Official source
Source domain: companiestribunal.org.za
Collected on 28 July 2026
Always confirm details on the official source before acting.
What this means
The Companies Tribunal of South Africa decided an application under section 160 of the Companies Act 71 of 2008 regarding the company name of Mandela Trading (Pty) Ltd. The Tribunal held that the inclusion of the word “MANDELA” in the First Respondent’s name is confusingly similar to the Applicant’s registered “MANDELA” trademarks and falsely implies/creates a reasonable belief of association. An administrative order was granted directing Mandela Trading (Pty) Ltd to change its name within 60 calendar days and file a notice of amendment to its Memorandum of Incorporation; if it fails, the CIPC must change the name to the registration number followed by “(Pty) Ltd”.
Facts
Reference
CT02532/ADJ/2025
Key Takeaways
- Case No: CT02532/ADJ/2025
- Tribunal Presiding Member: Nomagcisa Cawe
- Date of Decision: 11 July 2026
- Applicant: Trustees for the Time Being of the Nelson Mandela Foundation Trust (IT 9259/99)
- First Respondent: Mandela Trading (Pty) Ltd (2024/200762/07)
- Second Respondent: Companies and Intellectual Property Commission (CIPC)
- Legal basis: application in terms of section 160 of the Companies Act 71 of 2008
- Held: name violates section 11(2)(b)(iii) and section 11(2)(c) (confusing similarity and misleading association)
- Order: First Respondent must change name to one not incorporating “MANDELA”
- Deadline: within 60 calendar days of receipt of the order
- If not complied: CIPC must change name to “2024/200762/07 (Pty) Ltd”
- Costs: no order as to costs (not opposed)
- Companies Tribunal of South Africa
- Nomagcisa Cawe
- Trustees for the Time Being of the Nelson Mandela Foundation Trust
- Nelson Mandela Foundation Trust
- Mandela Trading (Pty) Ltd
- Companies and Intellectual Property Commission (CIPC)
- Edward Nathan Sonnenbergs Inc. (ENS)
- Mbongiseni Buthelezi
- Tammi Lea Pretorius
Dates
Closing Date
11 July 2026