South African Broadcasting Corporation Soc Limited and Another v Former Chief Operations Officer: Motsoeneng and Others ; South African Music Legends Forum v South African Broadcasting Corporation Soc Limited and Another (Intervention Application) (GP01/2021) [2021] ZAST 20 (15 November 2021)

Application to intervene – locus standi - the intervener ought to establish its locus standi to bring the application in its founding affidavit. The intervener is a Non-Profit Company (NPC) registered in terms of the Companies Act. The intervener’s founding affidavit describes the intervener as an organization whose intention, purpose and goal is to advocate and promote various interests of South African Music Legends (SAML). Its business activities as described are not confirmed in its CIPC registration certificate, attached to the founding affidavit. The certificate states that its business activities are not restricted.

An NPC is required to set out in its Memorandum of Incorporation (MOI), at least one object of the company. The object of a NPC ascribes to it the power to act. The object of a NPC must either be of a public benefit or relate to one or more cultural social activities, or communal group or interest. The Directors a NPC are also required to employ all the company assets and income to advance the company object(s) as stated in its MOI.2 They may not act beyond its object as stated in its MOI or employ the company’s resources towards any activity unless the activity advances its objects.

The intervener’s MOI, setting out its objects, is not attached to the founding affidavit. The averment in the intervener’s founding affidavit is insufficient to establish the intervener’s capacity to advocate for the interests of SAMLs. So is the inscription in the intervener’s CIPC registration certificate that its business activities are not restricted This omission is fatal to the intervener’s locus standi to intervene in these proceedings.

Order - Application dismissed with costs.