scholarly journals South African Mandatory Offers Regime: Assessing Minorities’ Leverage to Seek Recourse and Equal Treatment in Takeover Bids

2020 ◽  
Vol 13 (2 (incomplete)) ◽  
Author(s):  
Paul Nkoane
Keyword(s):  
South African ◽  
Equal Treatment ◽  
Takeover Bids

scholarly journals Disqualification for non-compliance with public tender conditions

2014 ◽  
Vol 17 (6) ◽  
pp. 2314
Author(s):  
P Bolton
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
South African ◽  
Public Procurement ◽  
Limpopo Province ◽  
Equal Treatment ◽  
The Supreme Court ◽  
International Instruments ◽  
Tender Evaluation ◽  
Court Of Appeal

When government entities procure goods or services, they generally  consider and award contracts only to bidders who complied with the  specifications and conditions of tender as laid down in the tender invitation. Tenders received must in other words be conforming, compliant or  responsive. This enables procuring entities to compare tenders on an equal footing and ensures equal treatment amongst bidders. In South Africa the extent to which bidders must comply with tender specifications and  conditions is a thorny issue in practice. In 2008 the Supreme Court of Appeal in Millennium Waste Management (Pty) Ltd v Chairperson, Tender Board: Limpopo Province confirmed the views of the courts in South Africa regarding compliance with tender conditions and the amendment of tenders before award. The recent 2013 decision of the Supreme Court of Appeal in Dr JS Moroka Municipality v The Chairperson of the Tender Evaluation Committee of the Dr JS Moroka Municipality, however, has  moved public procurement regulation in South Africa to a point where  procuring entities have very limited discretionary powers when evaluating compliance with tender specifications and conditions. This paper argues for an approach that allows procuring entities in South Africa more discretion when evaluating compliance with tender specifications and conditions. In doing so, reliance is placed on the treatment of "responsiveness" in  international instruments as well as the views of the South African courts since first they were confronted with the issue.

scholarly journals Expanding the suite of measures of gender-based discrimination: gender differences in ablution facilities in South Africa

2012 ◽  
Vol 15 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Renier Steyn
Keyword(s):  
South Africa ◽  
South African ◽  
Equal Treatment ◽  
Measurement Tool ◽  
International Treaties ◽  
Shopping Centres ◽  
The Difference ◽  
Gender Based ◽  
South African Cities ◽  
Respective Number

 International treaties, national legislation and local by-laws all advocate the equal treatment of men and women, but claims of gender-based discrimination continue. Indicators of discrimination against women, including employment ratios and differences in income, show that there have been considerable gains in the recent past. These measures are, however, often biased. In this study a different, specific and concrete method of describing and detecting discrimination is presented, namely the difference in the number of ablution facilities provided for each gender group in public spaces. Ablution facilities at airports, train stations and shopping centres in four major South African cities (N=128) were inspected. Medium to large differences in the respective number of facilities were found (eta2 .05 to .13), with women receiving fewer service facilities than men. These results suggest that, despite progressive legislation and vigorous affirmative action in South Africa, local women are still being discriminated against on a very concrete, visible level. The effectiveness of the measurement tool is also discussed.

scholarly journals The impact of securities regulation in the European Union on M&A: Does it compensate to go beyond borders?

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rita Monteiro ◽  
Sónia Silva
Keyword(s):  
European Union ◽  
Investor Protection ◽  
Equal Treatment ◽  
The European Union ◽  
Content Type ◽  
Cross Border ◽  
Eu Directive ◽  
Takeover Bids ◽  
The Impact ◽  
The Eu

Purpose The purpose of this study is to examine the impact of the transposition of the EU directive that regulates M&As on cross-border deals. Acquirers of targets located in the European Union (EU) must comply not only with takeover rules set individually by member states but also with European Council Directives. The most significant of these Directives in the context of mergers and acquisitions (M&As) is the Takeover Bids Directive (TBD). The intent of the Directive is to ensure equal treatment for all companies launching takeover bids or that are subject to a change in control, providing minimum harmonization rules in view of creating a transparent environment for cross-border takeovers. Design/methodology/approach This study uses the event-study and difference-in-differences approaches. Findings Using a sample of 2,129 M&As conducted between 2000 and 2015, this paper finds positive acquisition synergy for acquirers targeting firms from countries with stronger investor protection rules compared to the average of the EU, but no evidence regarding cross-border deals. The results support the prediction that regulation makes countries diverge more depending on their ex ante level of investor protection. Originality/value This study examines the impact of the enactment of the TBD on announcement returns of M&As in the EU.

