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Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework
Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613531837300736 |
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| access_status_str | Open Access |
| author2 | Botha, Monray Marsellus |
| author_browse | Botha, Monray Marsellus |
| author_facet | Botha, Monray Marsellus |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/76676 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:38.105Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/76676 Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework Botha, Monray Marsellus buhle.mkwa@gmail.com Mkwananzi, Sizalobuhle Sibongumuzi Mpo Insider Trading Regulation UCTD Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020. Anti-insider trading provisions were initially enacted to inter alia; enhance confidence in South African financial markets by contributing to the maintenance of a stable financial market environment by promoting the international competitiveness of investors in securities services in the country. In attempts to determine whether the Insider trading regulations are indeed effective at deterring insider trading contraventions as well as enforcing contraventions thereof, the research will subsequently examine the relevant legislation which pertains to insider trading in South Africa as well as analyse any definitional ambiguities and difficulties caused therein. Wherefore other than where the definitions in the legislation is lacking, the research will further discuss what additional problems are drawn from the current legislative insider trading framework. An analysis will be done regarding the difficulties experienced by the Financial Sector Conduct Authority (hereafter the FSCA or the Regulator) as the entity responsible for the supervision of compliance with market abuse provisions in discharging of its duties as a result of the current legislation and/or the lack of clarity therefore. A comparative study will consequently be conducted in the research to establish how Australia has arguably become acknowledged to have the most progressive and developed market abuse legislation in the world compared to that of South Africa. Ultimately, recommendations will be presented using the above comparisons on what mechanisms can be adopted to improve on South Africa’s regulation of insider trading. Mercantile Law LLM Unrestricted 2020-11-02T07:52:26Z 2020-11-02T07:52:26Z 2021-04 2020-10 Mini Dissertation Mkwananzi, SSM 2020, Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/76676> A2021 http://hdl.handle.net/2263/76676 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Insider Trading Regulation UCTD Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title | Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title_full | Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title_fullStr | Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title_full_unstemmed | Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title_short | Theoretical and practical difficulties in regulating insider trading in South Africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| title_sort | theoretical and practical difficulties in regulating insider trading in south africa and possible mechanisms of improvement of shortcomings in the regulatory framework |
| topic | Insider Trading Regulation UCTD |
| url | http://hdl.handle.net/2263/76676 |