Archive Issues Of Laboratory

Edition 4, August 2007
Ahead of further reforms to its company law, there is concern that South Africa is moving toward tick-the-box corporate governance. While this approach not only tends to dumb down a director's duties, it may also mask the very risks it aims to avert. Enron, it is reported, would have had all of its boxes ticked.

When it comes to regulation, it is useful to compare the approaches of the US and the UK, which share similar substantive goals, but differ markedly when it comes to matters of form. The US has historically adopted a zero tolerance approach to non-compliance, illustrated most vividly by the Sarbanes-Oxley Act of 2002. The approach in the UK, on the other hand, is informed by the view that a riskfree society is simply not possible. It is increasingly embracing the role of principles over that of rules
In this issue :
  • Regulation: taking eyes off the ball
  • Once empowered always empowered? Yes. Maybe. It depends
  • Structuring for BEE: keeping it real
In Re:
  • Administrative action and economic loss

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