Browsing Open Research Collection by Author "Cassim, Rehana"

Now showing items 1-20 of 23

An analysis of directors' fiduciary duties in the removal of a director from office

Cassim, Rehana (Stellenbosch Law Review, 2019-09)

The Companies Act 71 of 2008 (“the Companies Act”) introduced a provision into South African law that for the first time permits the board of directors to remove another director from office. This provision is contained ...
An Analysis of Market Manipulation under the Securities Services Act 36 of 2004 (Part 1)’

Cassim, Rehana (Juta Law, 2008)

This article analyses the regulation of market manipulation in South Africa under the Securities Services Act 36 of 2004. The rationale for regulating market manipulation is canvassed, as well as the regulation of market ...
An Analysis of Market Manipulation under the Securities Services Act 36 of 2004 (Part 2)’

Cassim, Rehana (Juta Law, 2008)

This article analyses the offences comprising disclosure-based market manipulation in South Africa under the Securities Services Act 36 of 2004. Disclosure-based market manipulation entails the dissemination of inaccurate ...
The Capital Maintenance Concept and Share Repurchases in South African law

Cassim, Farouk HI; Cassim, Rehana (The International Company and Commercial Law Review, 2004)

The South African Companies Act 61 of 1973 has partially abandoned the capital maintenance concept by repealing the statutory procedure for a reduction of share capital, by permitting dividends to be paid out of capital ...
Contesting the Removal of a Director by the Board of Directors under the Companies Act 71 of 2008

Cassim, Rehana (South African Law Journal, 2016)

The Companies Act 71 of 2008 has introduced into our company law a novel provision which permits the board of directors of a company under certain circumstances to remove a director from office, contained in s 71(3). While ...
A critical analysis of the judicial review procedures under section 71 of the Companies Act 71 of 2008

Cassim, Rehana (SA Mercantile Law Journal, 2018)

Section 71(5) of the Companies Act 71 of 2008 provides that a director who has been removed from office by the board of directors may apply to court to review the board's decision. If the board of directors decides not to ...
A critical analysis on the use of the oppression remedy by directors removed from office by the board of directors under the Companies Act 71 of 2008

Cassim, Rehana (Obiter, 2019)

Both sections 71(3) and 163 of the Companies Act 71 of 2008 are innovative in South African company law in that the former section permits the board of directors to remove a fellow director from office, while the latter ...
Delinquent Directors under the Companies Act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35

Cassim, Rehana (North-West University, 2016-10-03)

The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ...
Disclosure of Directors’ Remuneration under South African Company Law: is it adequate?

Cassim, Rehana; Madlela, Vela (South African Law Journal, 2017)

The remuneration of directors is a controversial issue in many jurisdictions in light of the global financial crisis and the escalating remuneration packages of directors. One way of managing the escalating levels of ...
The Escalation of Corporate Corruption during the Covid-19 Pandemic: Is the Anti-Corruption Framework of the Companies Act 71 of 2008 Adequate?

Cassim, Rehana (Stellenbosch Law Review, 2022)

During the Covid-19 pandemic corruption in South African companies, both state-owned and privately-owned, reached staggering proportions. This included bribery, procurement irregularities, overpricing and fraudulent deals ...
"Gardner v Margo: A Misapplication of Section 38 of the Companies Act"

Cassim, Rehana; Cassim, Maleka Femida (South African Law Journal, 2007)

This case note critically analyses the Supreme Court of Appeal case of Gardner and Another v Margo 2006 (6) SA 33 (SCA). One of the issues before the court was whether a guarantee given by a company in respect of a sale ...
"The Launching of Delinquency Proceedings Under the Companies Act 71 of 2008 by means of the Derivative Action: Lewis Group Limited v Woollam 2017 (2) SA 547 (WCC)"

Cassim, Rehana (Nelson Mandela University, 2017)

The case of Lewis Group Limited v Woollam (2016 JDR 1861 (WCC)) dealt with an application brought by Lewis Group Limited in terms of section 165(3) of the Companies Act 71 of 2008 for an order setting aside a demand served ...
The Legal Status of Political Protest Action under the Labour Relations Act 66 of 1995

Cassim, Rehana (Industrial Law Journal, 2008)

The right to protest on political issues has always been a controversial labour law issue. The Labour Relations Act 66 of 1995 does not explicitly permit or prohibit political protest action. However protest action to ...
Piercing the veil under section 20(9) of the Companies Act 71 of 2008: A new direction

Cassim, Rehana (Juta Law, 2014)

The Companies Act 71 of 2008 has introduced into our company law a statutory provision permitting courts to pierce the corporate veil, contained in s 20(9). While this provision is to be welcomed, it does however raise ...
Post-Resignation Duties of Directors: The Application of the Fiduciary Duty not to Misappropriate Corporate Opportunities

Cassim, Rehana (South African Law Journal, 2008)

This article examines when it would be appropriate to hold a former director accountable for the appropriation of corporate opportunities which take place after his resignation from a company. It identifies and discusses ...
Post-resignation survival of fiduciary duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) [2019] ZAWCHC 20 (5 March 2019)

Cassim, Rehana (Potchefstroom Electronic Law Journal, 2021)

In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties ...
The power to remove company directors from office: Historical and philosophical roots

Cassim, Rehana (Fundamina, 2019)

The Companies Act 71 of 2008 introduced into South African law a provision that, for the first time, empowers the board of directors to remove a director from office. This article contends that the novel power conferred ...
The Reform of Corporate Law in South Africa

Cassim, Rehana; Cassim, Femida (The International Company and Commercial Law Review, 2005)

Following a 30-year period of relatively little change to company legislation in South Africa, a comprehensive review of South African company law was undertaken by the South African Department of Trade and Industry. The ...
Removal of Directors of State-Owned Companies – SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289

Cassim, Rehana (Obiter Journal, 2019-06)

The case of SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289 deals with the removal of directors of state-owned companies and the constitutionality ...
The right of a director to participate in the management of a company: Kaimowitz v Delahunt 2017 (3) SA 201 (WCC)

Cassim, Rehana (Juta, 2018)

The case of Kamowitz v Delahunt 2017 (3) SA 201 (WCC) deals with an important question pertaining to section 66(1) of the Companies Act 71 of 2008, namely, to what extent do the duties of a company director include involvement ...

Browsing Open Research Collection by Author "Cassim, Rehana"

Browsing Open Research Collection by Author "Cassim, Rehana"

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