Piercing the corporate veil

Abstract

Abstract provided by author

This dissertation paper is based on a comparison of the Companies Acts of Zambia, Namibia and South Africa in order to be able to derive guidelines from the older statutes on how the Namibian courts should interpret the country's new Companies Act 28 of 2004. The guidelines that will be looked at will be based on how the courts in South Africa and Zambia have interpreted the provisions within the Act that pertain to statutory piercing of the corporate veil. In the final analysis, a conclusion will be drawn and recommendations made on the way forward for the Namibian courts, that is whether to adopt the English Law interpretations used in Zambian courts or to make use of the interpretations of the South African courts since this was the Act in use prior to the enactment of the current Act. The recommendations to be made will be based on principles of equity and justice.