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Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement

For the past six and half years a great deal of attention has been devoted to the reform of South African company law. The reform process commenced in September 2003, when the Department of Trade and Industry (DTI) initiated a reform programme that included a review of existing securities regulation...

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Main Author: Hendricks, Ebrahiem
Other Authors: Ncube, Caroline
Format: Thesis
Language:English
Published: Department of Commercial Law 2014
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access_status_str Open Access
author Hendricks, Ebrahiem
author2 Ncube, Caroline
author_browse Hendricks, Ebrahiem
Ncube, Caroline
author_facet Ncube, Caroline
Hendricks, Ebrahiem
author_sort Hendricks, Ebrahiem
collection Thesis
description For the past six and half years a great deal of attention has been devoted to the reform of South African company law. The reform process commenced in September 2003, when the Department of Trade and Industry (DTI) initiated a reform programme that included a review of existing securities regulation and, of corporate structures and practices in the area of corporate governance. Subsequently, in March 2004 (and updated in June 2004) the DTI published a policy document on corporate law reform entitled 'South African Company Law for the 21st Century: Guidelines for Corporate Law Reform'. This policy paper explained that company law in South Africa would be reviewed and modernised. The objectives of the reform process were to align it with international trends and to accommodate the economic and legislative changes that have taken place in South Africa since the advent of democracy in 1994. The policy paper also explained that this reform process would occur in two stages. Firstly, urgent interim changes would be brought by the Corporate Law Amendment Act No 24 of 2006. The Act provided for, amongst others, assistance to acquire shares and greater protection of minority shareholders in respect of takeovers .The Act came into effect on 14 December 2007. Secondly, the new Companies Act will repeal and replace the entire Companies Act No 61 of 1973, when it becomes operational.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
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publisher Department of Commercial Law
publisherStr Department of Commercial Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/4631 Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement Hendricks, Ebrahiem Ncube, Caroline For the past six and half years a great deal of attention has been devoted to the reform of South African company law. The reform process commenced in September 2003, when the Department of Trade and Industry (DTI) initiated a reform programme that included a review of existing securities regulation and, of corporate structures and practices in the area of corporate governance. Subsequently, in March 2004 (and updated in June 2004) the DTI published a policy document on corporate law reform entitled 'South African Company Law for the 21st Century: Guidelines for Corporate Law Reform'. This policy paper explained that company law in South Africa would be reviewed and modernised. The objectives of the reform process were to align it with international trends and to accommodate the economic and legislative changes that have taken place in South Africa since the advent of democracy in 1994. The policy paper also explained that this reform process would occur in two stages. Firstly, urgent interim changes would be brought by the Corporate Law Amendment Act No 24 of 2006. The Act provided for, amongst others, assistance to acquire shares and greater protection of minority shareholders in respect of takeovers .The Act came into effect on 14 December 2007. Secondly, the new Companies Act will repeal and replace the entire Companies Act No 61 of 1973, when it becomes operational. 2014-07-30T18:14:35Z 2014-07-30T18:14:35Z 2010 Master Thesis Masters LLM http://hdl.handle.net/11427/4631 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Hendricks, Ebrahiem
Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
thesis_degree_str Master's
title Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
title_full Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
title_fullStr Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
title_full_unstemmed Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
title_short Towards Good Corporate Governance in South Africa: Private Enforcement versus Public Enforcement
title_sort towards good corporate governance in south africa private enforcement versus public enforcement
url http://hdl.handle.net/11427/4631
work_keys_str_mv AT hendricksebrahiem towardsgoodcorporategovernanceinsouthafricaprivateenforcementversuspublicenforcement