Browsing Magister Legum - LLM (Mercantile and Labour Law) by Author "Wandrag, Riekie"
Now showing items 1-20 of 32
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A Critical analysis of section 129 of the companies act 71 of 2008
Barends, Richard Heinz (University of the Western Cape, 2017)A company forms an important part of a community in which it conducts business. It, therefore, has a direct impact on the economic and thus the social well-being of that community through its employees, suppliers and ... -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa : foreign precedents and local choices
Smit, Imogan (University of the Western Cape, 2016) -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa: foreign precedents and local choices
Smit, Imogan (University of the Western Cape, 2016)The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, ... -
Combating financial misconduct by ensuring the implementation of a financial literacy requirement for directors and audit committee members
Goldberg, Brittany Ann (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 ... -
Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
Lempere, Solomon (University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
Corporate governance failures in South Africa: Are pension funds next?
Enoos, Zaakir (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 ... -
Critical analysis of the insider trading framework of Tanzania
Williamu, Ghati (University of the Western Cape, 2015)This study is on the insider trading framework of Tanzania. The researcher has made enquiries whether the Tanzania legal framework governing insider trading provides strong enough enforcement mechanisms, including remedies ... -
A critical review of corporate governance reforms relating to South African state-owned enterprises
Mekwe, L. P. (University of the Western Cape, 2015)Corporate governance reform is an important aspect of broader reforms aimed at securing an environment attractive to both domestic and foreign investors and that enhances the benefits of investment to society. Of particular ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
Gomachas, Roswitha Mildred Melina (University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
Chingota, Ricky (University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ... -
The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors
Mohiudeen, Safia (University of the Western Cape, 2018)The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place ... -
Evaluating the legal burden of good corporate governance on small and medium enterprises in South Africa in view of the Covid-19 pandemic
Atlegang, Motsamai (University of Western Cape, 2021)In simple terms corporate governance can be defined as a system by which companies are directed and controlled by its board of directors.1 Good Corporate Governance in a company is of prime importance as it ensure the ... -
An evaluation and discussion of a deposit insurance system: Should South Africa adopt such a system?
Khoza, Bongani Terrence (University of Western Cape, 2020)The research will evaluate and discuss the importance of Deposit Insurance Systems (DIS) and the necessity of having this system. Important to the evaluation is an analytical consideration of how the South African Reserve ... -
Examining privatisation as a solution to rescue South African state-owned entities
Ganda, Sibulelo (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 ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
Nduna, Chipo (University of the Western Cape, 2020-04-19)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
Foreign direct investment in Cameroon: establishing effective investment regulations
Mujih, Onorine Fombason (University of the Western Cape, 2012)Foreign Direct Investment (FDI) began as a worldwide phenomenon in the 19th and early 20th centuries. Even then, it formed only a small portion of foreign investments for decades, as a greater percentage took the form of ... -
Harmonisation of corporate governance laws in the Southern African Development Community
Makwaiba, Emmanuel Themba Junior (University of the Western Cape, 2015)In terms of the SADC Regional Indicative Strategic Development Plan (RISDP), the main objective of the community is to achieve a monetary union through the creation of a regional central bank by 2016 and adoption of a ... -
The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
Ajayi, Olagoke Akinfemi (University of the Western Cape, 2019)There is a growing concern around new patterns of negotiating international investment agreements vis-a-vis the recent withdrawals from Bilateral Investment Treaties (BITs) by developing countries. In recent times, the ... -
The importance of competition policy and law in managing foreign direct investment in the Tripartite Free Trade Area - lessons to be learnt from South Africa and the European Union
Whale, Marilyn Heather (The University of the Western Cape, 2017)With the coming into force of the Tripartite Free Trade Area (TFTA) and the anticipated increase in trade between TFTA members, the need to regulate multijurisdictional business transactions will likely create an anomaly, ... -
The market abuse control legislative regime of South Africa, Nigeria and the United Kingdom - an approach to regulation and monitoring in relation to certain aspects of the financial markets of South Africa
Packies, Hilton (University of the Western Cape, 2015)The regulation of market abuse is currently an ever evolving subject, to such an extent that it has been placed as a high priority for regulators worldwide.¹ The Financial Markets Act 19 of 2012 (FMA) of South Africa² ...