The dynamics of corporate governance in South Africa: broad based black economic empowerment and the enhancement of good corporate governance principles

This paper illustrates the effect of BBBEE on good corporate governance. Corporate governance and specifically directors’ duties relating to stakeholder protection are focused on. Traditionally, directors are expected to manage a company in the best interests of the shareholders collectively. The question arises as to whether directors should also consider the interests of other stakeholders, inter alia employees, creditors, the environment and the community. The South African Broad Based Black Economic Empowerment Act 53 of 2003, not only aims at correcting racial imbalances, but also strives to promote social investment and the empowerment of communities. By adhering to this act, directors will by implication consider the interests of the community and give effect to the triple-bottom line approach when managing a company. This paper will illustrate the unique dynamics of corporate governance in South Africa

The dynamics of corporate governance in South Africa: broad based black economic empowerment and the enhancement of good corporate governance principles

This paper illustrates the effect of BBBEE on good corporate governance. Corporate governance and specifically directors’ duties relating to stakeholder protection are focused on. Traditionally, directors are expected to manage a company in the best interests of the shareholders collectively. The question arises as to whether directors should also consider the interests of other stakeholders, inter alia employees, creditors, the environment and the community. The South African Broad Based Black Economic Empowerment Act 53 of 2003, not only aims at correcting racial imbalances, but also strives to promote social investment and the empowerment of communities. By adhering to this act, directors will by implication consider the interests of the community and give effect to the triple-bottom line approach when managing a company. This paper will illustrate the unique dynamics of corporate governance in South Africa

Informal social security : a legal analysis

With the dawn of democracy, the South African social security system was in dire need of change. The right of access to social security was for the first time entrenched as a fundamental right in the 1995 Constitution. Since then, many changes have been effected to the present formal social security system, but these were mostly ad hoc and lacked a comprehensive approach. The past history of the country led to the exclusion of the majority of the population from formal social security protection. The excluded and marginalised had to rely on informal social security measures to provide social protection. This resulted in a system of co-existence between formal and informal social security. Although informal social security is increasingly recognised as part of the social security landscape, the role and importance of informal social security have largely been ignored in all reforms to improve the protective scope of the present social security system. The thesis aims to change this. Informal social security has been denied a rightful place in the South African social security landscape. The thesis recommends a model as to how the divide between formal and informal social security can be bridged. This model will, it is hoped, serve as a baseline for stimulating debate and generating new innovative ideas as to how to improve the present social security system in South Africa.JurisprudenceLL

Social Security: a conceptual view

No Abstrac