Companies Act, 1973 (Act No. 61 of 1973)

Chapter VII: Administration of Companies

Voting Rights and Voting

198. Right to demand a poll

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1)Any provision contained in a company's articles shall be void in so far as it would have the effect-
a)of excluding the right to demand a poll at a general meeting on any question other than the election of the chairman of the meeting or the adjournment of the meeting; or
b)of rendering ineffective a demand for a poll made-
i)by not less than five members having the right to vote at such a meeting; or
ii)by a member or members representing not less than one-tenth of the total voting rights of all the members having the right to vote at the meeting; or
iii)by a member or members entitled to vote at the meeting and holding in the aggregate not less than one-tenth of the issued share capital of the company.

 

2)The instrument appointing a proxy to vote at a meeting of a company shall be deemed also to confer authority to demand or join in demanding a poll, and for the purposes of subsection (1), a demand by a person as proxy for a member shall be the same as a demand by the member.