Company law on de facto and shadow directors under the South African Companies Act 71 of 2008 is disconcertingly undeveloped. This weakness is worrying since South Africa has become notorious for the state capture of some key state-owned entities. In the light of similarities in the statutory...

Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive) director’s independence. Director tenure has recently come under the spotlight in South Africa. Shareholder activists are expressing...