A court must declare a person delinquent if: 

  • he or she has consented to act as director while ineligible or disqualified –has acted as a director in a manner contrary to an order of probation; or
  • has acted as a director in a manner amounting to gross negligence, wilful misconduct or breach of trust.

The following may apply to a court for an order declaring a person delinquent or under probation:

A company;

  • A shareholder;
  • A director;
  • A company secretary or prescribed officer of a company;

  • A registered trade union that represents employees of the company or;
  • Another representative of the employees of a company;
  • Any organ of state responsible for the administration of any legislation;
  • The commission;
  • The Panel.

A person who has been declared a delinquent is disqualified from being a director of any company for between 7 years and life.