n South African Law Journal - You're fired! The removal of directors under the Companies Act 71 of 2008 : note
|Article Title||You're fired! The removal of directors under the Companies Act 71 of 2008 : note|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Author||Caroline B. Ncube|
|Publication Date||Jan 2011|
|Pages||33 - 51|
|Keyword(s)||University of Cape Town|
It has been noted in the Australian context that the removal of directors is a 'sleeper topic' about which little is written (James McConvil 'Removal of directors of public companies takes centre stage in Australia: an exploration of the corporate law and governance issues' (2005) 1 Corporate Governance LR 191 at 192; Jean J du Plessis & James McConvil 'Removal of company directors in a climate of corporate collapses' (2003) 31 Australian Business LR 251 at 251). The same situation prevails in South Africa, where only a few papers have been written on the topic (See, for example, M P Larkin 'Distinctions and differences: a company lawyer looks at executive dismissals' (1986) 7 ILJ 248; J J du Plessis 'Besondere oorwegings van toepassing op die ontslag van besturende direkteure' (1991) 2 JJS/TRW 1, I Esser 'Company law and the spoliated director : Greaves v Barnard' (2008) 20 SA Merc LJ 135, John F Olson 'South Africa moves to a global model of corporate governance but with important national variations' 2010 Acta Juridica 219 at 237-9). This note seeks to address this deficit by examining the provisions relating to the removal of directors in the new Companies Act 71 of 2008 (the 2008 Act) as the removal of directors is an important corporate governance tool.
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