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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 ...
Demand guarantees are essential for purposes of commerce and are used to secure the performance of the contractor. South African courts have held that demand guarantees are akin to letters of credit. Despite the independent ...
This research uses a comparative approach to explore the role and liability of internet service providers in South Africa. The research aims to analyse and compare the role and liability of internet service providers for ...
he primary aim of this thesis is to inquire into the impact of the Labour Relations Act 66 of 1995 as amended on the right to freedom of association. The thesis examines not only the constitutional and statutory context ...
The study comparatively scrutinised creditor protection mechanisms entrenched in South African Corporate law to determine their effectiveness in advancing creditor interests in company affairs. The enquiry was triggered ...
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. ...
South Africa has a membership of the United Nations, World Trade Organisation, African Union and South African Development Community.
Both United Nations’ Universal Declaration of Human Rights and the International Covenant ...
Affirmative action in South Africa has been the subject of much debate about redressing past discriminatory injustices and achieving a more equal and just society. This has been particularly relevant to achieving equality ...