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Question 10 Not yet answered Marked out of 2 The articles of association of Maerua (Pty) Ltd provide that for as long as two of

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Question 10 Not yet answered Marked out of 2 The articles of association of Maerua (Pty) Ltd provide that for as long as two of its directors, Magogo and Blackie, are members of the company no resolution taken by the members will be of any effect unless Magogo and Blackie, or whomever of them is at that time a member of the company, has voted in favour of the resolution. At a meeting of the company, Blackie is removed as a director by majority vote under section 228 of the Companies Act. He was present at the meeting but voted against the resolution. Blackie wants to apply to court for an order setting aside his removal as director and declaring that he is still a director of the company. Advise him in this regard. Select one: O a Blackie will not be successful in his court action because the Companies Act provides that a director can be removed "notwithstanding anything in its memorandum or articles or in any agreement between it and any director". O b. Blackie will be successful in his court action because a director cannot act against the company O c. Blackie will be successful in his court action, because the constitution of a company constitutes a binding contract between the company, its members and directors. O d. Blackie will not be successful in his action because he did not have a separate contract of employment with the company

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