21 June 2010
A non-obstante clause is usually used in a provision to indicate that the provision should prevail despite anything to the contrary in the provision mentioned in such non-obstante clause. In case there is any inconsistency or a departure between the non-obstante clause and another provision, one of the objects of such a clause is to indicate that it is the non-obstante clause which would prevail over the other clause.
Example: Clause starting with: Notwithstanding ....., the provisions of Clause ... shall prevail, if ...
As regards directors powers, they are always within the provisons of law and not above.
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