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The duty to disclose personal financial interest and its implications on good corporate governance and company efficiency with specific reference to SOC’s
(University of the Western Cape, 2021)
The common law duties have been preserved by the partial codification of the duties of directors in terms of the Companies Act of 2008 (‘2008 Act’). One such duty is the duty to disclose personal financial interest in terms ...
The evolving role of the company secretary and its impact on corporate governance
(University of the Western Cape, 2020)
This research paper has examined whether and to what extent current legislation must be amended to make provision for the evolving role of the company secretary. The significance of the problem will be discussed by considering ...
Corporate governance failures in South Africa: Are pension funds next?
(University of Western Cape, 2021)
In recent times, South Africa (‘SA’) has seen many corporate failures due to poor corporate governance. It spans across Johannesburg Stock Exchange (‘JSE’) listed companies, State Owned Enterprises (’SOE’s’)1 as well as ...
Combating financial misconduct by ensuring the implementation of a financial literacy requirement for directors and audit committee members
(University of Western Cape, 2021)
Before the 1990s, corporate governance was a very rarely used term within the business world.1 Corporations over time have become more influential, larger and more complex within the global economy; therefore to ensure ...
The South African business judgement rule – An analysis of the rationality standard for reviewing the conduct of a director
(University of the Western Cape, 2023)
The legal nature of a company is that of an artificial person, which exists separately from the management and shareholders of that company.1 Consequently, it lacks the ability to act on its own and must act through ...
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)
Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ...
Examining privatisation as a solution to rescue South African state-owned entities
(University of the Western Cape, 2023)
The term ‘state-owned entity’ (SOE) has no universal definition. ‘SOE’ refers to businesses founded by central and local governments and managed by government officials.1 An SOE can also be understood as a legal entity ...
The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)
According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ...