Browsing by Author "Mnyamana, Zenande"

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    The Constitutionality of the beneficial ownership disclosure requirements in terms of the Companies Act 71 of 2008
    (University of the Western Cape, 2024) Mnyamana, Zenande
    The Constitution of the Republic of South Africa, 1996 provides that its supremacy is not only a value, but also a binding and enforceable provision on its own. Section 2, which houses the supremacy clause, leaves little to no room for interpretation, simply stating that the Constitution is the supreme law of South Africa and providing, in part, that any law or conduct inconsistent with it is invalid. This is later reiterated in subsequent provisions, for instance s39(2) that provides that courts when interpreting legislation must promote the spirit, purport and objects of the Bill of Rights. The importance of the Constitution can be seen in the Companies Act 71 of 2008 (the Companies Act), which provides that one of the purposes of the Act is to promote compliance with the Bill of Rights as provided for in the Constitution, in the application of company law.