The Links Gold Club and St Francis Links are preparing to defend themselves against the Companies and Intellectual Property Commission (CIPC) over their disclosure certificates.

The upmarket golf estate was informed that their certificates are being flagged for non-compliance with the CIPC in the process of amending their status.

News24 reports that the CIPC is preparing an affidavit to open a criminal case for referral to the NPA for failing to comply with the Companies Act.

The complaint was made by the Concerned Homeowners Group (CHOG) which attempted to resolve the concerns it had with the estate such as the interpretation of governance documents, the number of shares authorised and an issue regarding the Links Golf Club and the AGMs proceeding without reaching a quorum.

According to CHOG, it had discovered clauses and information in the homeowners’ association memorandum of incorporation which could negate its rights.

Investigator Unati Motau wrote in her report last year that the crux of the complaint was the board’s inability to accommodate a reasonable request for a meeting to provide clarity over the issues of shares, governance documents, and AGM quorum.

Mike Wylie, the chairperson for both boards for the estate, stated that the investigator's assertion that the estate had failed to comply with the notice was incorrect.

He added that they were seeking legal advice from the Companies Tribunal.

Full News24 report