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Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects ...
This note critically analyses the judgment in Miller v Natmed Defence (Pty) Ltd
2022 (2) SA 554 (GJ), in which the court ruled on the validity of the removal of a
director by the company’s sole shareholder. Three issues ...
Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties could face serious consequences, such as liability for breach ...
There has been a progressive shift in shareholder activism in South Africa as shareholder demands for greater levels of accountability, reasonable executive remuneration and disclosure and transparency are increasing. ...
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 ...
Cassim, Rehana(South African Mercantile Law Journal, 2021)
The Companies Amendment Bill, 2018 proposes certain changes to the social and ethics committee established in terms of section section 72(4) of the Companies Act 71 of 2008 and regulation regulation 43 of the Companies ...
The Constitution of South Africa, 1996 with its Bill of Rights in general, and section 28 in particular, gives special protection to the rights of children. The Bill of Rights recognises children as a vulnerable group in ...
Bekink, Mildred(Pretoria University Law Press, 2004)
The standard of the child's best interest has often been described as a golden thread that runs through the whole fabric of the South African law relating to children. The best interest of the child concept as such hasbeen ...
Koekemoer, Michel Marlize; Brits, Reghard(Lexis Nexis, 2020-11)
Hervorming van die Suid-Afrikaanse reg insake sekerheidstransaksies: Die waarde
van ’n vergelyking met regsinstrumente op internasionale- en streeksvlak
Die artikel ondersoek hoe die Suid-Afrikaanse regsraamwerk vir ...
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 ...
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 ...
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 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, ...
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 ...