South African investment climate faces further hurdles

2018 ◽  
Keyword(s):  
South African ◽  
Foreign Investment ◽  
Investment Climate ◽  
Content Type ◽  
Investor Confidence ◽  
Public Comment ◽  
The Government ◽  
Foreign Takeover ◽  
Security Test ◽  
Takeover Bids

Subject South African competition legislation concerns. Significance Draft amendments to South Africa’s 20-year-old competition legislation have been tabled in parliament, adding a new section that introduces a national security test for potential foreign takeover bids. The legislation is out for public comment and parliament will debate the new measures later this year. The government is aiming for them to be in place by end-2018. Impacts Recently trumpeted foreign investment deals secured by Ramaphosa are largely ‘pledges’ and may prove underwhelming. An above-inflation pay deal for Eskom workers will undermine investor confidence in Ramaphosa’s reform drive. Ongoing corruption allegations against key officials, including the deputy president, will undermine the government's anti-graft rhetoric.

Family Formations in Contemporary South Africa: Does South African Marriage Law Protect Lived Realities?

2020 ◽  
Author(s):  
Fatima Osman
Keyword(s):  
South African ◽  
Ad Hoc ◽  
Nuclear Family ◽  
Case Law ◽  
Equal Treatment ◽  
Marriage Law ◽  
Legislative Framework ◽  
Opposite Sex ◽  
The Law ◽  
Do So

Abstract In the 21st century, families are constituted differently to the typical Western Judeo-Christian nuclear family comprising of a mother, father, and children. While some individuals may marry, others may choose not to do so or, at the other end of the spectrum, marry several individuals. This article critically examines whether South African marriage law adequately protects contemporary family formations. The examination reveals that unfortunately – but perhaps not unsurprisingly – the heteronormative nuclear family continues to be positioned as the baseline for the conferral of rights with opposite-sex civil marriages often receiving the greatest protection in South African law. Despite the legislative recognition of civil unions and customary marriages, the realisation of rights by individuals in these fringe groups is hindered by the creation of a complex legislative framework and practical difficulties encountered in the implementation of the law. Furthermore, notwithstanding years of legislative deliberation on the matter, unmarried partners and those in religious marriages enjoy only ad hoc protection through case law and piecemeal legislative provisions. While judicial activism in this arena may be lauded, the limited nature of judgments has led to continuous litigation for the realisation of rights. Statutory reform is thus required to ensure the equal treatment of all marriages, reconcile and simplify existing statutory law, address practical difficulties in the implementation of the law, and govern social reality.

The Three-dimensional structure of frozen-hydrated nudaurelia capensis β virus

1987 ◽  
Vol 45 ◽  
pp. 650-651
Author(s):  
N. H. Olson ◽  
T. S. Baker ◽  
Wu Bo Mu ◽  
J. E. Johnson ◽  
D. A. Hendry
Keyword(s):  
South African ◽  
Rna Virus ◽  
Carbon Film ◽  
Three Dimensional ◽  
Dimensional Structure ◽  
Electron Dose ◽  
Total Electron ◽  
Three Dimensional Structure ◽  
Negative Stain ◽  
Dimensional Reconstruction

Nudaurelia capensis β virus (NβV) is an RNA virus of the South African Pine Emperor moth, Nudaurelia cytherea capensis (Lepidoptera: Saturniidae). The NβV capsid is a T = 4 icosahedron that contains 60T = 240 subunits of the coat protein (Mr = 61,000). A three-dimensional reconstruction of the NβV capsid was previously computed from visions embedded in negative stain suspended over holes in a carbon film. We have re-examined the three-dimensional structure of NβV, using cryo-microscopy to examine the native, unstained structure of the virion and to provide a initial phasing model for high-resolution x-ray crystallographic studiesNβV was purified and prepared for cryo-microscopy as described. Micrographs were recorded ∼1 - 2 μm underfocus at a magnification of 49,000X with a total electron dose of about 1800 e-/nm2.

Suicidal Behavior in Black South Africans

Crisis ◽  
2003 ◽  
Vol 24 (1) ◽  
pp. 24-28 ◽  
Author(s):  
Lourens Schlebusch ◽  
Naseema B.M. Vawda ◽  
Brenda A. Bosch
Keyword(s):  
South African ◽  
Suicidal Behavior ◽  
Health Care Facilities ◽  
South African Society ◽  
South Africans ◽  
The Past ◽  
The People ◽  
Care Facilities ◽  
Black South Africans ◽  
To Come

Summary: In the past suicidal behavior among Black South Africans has been largely underresearched. Earlier studies among the other main ethnic groups in the country showed suicidal behavior in those groups to be a serious problem. This article briefly reviews some of the more recent research on suicidal behavior in Black South Africans. The results indicate an apparent increase in suicidal behavior in this group. Several explanations are offered for the change in suicidal behavior in the reported clinical populations. This includes past difficulties for all South Africans to access health care facilities in the Apartheid (legal racial separation) era, and present difficulties of post-Apartheid transformation the South African society is undergoing, as the people struggle to come to terms with the deleterious effects of the former South African racial policies, related socio-cultural, socio-economic, and other pressures.

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