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Browsing College of Graduate Studies by Author "Havenga, Michele"

Browsing College of Graduate Studies by Author "Havenga, Michele"

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  • Company directors- fiduciary duties, corporate opportunities and confidential information 
    Havenga, Michele (Juta, 1989)
    The recent decision in Sibex Construction (SA) (Pty) Ltd v InjectasealCC 1988(2) SA 54(T) once again focuses attention on the general duty owed by a director to his company not to make personal use ofconfidential ...
  • Competing with the Company- When Does a Director Breach His or Her Fiduciary Obligation? 
    Havenga, Michele (Juta, 1995)
    It is generally accepted that the paramount duty of directors, individually and collectively, is to exercise their powers bona fide in the best interests ofthe company. This fiduciary principle leads to the question as ...
  • Corporate Opportunities: A South African Update (Part 1) 
    Havenga, Michele (1996)
    The principles of the South African company law is currently under comprehensive review to consider their possible reform.' One ofthe areas under close scrutiny is corporate governance. 2 This contribution concentrates ...
  • Corporate Opportunities: A South African Update (Part 2)* 
    Havenga, Michele (Jula, 1996)
    The fiduciary duties of a director arise only once the appointment as director takes effect.' The leading authorities suggest that they may extend beyond resignation from office, which will hold a director accountable ...
  • Creditors, Directors and Personal Liability under Section 424 of the Companies Act 
    Havenga, Michele (Juta, 1992)
    Various rules and statutory provisions attempt to protect the interests of company creditors. The rules concerned with the maintenance ofcapital, for example, are based on the assumption that the creditors of a company ...
  • Director's Co-liability for delicts 
    Havenga, Michele (Juta Law, 2006)
    It is an established principle of company law that a company is a separate legal entity and that as a general rule, incorporation confers the benefi t of limited liability on its shareholders and directors (see Salomon ...
  • Director's Secret Profit- Accounting to the Company 
    Havenga, Michele (Juta, 1991)
    The successful acquisition of the Distillers Company (hereafter referred to as 'Distillers') by Guinness (hereafter 'Guinness') during 1986 caused an outrage in Britain. One of the consequences ofthe bid for Distillers ...
  • Directors in Competition with Their Companies 
    Havenga, Michele (Juta Law, 2004)
    The duty of directors to act in good faith and in the best interests of the company is beyond dispute. Where to draw the parameters of this obligation is at times a little more difficult. Uncertainties in this area include ...
  • Directors' Fiduciary Duties under our future company-law regime 
    Havenga, Michele (Juta, 1997)
    As a separate legal entity or juristic person which exists apart from its management and shareholders, a company must necessarily act through individuals.1 The functions and responsibilities of corporate directors, who ...
  • Directors’ Co-liability for Delicts 
    Havenga, Michele (Juta. © 2006. All rights reserved., 2006)
    It is an established principle of company law that a company is a separate legal entity and that as a general rule, incorporation confers the benefi t of limited liability on its shareholders and directors (see Salomon ...
  • Duties of the company chairman 
    Havenga, Michele (Juta Law, 2005)
    The position of the company chairman has, in recent years, acquired considerable signifi cance. This note considers the duties of the chairman and whether higher standards may in future be imposed on this offi cer than ...
  • Member's Personal Liability for the Debts of a Close Corporation after Deregistration 
    Havenga, Michele (Juta, 2002)
    A corporation formed under the Close Corporations Act 69 of 1984 becomes a juristic person upon registration. Subject to the provisions of the Act, it continues to exist as a juristic person despite changes which may ...
  • Regulating directors' duties and South African company law reform 
    Havenga, Michele (NMMU Faculty of Law, 2005)
    It has for some time been apparent that South African company law needs to be comprehensively rewritten. Far-reaching changes have occurred since the previous revision that led to the Companies Act of 1973. Amongst other ...
  • The Regulation of Directors' self-serving Conduct: Perspectives from Botswana and South Africa 
    Kiggundu, John; Havenga, Michele (2004)
    Recent scandalsin the corporateworld have drawn attention to the extent and diversity of corporate malpractice and the need to curb them. Effective corporate governance practices encourage vigilance, transparency, acc ...
  • Security for costs in corporate litigation 
    Havenga, Michele (2005)
    This principle is entrenched in the Bill of Rights. Section 34 of the Constitution of the Republic of South Africa Act 108 of 1996 provides that everyone has the right to have any dispute that can be resolved by the ...
  • Shareholder participation in Corporate Governance 
    Havenga, Michele; Esser I (2008)
    Corporate governance is a wide term defined in different ways by commentators. In essence it relates to the manner in which corporations are regulated and managed.1 Principles of good corporate governance are usually ...
  • Simplification and Unification in Corporate and Insolvency Law- Are We Making Any Progress? 
    Havenga, Michele (Juta, 2001)
    'We must not hesitate to innovate forcefully and fearlessly ifnecessary .... We must keep abreast of company law developments in the United States, Australia, Canada and particularly the common market countries-and where ...

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