a com­pli­ance cer­tifi­cate was is­sued. Once a com­pli­ance cer­tifi­cate was is­sued, the tri­bunal said it no longer had ju­ris­dic­tion on the mat­ter. “The tri­bunal has no power to re­view and set aside a com­pli­ance cer­tifi­cate and any at­tempt to do so would be ul­tra vires (be­yond one’s le­gal power or author­ity), its pow­ers de­rived from the (Com­pa­nies) Act. This is so, de­spite the na­ture of the cir­cum­stances un­der which the com­pli­ance cer­tifi­cate was is­sued – in­clud­ing when the com­pli­ance cer­tifi­cate was is­sued un­der protest or where there are grounds to im­pugn the pre­ced­ing com­pli­ance no­tice,” Veld­huizen read out the find­ings. “The de­ci­sion is there­fore that the ap­pli­ca­tion for the re­view of the com­pli­ance cer­tifi­cate is dis­missed, with costs”. – ANA

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