COMMAND HOLDINGS LIMITED - Judgement in respect of proceedings instituted against directors

Release Date: 24/05/2013 17:30
Code(s): CMA
 
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Judgement in respect of proceedings instituted against directors

Command Holdings Limited
(Incorporated in the Republic of South Africa)
(Registration number 1999/014759/06)
Share Code: CMA ISIN Code: ZAE000023131
(“Command” or “the Company”)

JUDGEMENT IN RESPECT OF PROCEEDINGS INSTITUTED AGAINST DIRECTORS

Shareholders are advised that the Western Cape High Court (“the Court”) has earlier today delivered
judgement in respect of the Application in terms of Section 162 of the Companies Act 71 of 2008
instituted by Cape Empowerment Trust Limited (“the applicant”) against the Directors. The Court
has made the following Order (“the Order”) in respect of the aforementioned Application:

1. Kalman Gordon Druker, Mohamed Iqbal Parker, Mohamed Shaffie Mowzer and Francina
   Mabana Moshesh are declared delinquent in relation to the directorship each of them holds in
   Command in terms of section 162(2), read with sub-sections 162(5)(c)(i) and (iv)(aa) of the
   Companies Act, 71 of 2008.

2. The declaration of delinquency referred to in the preceding paragraph is limited to the
   directorship each of Kalman Gordon Druker, Mohamed Iqbal Parker, Mohamed Shaffie Mowzer
   and Francina Mabana Moshesh holds in Command and does not apply in any corporate entity
   the aforesaid respondents utilise in the conduct of practice of their profession.

3. Cornelius Tobias Vermaak, Yvonne Kelebogile Nono Mohutsioa-Mathabathe, Oscar Setsubi,
   Mokgabudi Lucky Masilela and Lerato Pretorius are placed under probation in relation to the
   directorship each of them holds in Command in terms of section 162(7)(a)(ii) of the Companies
   Act, 71 of 2008.

4. The placing under probation of Cornelius Tobias Vermaak, Yvonne Kelebogile Nono Mohutsioa-
   Mathabathe, Oscar Setsubi, Mokgabudi Lucky Masilela and Lerato Pretorius as indicated in
   paragraph (3) above shall not affect their directorship in any corporate entity Cornelius Tobias
   Vermaak, Yvonne Kelebogile Nono Mohutsioa-Mathabathe, Oscar Setsubi, Mokgabudi Lucky
   Masilela and Lerato Pretorius utilise in the conduct of practice of their profession.

5. The respondents are ordered to pay applicant’s costs, jointly and severally, the one paying the
   other to be absolved, on a party and party scale duly taxed or as agreed, such costs to include
   the costs consequent upon the employment of two counsel.

6. Anyone of the shareholders of Command who is a holder of voting rights entitled to be exercised
   in an election of a director may, within thirty days of the granting of the Order, convene a
   meeting for the purpose of electing such number of directors who will be charged with the
   responsibility of running the affairs of Command, until the Annual General Meeting shall have
   been held.

Shareholders are further advised that the Directors of Command have instructed Werksmans
Attorneys to note an appeal against the entire judgement. The Directors have been advised that in
terms of rule 49(11) of the Uniform Rules of Court, where an appeal has been noted the operation
and execution of the order in question shall be suspended, pending the decision of such appeal or
application, unless the court which gave such order, on the application of a party, otherwise directs.
By Order
Elton Arthur Rochert
The Company Secretary

Cape Town
24 May 2013

Sponsor
Deloitte & Touche Sponsor Services (Pty) Ltd

Attorneys
Werksmans Attorneys

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