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Fidentia : a strategic and corporate governance analysisSteenkamp, Pieter 12 1900 (has links)
Thesis (MBA (Business Management))--University of Stellenbosch, 2007. / ENGLISH ABSTRACT: Fidentia became an active player in the South African financial services industry in 2005, only a few years since its inception. This was achieved through aggressive take-overs and a favourable public image boosted by employing known sports personalities and sponsorships of various sports teams, charities and other events. The Fidentia group seemed to go from strength to strength under the leadership of Mr. Arthur Brown assisted by his senior management team of which none more prominent than Mr. Graham Maddock. The group’s main business is Fidentia Asset Management (FAM) which, during 2003 and 2004, secured two of the biggest clients in Fidentia’s history. In 2003 the Transport Education Training Authority (TETA) invested R200,3 million and R1,2 billion of the Mineworkers Provident Fund was placed under its’ management in 2004. The Fidentia group was placed under final curatorship on 27 March 2007, based on reports by the then provisional curators and the Financial Services Board which claimed that their inspectors could not trace R680 million of almost R2 billion under the management of FAM.
The analysis of the unfolding Fidentia case will show that without proper strategic planning and management, as well as adherence to suggestions on good corporate governance stakeholders’ risk exposure can be increased.
NOTE: The information available till end August was analysed. / AFRIKAANSE OPSOMMING: Fidentia was teen 2005 ‘n aktiewe speler in die Suid-Afrikaanse finansiële dienste industrie, slegs ‘n paar jaar nadat dit gestig is. Dit is bereik deur aggresiewe oornames en ‘n publieke beeld wat versterk is deur bekende sportpersoonlikhede aan te stel en verskeie sportspanne, liefdadigheidsorganisasies en ander gebeurlikhede te borg. Die Fidentia groep het skynbaar van krag tot krag gegaan onder die leierskap van Mnr. Arthur Brown, ondersteun deur sy senior bestuurspan waarvan niemand meer prominent as Mnr. Graham Maddock. Die groep se hoofbesigheid is Fidentia Asset Management (FAM) wat gedurende 2003 tot 2004 twee van die grootste kliënte in Fidentia se geskiedenis verseker het. Gedurende 2003 het die “Transport Education Training Authority (TETA)” R200,3 miljoen by FAM belê en R1,2 biljoen van die “Mineworkers Provident Fund” is in 2004 onder FAM se bestuur geplaas. Die Fidentia group is op 27 Maart 2007 onder finale kuratorskap geplaas gebasseer op verslae deur die destydse voorlopige kurators en die Finansiële Dienste Raad wat beweer het dat hul inspekteure nie R680 miljoen van die amper R2 biljoen onder FAM se bestuur kon opspoor nie.
Die analise van die Fidentia saak soos dit ontvou, sal wys dat sonder behoorlike strategiese beplanning en bestuur, asook die voldoening aan voorstelle van goeie korporatiewe bestuur belanghebbendes se blootstelling aan risiko kan verhoog.
NOTA: Die inligting beskikbaar tot einde Augustus 2007 is ontleed.
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A survey of disclosure of compliance with King II by top listed South African companies : an investigative study of the companies listed on the FTSE/JSE top 40 indexOhlhoff, Johannes Hendrik Snyman 03 1900 (has links)
Thesis (MBA (Business Management))--University of Stellenbosch, 2008. / ENGLISH SUMMARY: During the period of change in South Africa in the year of the first democratic elections, 1994, the first King Report on Corporate Governance appeared. For the first time in South
Africa, companies had a good reference for corporate practice and conduct. A second
King report, commonly referred to as King II, appeared in March 2002 and expanded on
the earlier Code to produce, what was considered at the time to be, a world-class code of
corporate governance.
In addition to the acceptance and incorporation of King II into corporate governance
practice, the JSE included compliance with the King Code as part of its listing
requirements. The code itself is not an enforceable set of rules, but rather guidelines to
assist companies in implementing principles of good governance. In similar vein, the JSE
has given companies the flexibility to justify non-compliance. This underscores the socalled
comply or explain philosophy to which corporate governance in South Africa
subscribes. Studies have found the level of corporate governance in South Africa to be
high, especially for an emerging market. Compliance with corporate governance principles
and transparency go hand in hand. In a comply or explain regime, where the regulation is
considered to be done by the market, disclosure of compliance is especially important.
