A Critical Analysis of the Amendments Proposed to the Social and Ethics Committee by the Companies Amendment Bill, 2018
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Authors
Cassim, Rehana
Issue Date
2021
Type
Article
Language
en
Keywords
social and ethics committee , Companies Act 71 of 2008 , Companies Amendment Bill, 2018 , ethics mandate of the social and ethics committee , composition of the social and ethics committee , exemptions from appointing a social and ethics committee
Alternative Title
Abstract
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 Regulations, 2011. These new provisions are critically discussed in this article. Although some of these provisions are commendable, others give rise to certain concerns examined here: the lack of clarity in the functions of the social and ethics committee, the proposed amendments regarding its appointment and composition, and the ambiguity in the exemptions from the requirement to appoint this committee. This article also suggests further amendments to the current legislative provisions regarding this committee.
Description
Citation
(2021) 33(2) South African Mercantile Law Journal 153-175
Publisher
South African Mercantile Law Journal
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
1015-0099