COMPANIES BILL - Department of Trade and Industry

132relation to the management, business or property of the company or closecorporation at the time.(9) A declaration placing a person under probation—(a) may be made subject to any conditions the court considers appropriate,including conditions limiting the application of the declaration to one or moreparticular categories of companies; and(b)subsists for a period not exceeding five years, as determined by the court at thetime it makes the declaration, subject to subsections (11) and (12).(10) Without limiting the powers of the court, a court may order, as conditionsapplicable or ancillary to a declaration of delinquency or probation, that the personconcerned—(a)(b)(c)undertake a designated programme of remedial education relevant to thenature of the person’s conduct as director;carry out a designated programme of community service;pay compensation to any person adversely affected by the person’s conduct asa director, to the extent that such a victim does not otherwise have a legal basisto claim compensation; or(d) in the case of an order of probation—(i) be supervised by a mentor in any future participation as a director whilethe order remains in force; or(ii) be limited to serving as a director of a private company, or of a companyof which that person is the sole shareholder.(11) A person who has been declared delinquent, other than as contemplated insubsection (6)(a), or is subject to an order of probation, may apply to a court—(a) to suspend the order of delinquency, and substitute an order of probation, withor without conditions, at any time more than three years after the order ofdelinquency was made; or(b) to set aside an order of—(i) delinquency at any time more than two years after it was suspended ascontemplated in paragraph (a); or(ii) of probation, at any time more than two years after it was made.(12) On considering an application contemplated in subsection (11), the court may—(a) not grant the order applied for unless the applicant has satisfied any conditionsthat were attached to the original order, or imposed in terms of subsection(11)(a); and(b)grant an order if, having regard to the circumstances leading to the originalorder, and the conduct of the applicant in the ensuing period, the court issatisfied that—(i)(ii)the applicant has demonstrated satisfactory progress towards rehabilitation,andthere is a reasonable prospect that the applicant would be able to servesuccessfully as a director of a company in the future.(13) An applicant in terms of subsection (4) must serve the Commission with a copyof the application.Relief from oppressive or prejudicial conduct51015202530354045163. (1) A shareholder or a director of a company may apply to a court for relief if—(a) any act or omission of the company, or a related person, has had a result thatis oppressive or unfairly prejudicial to, or that unfairly disregards the interestsof, the applicant;(b) the business of the company, or a related person, is being or has been carriedon or conducted in a manner that is oppressive or unfairly prejudicial to, orthat unfairly disregards the interests of, the applicant; or50(c) the powers of a director or prescribed officer of the company, or a personrelated to the company, are being or have been exercised in a manner that isoppressive or unfairly prejudicial to, or that unfairly disregards the interestsof, the applicant.55(2) Upon considering an application in terms of subsection (1), the court may makeany interim or final order it considers fit, including—(a) an order restraining the conduct complained of;(b) an order appointing a liquidator, if the company appears to be insolvent; 60