Barry v Clearwater Estates NPC & Others 2017 (3) SA 364 (SCA) - The SCA held that s58(1) cannot be altered and, accordingly, that the appointment of a proxy may take place at any time, as per the language of the section. In doing so, the SCA acknowledged that this interpretation may impose a significant practical administrative burden on organisations, in particular those with large numbers of shareholders or members, as with no cut-off for proxy appointments, appointments (and the resulting necessary validations prior to quorum and voting) may be made shortly before or at meetings.

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