Browsing by Author "Mongalo, Tshepo"

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    Is the 'little man' finally protected? : an exploration of minority shareholder protection in South Africa under the Companies Act of 2008
    (2009) Gitonga, Anthony; Mongalo, Tshepo
    Includes bibliographical references.
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    Open Access
    An overview of company law reform in South Africa: From the Guidelines to the Companies Act 2008
    (Juta Law, 2010) Mongalo, Tshepo
    This article provides a broad overview of the company law reform process. The contribution does not attempt to discuss substantive provisions of the Companies Act 71 of 2008. Instead, the author explains the process followed in the drafting of this groundbreaking piece of legislation. The article begins by setting out the underlying fundamental objectives which drove the process of reforming company law in South Africa. Then it discusses the structure established for the completion of the process, starting with the appointment of the Project Manager, the establishment of the working committees on broad company law areas to assist the process of preparing drafter's instructions, the establishment of the local and international reference teams to advise on policy and legislative consistency, the drafting and consultation processes, the introduction of the legislation into Parliament, the passing of the legislation by Parliament and the signing of the Act into law by the President. Finally, the article explains the process which still needs to unfold between the signing of the law by the President and the scheduled implementation later in 2010.
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    What 15 the role of corporate governance as a sub-species of corporate law in the level of corporate risk taking?
    (2010) Becker, Cleo Roxanne Zsa-zsa; Mongalo, Tshepo
    Following the major corporate collapses of the past decade, companies around the world have been considering whether these collapses are a result of the failure of directors of corporations to curb their appe_tite for excessive risk taking. A director's duty to promote the success of the company places great pressure on directors to maximise profits in the short term. In addition to shareholder pressure directors are tempted with huge bonuses and remuneration packages for producing short term profits. This paper will examine how corporate governance as a sub-species of corporate Jaw can work effectively with regulation to prevent and discourage excessive risk taking behaviour.
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    Open Access
    What is the role of corporate governance as a sub-species of corporate law in the level of corporate risk taking?
    (2009) Becker, Cleo; Mongalo, Tshepo
    The Aim of this paper is to highlight the possible causes of the current global financial crisis; both legal and regulatory, and to examine how corporate governance, as a sub-species of corporate law can be used to curb excessive risk taking. This paper will examine the failure of current corporate law and regulation to curb excessive risk taking behaviour and present proposals for reform of the existing system. This necessitates comparison between South Africa, the U.S.A (particularly the State of Delaware) and the United Kingdom, where the crisis has lead to recent legislative and regulatory reforms.
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    What is the role of the shareholders vis-a-vis other security holders within the context of shareholder corporate governance with, respect to South African Companies Act 2008?
    (2010) Maleya, Mary Reba Chabeda; Mongalo, Tshepo
    Post-Apartheid South Africa is an altogether different place politically, socially and economically. Due to the rapid changes since 1994, several laws have been amended or repealed to reflect the newly found democracy. One such law is the Companies Act. This paper examines the proposed Companies Act 71 of2008 together with its 1973 counterpart with special emphasis on the definition and role of the shareholder for corporate governance purposes. In this paper, I seek answers to the following questions: Has the definition of the term shareholder for purposes of corporate governance changed in the proposed Act? Can one confer upon other security holders rights previously exclusively reserved for the traditional shareholder? What the real implications are if any, of such conferment? Whether effectively the position of the traditional shareholder has been usurped or weakened or remains the same? Whether there is a shift in the corporate governance ideology within the new proposed legislation in the South African context and who the real beneficiaries are? In seeking answers to the above questions, this paper consequently examines the various definitions of a shareholder including those under the current and . proposed Companies Acts and further carries out a comparative analysis between South Africa and a three other jurisdictions. It also examines the definitions and rights accruing to the other security holders not traditionally deemed as shareholders. It then examines whether there has been conferment of governance rights previously exclusive to traditional shareholders upon these other security holders and the effects of such conferment if any. Lastly, the paper examines whether there is a paradigm shift in corporate governance ideology within the jurisdiction and whether or no_t it is ideal for the South African context.