The goal of this research project was to conduct a survey of the top listed South African
companies to ascertain what the level of disclosure of corporate governance was, with
specific reference to the recommendations contained in the King Code. For the purposes
of this study, the top companies were defined as the FTSE/JSE Top 40 Index companies.
The supposition was that most companies, having been confronted with the King Code for
almost six years, would be compliant to a large degree and will disclose their compliance.
This was expected to be more evident amongst top companies who have the resources
and influence to effect changes sooner and take the lead on high profile issues. The study
confirmed the supposition that companies, at least in the sample, were highly compliant.
There were however some areas where improvements can be made to be more in line with
global best practices. / AFRIKAANSE OPSOMMING: Gedurende die periode van vernuwing in Suid-Afrika en die jaar van die eerste
demokratiese verkiesing, 1994, het die eerste King verslag op korporatiewe bestuur
verskyn. Vir die eerste keer het maatskappye in Suid-Afrika ‘n goeie verwysing gehad in
die bepaling van hul korporatiewe bestuurspraktyke en gedrag. ‘n Tweede King verslag,
alombekend as King II, het in Maart 2002 verskyn en op die eerste verslag uitgebou om ‘n
kode te voorskyn te bring wat ten tyde van publisering as wêreldklas bestempel is.
Bo en behalwe die aanvaarding en toepassing van King II in die korporatiewe
bestuurspraktyk, het die JSE ook nakoming van die Kode as deel van die noterings
vereistes ingesluit. Die King Kode opsigself is nie ‘n afdwingbare stel reëls nie, maar
eerder riglyne wat maatskappy bystaan in die implementering van beginsels van goeie
bestuur. In ‘n soortgelyke manier gee die JSE ook aan maatskappye die buigsaamheid om
gevalle van nie-nakoming te regverdig en verdedig. Dit onderskryf die sogenaamde
voldoen of verduidelik filosofie wat korporatiewe bestuur in Suid Afrika aan gehoor gee.
Studies het gevind dat die vlak van korporatiewe bestuursgedrag in Suid-Afrika hoog is,
veral vir ‘n ontluikende mark. Nakoming met korporatiewe bestuurgedragskodes en
deursigtigheid gaan hand aan hand. In ‘n voldoen of verduidelik regime, waar die mark
geag word om te reguleer, is openbaarmaking van korporatiewe bestuursgedrag van
kardinale belang. Die doel van hierdie navorsingsprojek was om ‘n peiling te maak van die
voorste Suid-Afrikaanse maatskappye om te bepaal wat die vlak van openbaarmaking in
terme van korporatiewe bestuursgedrag was, met spesifieke verwysing na die King Kode.
Vir die doeleindes van die studie is die voorste maatskappye gedefiniëer as die FTSE/JSE
Top 40 Indeks. Die veronderstelling was dat meeste maatskappye, gegewe die feit dat die
Kode al ses jaar in omgang is, tot ‘n groot mate aan die Kode sal voldoen en inligting
rakende die voldoening openbaar maak. Dit is ook verwag dat dit veral die geval onder die
voorste maatskappye sou wees aangesien hulle oor die hulpbronne en invloed beskik om
veranderinge vroeër teweeg te bring en leierskap te neem met hoë profiel kwesssies. Die
studie het die veronderstelling korrek bewys dat maatskappye, ten minste in die geval van
die ingeslote groep, ‘n hoë vlak van voldoening en openbaarmaking ten toon stel. Daar is
egter nogtans areas waar verbeterings gedoen kan word om meer in lyn met internasionale
beste praktyke te kom.
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Analysis of the new proposed companies act compared to the old companies act 61 of 1973 and the King II report on corporate governance with specific focus on directors liabilities and responsibilitiesHarvie, Michael Anthonie 03 1900 (has links)
Thesis (MBA (Business Management))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: The King II Report on Corporate Governance reported that the 19th Century saw the foundations laid for modern corporations, this was the century of the entrepreneur. The 20th Century became the century of management and that the 21st Century promises to be a century of governance, as the focus swings to the legitimacy and the effectiveness of the wielding of power over corporate entities worldwide.
South Africa has come a long way since the companies reform project was formally launched in 2004 when the Department of Trade and Industry published the guidelines for corporate law reform in South Africa. Most critics believe that the new Companies Act is long overdue and will contribute to South Africa’s economic growth and align us with international standards and practices.
