La Lucia Sands Share Block Limited v Barkhan and Others

The first and second respondents requested access to, or copies of, the register of members of La Lucia Sands Share Block Limited, a share block company, in order to make offers to purchase members’ shareholdings. La Lucia Sands refused to provide members’ addresses and related details, citing privacy concerns and alleging that the respondents intended a hostile takeover. After prolonged refusal, the respondents applied to the KwaZulu-Natal High Court, which ordered access in terms of s 113 of the Companies Act 61 of 1973. La Lucia Sands and its directors appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The first appellant was ordered to pay the respondents’ costs.

The case affirms the strong statutory right of access to company registers of members under South African company law and clarifies that privacy concerns of shareholders do not ordinarily override this right. It underscores transparency in corporate governance and confirms that courts will generally enforce access unless an unlawful purpose is shown.