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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 ...
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.
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 ...
Gebrehiwot, Tigist; Cornelius, Steve; Korsten, Lise(University of Pretoria, 2019)
This study considers expanding beyond the current collective understanding of research on the impact of global food and agriculture laws on Africa's food security. This paper aims to answer two basic questions: are the ...