The aim of this research report is to educate directors and potential directors on the most significant changes brought by the new Act and the responsibilities and liabilities of directors as set out in The King II Report. / AFRIKAANSE OPSOMMING: Volgens die King II Report is die fondasie vir moderne korporasies gedurende die 19de eeu gelê – die eeu van die entrepreneur. Die 20ste eeu het die eeu van bestuur geword, terwyl die 21ste eeu beloof om ‘n eeu van beheer te wees soos wat die fokus verskuif na die geldigheid en die effektiewe beheer van mag oor korporatiewe entiteite wêreldwyd.
Suid-Afrika het ‘n lang pad gestap sedert die Maatskappye-hervormingsprojek formeel geloods is in 2004 met publikasie van die Departement van Handel en Nywerheid se riglyne oor korporatiewe regshervorming in Suid-Afrika. Die nuwe Maatskappye wet is lankverwag en meeste kritici glo dat dit sal bydra tot ekonomiese groei in Suid-Afrika en Suid-Afrika in lyn sal plaas met internasionale standaarde en praktyke.
Die doel van hierdie navorsingsverslag is om direkteure en potensiele direkteure in te lig omtrent die mees noemenswaardige veranderinge wat deur die nuwe Maatskappye wet daargestel sal word asook die verantwoordelikhede en aanspreeklikheid van direkteure soos uiteengesit in die King II Report.
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Public corporate governance with specific emphasis on accountabilityBosman, Estelle 03 1900 (has links)
Thesis (MBA)--Stellenbosch University, 2013. / Corporate governance systems have evolved over centuries, often in response to corporate failures or system crises. From the early 1990s in South Africa, corporate governance began to reach prominence, prompted by losses from fraudulent activities within corporate entities such as Masterbond, Fidentia and Enron. Corporate governance is aimed at curtailing such fraudulent behaviour.
In 1994, the elected democratic majority government of South Africa found that there were no standard rules or principles in place to either control or govern the delivery of services and the carrying out of policies. Government then made corporate governance a significant part of their strategic vision of restructuring.
A protocol on corporate governance was published to provide guidance, specifically to the public sector in South Africa. In line with the protocol, policies and procedures were put in place in order to assist the public sector to meet corporate governance standards and best practice. It is apparent that the lack of systematic accountability can cost the public sector and the taxpayers of South Africa millions in terms of redoing work, inefficiency, workplace conflicts and misunderstandings. This in turn leads to ineffective work practices and leadership.
This research study set out to establish how accountable the public sector is, specifically the Western Cape Government, concerning the protocol and the policies and procedures that are in place. The study aimed to evaluate the accountability of project coordinators within the Western Cape Government, specifically on construction projects.
The literature review in the research report identifies the roles and responsibilities, stipulated in the policies and procedures, that the public sector needs to adhere to in order to be accountable. A scorecard was compiled to cross check the accountability of staff within the Western Cape Government in line with the policies and procedures in place. A construction project was used as an example on the scorecard and the outcome thereof is published in the report.
This research report reveals the shortcoming of governance and specifically accountability within governance and determines how it could be addressed.
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Factors contributing to the effectiveness of audit committees at selected Namibian state owned enterprisesAmoomo, Natanael 11 1900 (has links)
Audit committees (ACs) can enhance corporate governance in the public sector, particularly in State Owned Enterprises (SOEs). This study adopted a qualitative research approach to identify factors contributing to the effectiveness of ACs in selected Namibian SOEs to provide sound corporate governance. The empirical data was collected primarily through semi-structured interviews with participants as well as from field notes and company documents. The study highlighted certain AC characteristics and practices contributing to the effectiveness of ACs in selected Namibian SOEs to provide sound corporate governance. The mandate, composition, managing the activities of the AC, performance assessment of the members of the AC and reporting of the AC if applied correctly can enhance effectiveness of ACs. The study also highlighted weaknesses, suggesting that some of the ACs needed improvement in order to enhance corporate governance at SOEs. / College of Accounting Sciences / M. Phil. (Accounting Sciences)
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The impact of the intersection of race, gender and class on women CEO's lived experiences and career progresson : strategies for gender transformation at leadership level in corporate South AfricaDlamini, Nobuhle Judith 19 August 2014 (has links)
The aim of the study was to investigate the impact of the intersection of race, gender and social class on women leaders’ work experience and career progression in order to come up with strategies for gender transformation at leadership level in corporate South Africa. The problem statement of this research study concerns the indication in the annual report of the Commission for Employment Equity (Department of Labour 2012) that there is under-representation of women, especially African and Coloured women, at top management level relative to the economically active population. The Women Empowerment and Gender Equality Bill was published in the Government Gazette No. 37005 of 6 November 2013. This Bill aims to enforce compliance with the stipulated minimum representation of women at senior levels in both the private and public sectors. This study, with its objective of reaching an understanding of the impact of the intersection of race, gender and social class on women’s career progression, is therefore timeous. Getting the perspective of woman CEOs across race and class on how to transform gender at leadership level could add an important voice to transformation and could be of benefit to decision makers in business and in government. Based on this problem statement the following research questions were formulated:
- To what extent does the intersection of race, social class and gender impact on women CEOs’ experience in their work roles and career progression?
