Corporate Takeover and Public Policy in South Africa

Author(s):  
Kealeboga J. Maphunye ◽  
Robert A. Dibie
Author(s):  
Marianne Bertrand ◽  
Sendhil Mullainathan ◽  
Douglas L. Miller

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Howard Chitimira ◽  
Vivienne A Lawack

This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of the market abuse prohibition in South Africa in order to increase awareness on the part of the general public, policy-makers and other relevant stakeholders. To this end, the article provides an overview analysis of selected role-players as well as their distinct functions in the investigation, prevention and combating of market-abuse practices in South Africa. This is done by discussing the roles of the Financial Services Board, the Directorate of Market Abuse and the Enforcement Committee.


10.3386/w7594 ◽  
2000 ◽  
Author(s):  
Marianne Bertrand ◽  
Douglas Miller ◽  
Sendhil Mullainathan

Urban Forum ◽  
2008 ◽  
Vol 19 (4) ◽  
pp. 363-380 ◽  
Author(s):  
Jurie van Niekerk ◽  
Lochner Marais

2016 ◽  
Vol 5 (1) ◽  
pp. 31-36
Author(s):  
Nyawo Gumede ◽  
Kwame Asmah-Andoh ◽  
Md Humayun Kabir

Many perspectives have been propounded and written about the restructuring and privatisation reform. However, this paper endeavours to give a South African approach to the reform profoundly delving into its historical approach on the original definition, methods, factors, criteria and goals of the reform. This paper seeks to demonstrate that this reform has its origins in the apartheid government policy which was intended at strengthening and revitalising the apartheid political economy in the 1980s. The thinking that the private sector runs enterprises in a more efficient, effective, competitive and profitable way and that such an approach may be applied to the State Owned Enterprises with success in an effort to reduce government debt and improving the operational performance, attracted the then South African government into adopting this neoliberal trajectory. State Owned Enterprises compared to their private counterparts performed poorly and suffered heavy losses and ultimately drained government financially. The then South African government initiated a white paper on privatisation and deregulation in 1987 which culminated in the implementation of the restructuring and privatisation reform in South Africa. Thus, this paper posits that the privatisation and restructuring reform originated from the then South African government policy initiatives in the 1980s.


Author(s):  
Aubrey Sibanda

The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a plethora of contemporary legal disciplines in South Africa, this article contends that the reception of the concept in corporate law remains constrained. Identifying shareholder relationships as an important feature of the corporate firm, the author presents a persuasive case for the infusion of ubuntu and its underlying equity considerations in the interpretation of the oppression remedy which is currently provided under section 163 of the Companies Act 71 of 2008. The article discusses the remedy from different legal perspectives which find synchrony in the concept of ubuntu. The contribution adds to emerging legal scholarship advocating the alignment of South African corporate law with constitutional principles.


Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Robert Sharrock

The South African courts have recognized that the relative situation of contracting parties when concluding the contract – the strength of their bargaining positions relative to each other – is a relevant factor when determining whether a particular provision in the contract (or the contract as a whole) is contrary to public policy. However, there are relatively few cases in which the court has actually relied upon inequality of bargaining power as a ground for holding that a contractual provision is illegal. In Uniting Reformed Church, De Doorns v President of the Republic of South Africa (2013 (5) SA 205 (WCC) (the “URC case”)), Zondi J held that one of the reasons why a clause common to certain notarial leases was contrary to public policy was because the contractants had not occupied equal bargaining positions when entering into the leases. Whether or not one fully agrees with the judge’s reasoning, the decision underscores the importance of understanding what is meant by relative bargaining strength and how and when it affects the lawfulness of a contract.


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