by Matodzi Ratshimbilani In the face of widespread malfeasance, barefaced disregard of the law governing both private and state-owned companies, the debate on the role and liabilities of directors has dominated public discourse in the recent past. The focus on the role of directors is justified...
by Matodzi Ratshimbilani As KPMG recycles faces to lead this once reputable audit firm and issues endless apologies for its role in the state capture project, another big five audit firm, Deloitte, has to defend itself as some of its partners appear before its professional watchdog,...
by Matodzi Ratshimbilani The testimony of the former minister of public enterprises Barbara Hogan before the Zondo commission on state capture has highlighted long standing incongruity that beset the directors of state-owned companies (SOEs). Hogan testified how former president Jacob Zuma sought to influence the decisions of...
by Peter Tshisevhe One of the key reforms to company law in South Africa that the Companies Act, No. 71 of 2008 (the “Act”) introduced include, inter alia, the codification of directors’ duties. The rationale behind the codification of directors’ duties was mainly to make the...
by Matodzi Ratshimbilani The world over the concept of sophisticated investors is acknowledged in different forms. By way of example, in the United Kingdom sophisticated investors include retail clients, professional clients and eligible counterparties. The crux of this categorisation of investors is that there are certain investors...
by Matodzi Ratshimbilani On 29 and 30 August 2018, the California Legislative Assembly and the United States (US) Senate respectively, passed a bill to amend the States Corporations Code, the equivalent of our Companies Act prescribing minimum female director representation in the boards of all companies...
It is an accepted principle of South African law that negotiations between parties, which take place with a view to settling the disputes between them, are privileged and cannot be disclosed. This is known as the “without prejudice” principle and provides parties with substantial protection...