- How might an understanding of women leaders’ experiences in their roles assist with strategies to transform gender at leadership level in corporate South Africa?
Qualitative research methodology was chosen as the appropriate methodology and grounded theory was employed. Purposive, snowball and theoretical sampling methods were used to identify fourteen participants (13 CEOs and one chairman).The life story method was employed for in-depth semi-structured interviews from which rich descriptive data was collected and which was analysed using grounded theory. Findings confirmed that the intersection of race, gender, age and class does have an impact on women’s career progression and their life experiences. The dominant social identity was race for blacks and gender whites; class and age were the overlay. In terms of strategies for gender transformation, first-order constructs from the participants were related to abstract second-order constructs from the literature, which led to the formulation of the WHEEL Theoretical Model. The theoretical model is an integration of different elements required for the formulation of strategies for gender transformation at leadership level. The different elements were women themselves; domestic and family support; the organisation; society and government.
Despite some limitations that were encountered, the aim of the study was achieved by making a contribution not only to the development of theory related to strategies for gender transformation at leadership level, which other scholars can build from, but also to the gaining of insights into the intersection of multiple social identities and their impact which can be used by business leaders and policymakers to address inequalities in organisations. In addition, this research study made various recommendations for future research / Business Management / DBL
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An Afro-European communitarian ethic as a model for a private sector response to HIV/AIDS, with special reference to the King II Report on Corporate Governance for South Africa.King, Judith Ann. January 2005 (has links)
This thesis formulates and argues for a composite conceptual framework of ethics for strategic and sustainable corporate benevolence as a means of addressing HIV/AIDS in South Africa. The template consists of the following theoretical elements: modern virtue ethics, contemporary Western communitarian ethics, the African philosophy of Ubuntu and a feminist ethic of care. This template is applied to relevant pragmatic ends through the proposition that the King I I Report - as it explicitly advocates a universally communitarian and essentially African code of ethics for a business response to HIV/AIDS - offers a viable and valuable model to both understand and transcend the tensions between profits and caring in the post-apartheid era of the South African experience of the pandemic. Specific features of the thesis include contextual perspectives on the ethical variances of HIV/AIDS stigma and behaviour change, cached as the thought-form of " I and We" as opposed to "Us and Them", and the psycho-social linguistics of re-interpreting "the wounded other" as "the wounded us". This is drawn together conceptually in discussion around the individual in and of, rather than as opposed to, the community, stressing how the impact of the HIV/AIDS pandemic is compelling our society to integrate this reverence into our disposition and conduct. In the spirit of this Afro-European communitarian ethic, and to apply this postulated theory for a concrete social morality in the wake of HIV/AIDS, the thesis argues that there is an ethical role for businesses in restoring the balance between nurturing and selfinterest - an equilibrium that is essential for both human expression and human survival. This involves underscoring the elderly and young women, as well as children, who head households and care for orphans of AIDS in circumstances of great vulnerability, (particularly the nation-wide body of informally organised volunteer home-based caregivers), as target beneficiaries for a gravely urgent and massive empowerment effort by the business sector. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.
