The investigation comes after Smith alleged that Singh fraudulently took ownership of two companies, Lahleni Lakes and Finishing Touch Trading.

Smith and Singh bought over the Lahleni Lakes development after it ran into financial trouble.

Also read: Fight for ownership Lahleni Lakes

a CIPC investigation was launched after Smith filed a complaint with them in February 2016, alleging that he was fraudulently removed as director from both Lahleni Lakes and Finishing Touch, by faking his signature.

A supporting affidavit by Jan van Dyk, company secretary for both Lahleni Lakes and Finishing Touch, told of how he removed Smith as director from Lahleni Lakes in 2014 and Finishing Touch in 2012 by forging his signature.

Also read: Another twist in Lahleni Lakes saga

Smith wanted the CIPC to intervene in order to establish the truth to ensure that their records are accurate. The investigation led to a request for Singh, as director of both companies, to appear before a board of inquiry.

Singh failed to appear and instead launched an application to have the investigation set aside.

Singh’s lawyers claimed that the inquiry was unlawful as the investigation commenced more than three years after the act that was the cause for the complaint, also that the CIPC has not been supplied with all the information necessary for the investigation and that Singh was not subpoenaed correctly after he failed to appear before the board.

Judge Annali Christelle Basson said that the application before her related to a request by Smith to the CIPC to investigate in order to ensure that their records are accurate.

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Smith did not request Basson to rule on the dispute of his directorship.

Judge Basson said that the CIPC has an obligation to maintain up-to-date, accurate information about companies.

The possibility that their records might continue to reflect inaccuracies, justifies an investigation regardless of when the initial alleged wrong commenced as there was a possible ongoing wrong.

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All that is required for someone to lodge a complaint with the CIPC is a statement from the complainant to indicate the alleged wrongdoing of the subject of the complaint.

She ruled that although the initial subpoena for Singh to appear before the board of inquiry was incorrectly done via email, it was rectified days later when it was delivered by hand via a sheriff. Singh’s application was dismissed with costs