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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 ...
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. ...
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 MarlizeBrits, 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 ...