ARTISTS United (AU) has lost its bid to stop the Southern African Music Rights Organisation (Samro) from holding its Extraordinary General Meeting online.
The matter was heard in the Joburg High Court on Wednesday, 10 December, before Judge Roland Terence Sutherland.
AU argued that previous online meetings were affected by technical glitches and an undemocratic voting process, which prevented many members from participating.
However, Judge Sutherland dismissed the application.
The meeting will take place on 11 and 12 December online.
"I therefore conclude that the application has failed on all three grounds. The application is dismissed. The applicant is to pay the respondents' costs," he said.
He stated that AU could not make demands on Samro.
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"Artists United can't bring the case to court. They are not part of Samro. Artists must come to court themselves," he said.
The judge further stated that Samro had not breached any laws in its memorandum of incorporation.
"Clearly, as a corporate entity, management of the company is in the hands of the directors, not members.
"Despite the grievances of the artists, there's no breach of contract. The absence of physical damage means there is nothing that affects their rights, and therefore it cannot constitute any harm," said the judge.
Speaking on behalf of the artists, Owen Ndlovu said the court felt members' rights were not infringed because online meetings are allowed.
"The judge feels that the rights of the members were not infringed because the law allows the meeting to be online. Our case was dismissed because there's an option for us to use an overflow venue at the Samro building, and the board has the right to decide that the meeting will be [held] online.
"The judge also referred to the Companies Act, which supports that the meeting can be held online," he said.
However, members are still allowed to gather at the Samro offices as an overflow venue for those who prefer to attend from there.
"We also went to the magistrates court, and we dealt with the issue of the venue there. We were allowed to have an overflow at the Samro offices. So, we are calling all Samro members to come in numbers on Friday. The venue takes about 300 people, minimum," he said.
"So, it's a good space. Let's meet there on Friday. That's now our overflow, based on what the magistrate in Westgate said. We can go there. It's legal. I will be there myself."
