Now showing items 1-10 of 93
Investor protection in empowerment schemes of arrangements and joint ventures.
In this paper, I have attempted to highlight the problems that face investors, both black and white, in South Africa, especially in the light of the effects of the new legislation promulgated after apartheid was abolished. ...
A critical analysis of the role of disclosure in strengthening corporate governance and accountability.
This dissertation critically analyses the role of disclosure in strengthening corporate governance and accountability to determine whether a prescriptive system of disclosure is of greater efficacy than a voluntary regime. ...
The shortcomings of the common law and the Companies Act 61 of 1973 in regulating executive remuneration in South Africa : is the code of corporate practices and conduct the answer for listed companies?
King II articulated in an open manner, issues of disclosure, transparency, comparator ren1lmeration packages and a robust approach to the paYment of con1pensation in relation to poorly performing directors. While directors ...
Contractual exemption clauses under the South African Constitution : an examination of the potential impact of public policy and Ubuntu on such provisions.
This dissertation will examine the current state of our common law in relation to its treatment of exemption clauses in contracts, and will focus on recent developments which may augur greater scope and a new approach to ...
The impact of the precautionary principle and the SPS agreement on international trade.
WTO Agreements have failed to adequately cater for the needs of developing countries. The WTO Agreements, particularly the SPS Agreements has failed to take into account the special needs of developing and least developing ...
The impact and origin of employee rights in Chapter 6 of the Companies Act 71 of 2008.
No abstract available.
A critical exploration of the fiduciary duties of a director to act in good faith and for a proper purpose in respect of a company and an evaluation of the developments from common law to statute.
The subject of fiduciary duties of directors is viewed as a cornerstone of modern company law. The subject of fiduciary duties of directors is of paramount importance as directors have an abundance of discretionary powers ...
A thorough examination regarding the standard of skill and care to be exercised by a director in terms of the common and statutory laws and an overview of the business judgement rule : a company law perspective.
As a nationally and internationally recognised legal phenomenon the duty of a director to act within and adhere to a required standard of skill and care is of significant importance. Through a number of “tug of war” ...