The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. The effect of an order of delinquency is...

In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties to the company after he had resigned, and if so, whether he could...

In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties to the company after he had resigned, and if so, whether he could...

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...

The South African Companies Act 61 of 1973 partially abandoned the capital maintenance concept by repealing the statutory procedure for a reduction of share capital, by permitting dividends to be paid out of capital and more importantly, by permitting companies to repurchase their own shares....

This article examines the prohibition of insider trading in South African under the Securities Services Act 36 of 2004. It compares the insider trading prohibitions which existed under the Insider Trading Act 135 of 1998 with those of the Securities Services Act 36 of 2004. This articles...

This article analyses the regulation of market manipulation in South Africa under the Securities Services Act 36 of 2004. The rationale for regulating market manipulation is canvassed, as well as the regulation of market manipulation under the common law. In addition the trading practices...

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...

The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 of the Companies Act 71 of 2008. The effect of an order of delinquency is...

This article critically analyses a controversial decision of the South African Supreme Court of Appeal, in which the court was faced with the troublesome prohibition against the giving of financial assistance for the shares of a company contained in s 38 of the Companies Act of 1973. We submit...