The intersection between human rights and company regulation in South Africa: Reflections on Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings
Posted: 24 July, 2025 Filed under: Siyabonga Nyezi | Tags: Companies Act, Companies Act of 2008, constitution, Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings (2023-019694) [2024] ZAGPPHC 407, religious institutions, right to freedom of belief, right to freedom of conscience, right to freedom of opinion, right to freedom of religion, SNS Holdings (Pty) Limited, South Africa 1 Comment
Author: Siyabonga Nyezi
University of the Witwatersrand
The Constitution of South Africa confers upon all people the right to freedom of conscience, religion, belief, and opinion. It is unlikely that, when drafting section 15 of the Constitution, the legislature contemplated that this right would make its way into disputes relating to the regulation of companies. The facts in the recent case of Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings (2023-019694) [2024] ZAGPPHC 407 put to bed any doubts in that regard. My reflections on this decision in this article examines the limitation of human rights by the provisions of section 417.
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