Site Map | Search | Terms & Conditions - PAIA
Company Profile | Products | Support | Contact Us | Community
...facilitating access to information
Legal | Electronic Publications | Online Reference | Collection Management | Library Systems | Cataloguing | Interlending | Client Access
HomeProductsElectronic Publications (Online Journals) Abstract Information
JournalsElectronic Publishing
Abstract Info
Latest issues added
More on this service
Subscription FAQ

Abstract Information

Must a section 21 non-profit company be concerned only with charitable, benevolent or philanthropic activities? A closer look at the SCA judgment in Cuninghame v First Ready Development 249 : notes

  • Journal Title: South African Law Journal
  • Volume: Volume 127
  • Issue:  Issue 2
  • Publication Date: 2010
  • Pages: 195  - 207
  • Authors:  Tshepo H. Mongalo;
  • ISSN: 02582503
  • Abstract:  On 28 September 2009, the Supreme Court of Appeal in South Africa ('the SCA') delivered a judgment in Cuninghame v First Ready Development 249 [2010] 1 All SA 473 (SCA) regarding a section 21 company, the principal business of which was the management of a commercial hotel. The judgment, it is submitted, will have far reaching practical consequences for a substantial number of registered section 21 companies which undertake commercial objects for 'group or communal interests' as provided for under s 21(1)(b) of the Companies Act 61 of 1973 ('the 1973 Companies Act').
    The purpose of this case note is to analyse the judgment critically, with particular reference to whether a non-profit company, in the form of a section 21 company, can lawfully undertake a business with a view to advance a 'group or communal interest' unrelated to the promotion of religion, arts, sciences, education, charity, recreation or any other cultural or social interests (ie 'public benefit / charitable purposes').
  • Read this article

For subscription and additional information please contact us on:

  • Tel: +27 12 643-9500
  • email:
  • alternatively you can complete this form and one of our portfolio managers will contact you!

Sabinet Online Ltd. is Proudly South AfricanCompany Profile | Products | Support | Contact Us | Community
P O Box 9785 Centurion 0046 | | 0800 11 85 95
Copyright © Sabinet Online Ltd 2008. All Rights Reserved. Terms & Conditions. PAIA.