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Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive) director’s independence. Director tenure has recently come under ...
This note discusses and critically analyses the judgment in Organisation Undoing Tax Abuse v Myeni [2020] 3 All SA 578 (GP), in which the court declared a director delinquent for her lifetime, under s 162(5) of the Companies ...
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 ...
South African trade unions like trade unions elsewhere in Africa, played a crucial role in the struggle against oppression. They fought the oppressive governments mostly, in an alliance with democratic political organisations. ...
Cassim, Rehana(International and Comparative Corporate Law Journal, 2021-04)
Company law on de facto and shadow directors under the South African Companies Act 71 of 2008 is disconcertingly undeveloped. This weakness is worrying since South Africa has become notorious for the state capture of some ...
One of the recognised ways through which a firm may increase its market share or reorganise its presence in a market is through a merger. A merger occurs when independent firms combine their businesses. Section 12A of the ...
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 ...
Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under ...
This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South ...
In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a ...
Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack ...
Cassim, R(The Comparative and International Law Journal of Southern Africa, 2019)
The Companies Act 71 of 2008 introduced into South African law a provision which for the first time permits the board of directors to remove another director from office in certain instances. This provision is contained ...
This thesis critically examines the statutory unfair prejudice remedy provided for in section 163 of the Companies Act 71 of 2008 (‘the Act’). Section 163 is evaluated against its equivalents in England, Australia and ...
This article critically analyses the grounds for the removal from office of a director by the board of directors under s 71(3) of the Companies Act 71 of 2008. These grounds of removal are ineligibility, disqualification, ...
This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. ...
The right to education is entrenched in the Constitution of the Republic of South Africa, 1996. The Constitution, together with various policy documents, provides guiding principles for the transformation of higher education ...
The purpose of this dissertation is to understand the impact of the Consumer Protection Act 68 of 2008 (CPA) on the enforceability of exemption clauses, if any, with specific reference to sections 22, 48, read with regulation ...
The analysis of the study deal with the various challenges facing Africa transition to a knowledge economy. The significance of the study to address Africa’s overlooked and neglected knowledge produced locally from the ...
The aim of this paper is to analyse the application of intellectual property (IP) law in
agricultural innovation. Today, global agriculture and food industries are changing
due to new technological development. This study ...
Gebrehiwot, Tigist(Afronomics law in Association with the African International Economic Law Network, 2019-06-05)
Intellectual Property law has become the basis of a global market. The intensifying change needs of knowledge in the global economy has significant implications for Africa’s role in the global market.