The use of legal provisions by civil society organisations to advance corporate governance in state-owned enterprises in South Africa

Gudo, Julieth

The use of legal provisions by civil society organisations to advance corporate governance in state-owned enterprises in South Africa

Doctoral Thesis

2021

Abstract

Civil society organisations (CSOs) in South Africa, as citizen representatives, have been involved in challenging the ongoing poor corporate governance of state-owned enterprises that has caused tensions between citizens and the government. In doing so, civil society organisations demand accountability, transparency and citizen participation in state-owned enterprises governance. The problem is that their role in challenging state-owned enterprises is undefined in both law and literature and this uncertainty has resulted in an unsatisfying legal environment for them and in a strained relationship between themselves and government. The purpose of this research is to examine the legal provisions used by civil society organisations to advance good corporate governance in state-owned enterprises in South Africa by means of literature review, case studies and interviews. Existing provisions used by civil society organisations are explained in the study, loopholes in such provisions identified and measures that CSOs use to hold those responsible for poor governance in stateowned enterprises accountable for their actions discussed, consequently closing the existing gap on the undefined role of CSOs in the corporate governance of SOEs. The research demonstrates that there is need for an enabling legal environment through the speedy and effective amendment of existing laws and the introduction of legal provisions that give express authority to CSOs to challenge poor governance on the part of SOEs. Also critical is an enforcement of laws so that those responsible for poor corporate governance in SOEs are held accountable.

Keywords

Commercial Law

Reference:

Collections

PhD / Doctoral

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