Browsing by Subject "corporate governance"

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    Corporate governance regulatory framework in Zambia: recommendations for improvement
    (2011) Luwabelwa, Walubita; Wiese, Tobias
    Formulating an effective regulatory framework for a country is a tasking exercise even to the finest policy maker. It calls for an appreciation of the intricate social, cultural and economic nuances of a country so as not to divorce the legal and institutional framework from the people the framework is meant to serve. This dissertation considers the legal and institutional framework of corporate governance in Zambia. It argues in favour of a contextualised study of corporate governance in Zambia due to the country's high poverty levels, favourable geographical location for trade, and unfavourable capital structures of public listed companies, among other reasons. Several weaknesses in the current corporate governance framework are identified. These include the weak institutional capacity of private regulatory bodies, lack of a proper legal framework of self regulatory organisations, and the large number of small and medium enterprises, mining companies and state owned enterprises that fall outside the purview of corporate governance regulation. More importantly, the dissertation undertakes a comparative analysis of selected corporate governance themes in South Africa, United States of America and the United Kingdom. Based on this comparative analysis, it makes recommendations for improvement of corporate governance in Zambia. It suggests a balanced mix of a prescriptive and enabling approach to corporate governance regulation in Zambia. In particular, it recommends that the Zambian Companies Act should be amended to provide for key corporate governance aspects. The dissertation however cautions against over regulation beyond what is necessary for Zambia's needs, and frowns upon adopting a 'one-size-fits-all' approach to corporate governance in Zambia.
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    Open Access
    Freedom of speech, the right to privacy, defamation or misconduct: what rights do employees have when making workplace-related statements on social networking websites, and what of the rights of the employer? a critical analysis of legislation and case law, both in South Africa and internationally
    (2011) Simoes, Caroline; Rycroft, Alan
    The rapid global expansion of social networking, and its impact in the workplace, is leading to increasing pressure on both employers and employees to monitor and manage their interactions on such media more carefully, in order to protect the employment relationship, and both individual and company reputations in the. wider public arena. The purpose of this paper is to critically analyse the rights of both employers and employees with regards to comments and statements made on social networking sites, particularly with regards to the potential impact of such statements in the workplace. The paper will assess the tension between the individual's rights to freedom of speech and privacy, as compared to the employer's right not to be defamed, or for its employees to commit misconduct in the workplace. This analysis will consist of an assessment of both the South African and international situation including the United States of America, United Kingdom, Australia, New Zealand and Canada; by critically analysing legislation, case law and other literature on the topic relating to these particular geographical regions. The result of the research shows that there is a complex interplay between the relevant individual and employer rights, and that the courts will be required to assess all of the facts in totality in relation to a given matter in order to determine whether or not a dismissal for comments made via social media is fair. This will include an assessment of the risks posed to both parties, including breach of employee privacy rights, through the illegitimate accessing of their postings, as well as the risk to employers of vicarious liability, for actions by their employees during the scope of their employment which may negatively impact third parties. On this basis the paper will recommend that employers implement clear and detailed policies with regards to the usage of social networking sites in, or related to, the workplace; and that employees utilize other mechanisms available to them for airing frustrations and grievances, such as, internal grievance procedures and employee assistance programmes; in order not to be found guilty of misconduct based on comments made via social networking media.