1
IN THE COMPANIES TRIBUNAL OF SOUTH AFRICA
CASE NO: CT02804ADJ2026
TANDISWA CHERLIEYEND HOPA APPLICANT
CIPC RESPONDENT
Presiding Member: Dr. M A Chicktay
Date of Decision: 30
th August 2026
DECISION
INTRODUCTION
1 The Applicant is Tandiswa Cherlieyend Hopa an adult male South
African with ID Number:XXXXXXXXXX088.
2 The application is brought in terms of Section 160(1) of the Companies
Act, 2008. requesting the Tribunal to review and set aside the CIPC's
refusal to reserve the name SAOSO.
2
APPLICANT’S SUBMISSIONS
3 On 15 April 2026, CIPC issued a COR9.5 Notice Refusing Name
Reservation (Reference: 9456681267). The refusal states that the
proposed names are "confusingly similar" to existing names, including
"SAOSO Foundation".
4 SAOSO is a long -standing, recognised sector name. The name
SAOSO stands for South African Organic Sector Organisation. It has
been used for many years in the organic agriculture sector as a
recognised coordinating body. The name is widely known among
farmers, NGOS, government stakeholders, and sector partners.
5 The Applicant seeks to formalise this long- standing identity through
proper registration.
6 The entity cited by CIP C SAOSO does not operate in the same
capacity. The Applicant's organisation is the sector body, not a
foundation. and the public is unlikely to confuse a national coordinating
body with a foundation, as their purposes, activities, and branding
differ significantly.
7 The organic sector in South Africa benefits from clarity, coordination,
and a unified national body. Approving the name SAOSO strengthens
governance, transparency, and accountability in the sector.
8 Refusing the name undermines continuity and creates confusion in the
sector. The name is distinctive and not misleading The acronym
SAOSO is unique and directly linked to the Applicant's long- standing
3
identity. The name does not mislead the public or imply association
with any other entity.
9 The Applicant is willing, if required, to include the full name "South
African Organic Sector Organisation" to further distinguish it.
10 The Applicant respectfully requests that the Tribunal set aside the
COR9.5 refusal; Order CIPC to reserve the name “SAOSO" (or "South
African Organic Sector Organisation").
RESPONDENTS SUBMISSIONS
11 The Respondent did not reply to the application.
APPLICABLE LAW
12 Reservation of names is governed by section 12 of the Companies
Act. Section 12 reads in the material part as follows:
"(2) The Commission must reserve each name as applied for in
the name of the applicant, unless —
(a) the applicant is prohibited, in terms of section I I(2)(a),
from using the name as applied for; or
(b) the name as applied for is already reserved in terms of
this section.
(3) If, upon reserving a name in terms of subsection (2), there
are reasonable grounds for considering that the name may be
inconsistent with the requirements of-
(a) section 11(2)(b) or (c)-
(i) the Commission, by written notice, may
require the applicant to serve a copy of the
application and name reservation on any particular
4
person, or class of persons, named in the notice,
on the grounds that the person or persons may
have an interest in the use of the name that has
been reserved for the applicant; and
(ii) any person to whom a notice is required to
be given in terms of subparagraph (i) may apply to
the Companies Tribunal for a determination and
order in terms of section 160."
13 Section 11 (2) of the Companies Act reads in the material part: "(2)
The name of a company must(a) not be the same as –
(i) The name of another company, domesticated company,
registered external company, close corporation or co-operative;
(ii) a name registered for the use of a person, other than the
company itself or a person controlling the company, as a
defensive name in terms of section 12(9), or as a business
name in terms of the Business Names Act, 1960 (Act No. 27 of
1960), unless the registered user of that defensive name or
business name has executed the necessary documents to
transfer the registration in favour of the company . . .
(b) not be confusingly similar to a name, trade mark, mark, word
or expression contemplated in paragraph (a) unless -
(i) in the case of names referred to in paragraph (a)(i), each
company bearing any such similar name is a member of the
same group of companies;
(ii) in the case of a company name similar to a defensive
name or to a business name referred to in paragraph (a)(ii), the
company, or a person who controls the company, is the
registered owner of that defensive name or business name ...
EVALUATION
6 The Respondent applied sections of the Act incorrectly when refusing
to register the Applicants proposed name.
7 The name that the applicant is requesting is not the same as that
stated by the Respondent. Nor has the name proposed similar.
Therefore section 12(2)(a) does not apply and the respondent must
reserve the name.
5
8 The Applicant has used the name for many years in the organic
agriculture sector and is widely known among farmers, NGOS,
government stakeholders, and sector partners. The Applicant's
organisation is the sector body, not a foundation. and the public is
unlikely to confuse a national coordinating body with a foundation, as
their purposes, activities, and branding differ significantly.
9 Since the Respondent is indicating that the name is “confusingly
similar it must apply section 12(3), by written notice, requiring the
applicant whose name was reserved, to serve a copy of the application
and name reservation on any particular person, or class of persons,
named in the notice, on the grounds that the person or persons may
have an interest in the use of the name that has been reserved for by
the applicant. Only after the notification process is complete, will
section 160 and the powers of the Tribunal apply . No application as
referred to above is before the Tribunal in this matter.
10 Whether the respondent wants to apply the process in section 12(3) is
within its discretion but it cannot circumvent that process by deciding
that section Il(2)(b) and/or (c) has not been complied with. That is
reserved for the Tribunal in terms of section 160 of the Act.
ORDER
11 The respondent is required to register the name applied for by the
applicant.
12 The registrar of the Tribunal is instructed to bring this ruling to the
attention of Companies and Intellectual Property Commission.
Dr. MOHAMED ALLI CHICKTAY
MEMBER OF THE COMPANIES TRIBUNAL