Removal of a Director Under the Companies Act 71 of 2008

REMOVAL OF A DIRECTOR UNDER THE COMPANIES ACT 71 OF 2008The purpose of this article is to clarify the circumstances under which a director of a company may be removed within the provisions of the Companies Act, No 71 of 2008 (hereafter ‘the Act’).

A ‘director’ is defined in section 1 of the Act as ‘a member of the board of a company, as contemplated in section 66, or an alternative director of a company and includes any person occupying the position of a director or alternate director, by whatever name designated’. This definition applies to all directors, whether they are formally appointed or de facto directors, who are not formally appointed. In terms of section 71 of the Act, a director may be removed by the shareholders or the Board of Directors at any time.

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