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Department of Mercantile Law: Recent submissions

Now showing items 61-80 of 178

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 appointment of a proxy “at any time” in terms of section 58 of the Companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater Estates NPC [2018] ZASCA 11

Madlela, Vela (North West University, 2019)

Section 58(1) of the Companies Act 71 of 2008 gives a shareholder the right to appoint a proxy "at any time" for the purpose of participating in, speaking and voting on behalf of that shareholder at a shareholders′ meeting, ...
Representation of a company when contracting with another person under South African company law: Makate v Vodacom (Pty) Ltd [2016] ZACC 13

Madlela, Vela (Nelson Mandela University, 2018)

A company is an artificial person and has no mind, will or hands of its own. It is, therefore, compelled to act through human agents. The board of directors is responsible for the management and direction of the business ...
Director and executive remuneration clawbacks: a suggested approach for South Africa

Madlela, Vela (Nelson Mandela University, 2018)

The purpose of this article is to explore clawbacks as a means of addressing problematic executive remuneration through an examination of the approaches adopted by the US, Australia, and certain European Union (EU) member ...
Legislative controls on director and executive termination payments in the UK and Australia – lessons for South Africa

Madlela, Vela (Nelson Mandela Metropolitan University, 2016)

The awarding of termination payments to departing company directors and senior executives has attracted a lot of controversy in many jurisdictions in light of the excessive nature and size of termination packages, as well ...
The copyright protection of musical works : a historical and contextual analysis

Baloyi, Jele Joel (2019-02)

This work is concerned with an analysis of the copyright protection of musical works. Musical works form part of the categories of works protected under copyright law. It would be easy to dismiss musical works as not ...
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 ...
The device of weighted votes in blocking the removal of directors from office under the South African Companies Act 71 of 2008

Cassim, Rehana (Journal of African Law, 2019-07)

A director may serve a company in more than one capacity. In his capacity as a shareholder, a director may hold voting rights in the company. One consideration regarding the removal of a director from office is their removal ...
The regulation of non-standard employment in Southern Africa : the case of South Africa with reference to several other SADC countries

Mokofe, William Manga (2018-11)

This doctoral thesis deals with the regulation of non-standard employment in Southern Africa: the case of South Africa with reference to several other SADC countries. The growth and presence of non-standard employment since ...
The powers and authority of directors to act on behalf of a company under South African law

Frantzen, Erinda (2019-01)

As a company is a juristic person it can only act through human agency. A question that arises because of this fact is under what circumstances a company can be held to a contract by a third party where its representative ...
Third-party litigation funding agreements : a comparative study

Khoza, Mpho Justice (2019-01)

In third-party litigation funding agreements, funders agree to finance a litigant’s litigation on condition that the funder will deduct a specified percentage from the capital awarded to the litigant in the event of success. ...
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 ...
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 ...
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 ...
The fair dealing doctrine in respect of digital books

Verhoef, Gerardus (2017-12)

Copyright is essentially the right of the rightsholder of an original work to prohibit others from making or distributing unauthorised copies of his or her work. More specifically for this dissertation, when an end user ...
The regulation of unsolicited electronic communications (SPAM) in South Africa : a comparative study

Tladi, Sebolawe Erna Mokowadi (2017-06)

The practice of spamming (sending unsolicited electronic communications) has been dubbed “the scourge of the 21st century” affecting different stakeholders. This practice is also credited for not only disrupting electronic ...
A critical analysis of the removal of directors by the board of directors and the judiciary under the Companies Act 71 of 2008

Cassim, Rehana (2018-04)

Section 71(3) of the Companies Act 71 of 2008 has introduced into South African company law a provision which for the first time permits the board of directors to remove another director from office in certain specific ...
The realisation of rights in terms of the Consumer Protection Act 68 of 2008

Scott, Tshepiso (2018-06)

The thesis examines the enforcement of consumer rights in South Africa, and is set against the backdrop of the underlying principles and theories on the enforcement of consumer protection law. It then analyses the various ...
A comparative study of the effects of liquidation or business rescue proceedings on the rights of the employees of a company

Joubert, Engela Petronella (2018-07)

Whenever legal disciplines overlap interesting scenarios occur and differences in opinions create intellectual tension. One such interesting scenario occurs when employees’ rights are affected during a company’s liquidation ...
A critical analysis of the security of foreign investments in the Southern African Development Community (SADC) region

Ngobeni, Tinyiko Lawrence (2018-04)

Foreign investments in SADC are regulated by Annex 1 of the SADC Protocol on Finance and Investments (SADC FIP), as well as the laws of SADC Member States. At present, SADC faces the challenge that this regime for the ...

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