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1. This application concerns an urgent interdict to restrain respondents from acting in breach of a commercial shareholder agreement, pursuant to the provisions of Section 163 of the Companies Act 71 of 2008.
2. As enunciated in the locus classicus Setlogelo v Setlogelo 1914 AD 221, the Applicant must demonstrate: (a) a prima facie right; (b) a well-grounded apprehension of irreparable harm; (c) the balance of convenience favoring the Applicant; and (d) the absence of any other satisfactory remedy.
3. In respect of the balance of convenience, the Supreme Court of Appeal held in Cool Ideas 1186 CC v Hubbard 2014 (4) SA 474 (CC) that equity principles must align with constitutional values when evaluating commercial contracts.
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