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This study examines the relevance and reasons for the limited judicial application of the business judgment rule in section 76(4) of the Companies Act. The rule was introduced to shield directors from personal liability ...
Pazaropoulos-Koot, StellaMahommed, SafiaPienaar, Letitia(South African Medical Association (SAMA), 2025-04)
Managing and treating rare diseases is a global concern, largely because of their rarity and the complexities associated with their care.Robust ethico-legal frameworks governing rare diseases are essential as they establish ...
Insanity as a defence against criminal conduct has been known since antiquity. Going through significant reformulations across centuries, different jurisdictions across the globe, including Nigeria, have come to adopt ...
This contribution examines the human rights framework and legislative developments in South Africa on persons with mental illness, revealing that the initial focus of the legislation was on control and detention at the ...
The rule of law and constitutionalism are the pillars that support constitutional democracies. It is the judiciary that ensures that the rule of law and constitutionalism remain intact. For the judiciary to do so, it must ...
The traditional perception that trade-finance instruments are less susceptible to the risk of money laundering has changed due to the increasing threat of trade-based money laundering (TBML). In the process of facilitating ...
The derivative action, as practised in many jurisdictions worldwide, is a remedy by
which a shareholder in a company (generally a minority shareholder) institutes legal
action to protect the rights and interests of the ...
The issue of Islamic marriages and divorce within the South African legal framework has gained increasing attention over the past decade, primarily due to the historical lack of legal recognition and regulation of Muslim ...
This study critically evaluates the doctrine of common purpose in South African criminal law, a principle that attributes criminal liability to individuals for crimes committed by others within a joint criminal enterprise. ...
Cassim, Rehana(Potchefstroom Electronic Law Journal, 2025)
A significant innovation of the Companies Act 71 of 2008, contained in section 71(3), is that the board of directors of companies is empowered to remove directors from office. Within twenty business days directors so removed ...
Over the years, companies have turned to remuneration consultants for guidance on remuneration matters. Their assistance is often sought when companies’ remuneration committees lack sufficient time, knowledge or data to ...
An innovative provision of the Prevention and Combating of Corrupt Activities
Act 12 of 2004 is the recently introduced s 34A. This section establishes a new
offence: members of the private sector and incorporated ...
Cassim, Rehana(South African Mercantile Law Journal, 2024)
Over the years, executive remuneration has been significantly
increasing, and several jurisdictions have established specific corporate
governance measures to manage this remuneration. Establishing
effective remuneration ...
Cassim, Rehana(African Journal of International and Comparative Law, 2024)
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 ...
Cassim, Rehana(Comparative and International Law Journal of Southern Africa, 2024)
The role of chairman of the board of directors of a contemporary company has evolved from procedural and ceremonial to complex and demanding. This article examines the appointment, tenure, functions, and liabilities of ...
This article critically analyses the whistleblower recommendations of the State Capture Commission and the President of the Republic of South Africa’s response to implementing these recommendations. Three recommendations ...
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 ...
In Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (2023 (5) SA 68 (SCA)), the Supreme Court of Appeal was faced with the question whether the doctrine of piercing the corporate veil was broad ...