Problem
Read the case of Organisation Undoing Tax Abuse v Myeni (case number 15996/2017). In this case, the High Court of South Africa (Gauteng Division) declared Ms. Myeni a delinquent director under section 162(5) of the South Africa Companies Act, 2008. The Namibian Companies Act 28 of 2004 does not have a statutory remedy equivalent to section 162. If the fact of Myeni concerned a director of a Namibian company, how do you think the matter would have been decided? In your answer, address the following from a Namibian perspective, referring both to common law and the Companies Act: (a) the relevant breaches of duties; (b) who may institute action for the relevant breaches; and (c) the possible remedies against the delinquent director.