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For the benefit of current and future generations : prospects for intergenerational equity in South AfricaLittleford, Sarah-Jane January 2014 (has links)
This thesis examines a crisis of governance in the Republic of South Africa (RSA), a crisis which threatens Constitutionally guaranteed intergenerational rights to water, meaning these rights are unlikely to be upheld. RSA's post-1994 Constitution incorporated a number of historically unparalleled human rights, based on fundamental principles of human dignity and equality. This includes the right to water resources for current and future generations - making RSA one of a few countries to enshrine intergenerational rights in law. Under law, Government acts as fiduciary trustee with duties to protect the water resources for current and future generations of citizens. The thesis asserts that influences of Emmanuel Kant, John Rawls and Edith Brown Weiss are reflected in the Constitution and subsequent laws. However, historical and on-going impacts from extractive industries in the province of Gauteng are negatively impacting upon intergenerational water rights. Acid mine drainage is an acidic wastewater produced as a by-product of mineral extraction - particularly gold. It is polluting ground- and surface-waters across the province. A lack of effective government response to this issue has meant that AMD is acting as a catalyst accelerating the country's already problematic governance processes to a crisis level. As it has no long-term management plan, the government is neglecting its intergenerational responsibilities and abrogating Constitutional purpose. This situation is exacerbated by multiple, often conflicting, understandings in different sectors of society of the significance of intergenerational equity, further reinforcing the governance crisis. Due to lack of government response, non-State agents, specifically the mining and financial sectors, are becoming increasingly involved in political decision-making and governance. This has positive short-term effects in ensuring that the rights of communities that were previously affected by water shortages and pollution are upheld. Yet there are potential serious long-term repercussions for democracy in RSA as a result: non-State actors are not best equipped to determine outcomes of governance, and this may result in procedures of deliberative democracy being contravened. Robert Dahl's theories inform this thesis's understanding of deliberative democracy. Consequently, although RSA's Constitution guarantees intergenerational equity in theory, it is hard to achieve in practice. This is due to the governance crisis that has been precipitated by acid mine drainage, so that intergenerational rights to water are an unlikely long-term outcome for this developing nation.
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Strategising practices of sustainability champions : a case study at a state-owned enterpriseThakhathi, Andani 04 November 2016 (has links)
The purpose of this study was to explore the strategising practices of sustainability champions at Transnet, a South African state-owned enterprise (SOE). The study set out to discover what these micro-strategising practices were and what strategic outcomes they had for the organisation at the corporate level of strategy praxis. The problem that this research sought to address was the need for greater progress towards corporate sustainability and the lack of research into the role, contributions and practices of sustainability champions in formal sustainability roles within relatively large organisations. This exploration was carried out in the form of a qualitative single-case study which drew on serial interviews (two per participant) and case documentation as sources of evidence. The data were analysed using Applied Thematic Analysis (ATA) in the CAQDAS software Atlas.ti. The study answered the research questions and found that sustainability champions engaged in seven sets of strategising practices with seven corresponding strategic outcomes. While it was not the intention of the study to develop a conceptual model, the process of synthesising the main findings resulted in a model termed the web of sustainable strategising. The study concludes that sustainability champions are strategists who aid their organisation in the pursuit of corporate sustainability while influencing the direction of macro-institutional arrangements towards sustainable development. These results cannot be generalised, but they are transferrable to similar contexts. / Business Management / M. Com. (Business Management)
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Evaluating the impact of environmental governance on biodiversity management in South African citiesNaidoo, Santhuri Santhakumari 07 1900 (has links)
South Africa is recognised as one of the megadiverse nations of the world. In recent years, the
South African Government has prioritised human needs, without adequately safeguarding the
country’s natural resources. Biodiversity is the living fabric of our planet, responsible for
human health, well-being and ultimately, the preservation of the environment. It is the
Government’s responsibility to ensure that processes and policy frameworks recognise the
significance of biodiversity and its role in ensuring a sustainable future for the country while
at the same time ensuring essential services delivery to its people. The aim of this study was to
evaluate the impact of environmental governance on biodiversity management at the local
government level in South Africa. The study was conducted in three Metropolitan
Municipalities in South Africa. Data were collected by means of a questionnaire from officials
of these municipalities. Variables that were assessed include capacity assessment, intergovernmental
relations, budget and biodiversity management. Interviews were conducted with
the Heads of the environmental departments of the municipalities. A review of the defining
national and international environmental law was conducted to evaluate the transformation,
challenges and successes of biodiversity mangement at the local government level in South Africa. The results of this study highlight the challenges faced by local governments in
implementing biodiversity management such as capacity constraints, lack of resources and the
absence of a biodiversity mandate at the local government sphere. Integrating biodiversity
management at the local level will only be possible through more robust policy development,
stronger cooperation and communication among the different levels of government, as well as
enhanced capacity (skills) and resource provision in the municipalities. / Environmental Sciences / M. Sc. (Environmental Science)
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