Thesis (Ph. D. (Public Administration)) --University of Limpopo, 2019 / South Africa continues to experiment with democracy after 23 years since its rebirth in 1994. The country‘s democracy is still developing towards greater transparency, full participation and accountability. Development depends on the existence of strong and vibrant institutions of accountability in the face of the challenges that threaten to reverse the gains made since the advent of democracy. Among such institutions is the legislature, which is the focus of this study. The study probes the oversight role of legislatures in South Africa. Oversight has become a subject of interest in the field of Public Administration as it is viewed as the mandate of legislatures to hold the government to account for managing public resources in the course of conducting public affairs. This study broadens the understanding of oversight by examining crucial relations between the legislature and the executive, and by providing insight into the legislature‘s ability and capacity to carry out the oversight mandate. This is mainly because in most developing countries, the legislative sector, and particularly African legislatures have been categorised as weak. They are generally censured to have institutional weaknesses and limited decision-making role. There are, however, common challenges, including but not limited to lack of capacity, the dominance of the executive and its reluctance to cooperate, and lack of political will attributed to various factors. These challenges are intensified by the legislature‘s perceived inability to deal with emerging issues. Studies previously conducted in the Gauteng Legislature have affirmed some of these challenges, including among others, lack of independence and capacity issues when exercising its oversight role. However, the literature pointed to increased oversight activities in democratic legislatures over the years. Although increase in oversight activities is acknowledged in the study, literature on oversight effectiveness is scant. From the foregoing, the aim of the study was to examine whether the oversight role of legislatures has effects in terms of the promotion of good governance, particularly executive transparency and accountability as well as public involvement. In addition to focusing on the relationship between the executive and the legislature, ability and capacity of the legislature, the study also set out to determine the extent to which the public participates in oversight processes of legislatures. The study concentrated on the Gauteng Legislature, and focused on the work of Portfolio Committees as they are responsible for the day to day oversight work of legislatures. The literature reviewed points out to the complex nature of the legislative oversight setting based on the systems of governance adopted in a country, which has an influence on the relationship between the executive and the legislature, and in turn, on oversight. The study has employed a qualitative approach, with the data collected utilising semistructured in-depth personal interviews, participant observation and document analysis. Semi-structured personal interviews were the main data collection tool utilised to collect primary data from the participants. The participants were selected utilising non-probability (purposive) sampling to target participants with knowledge and experience on the subject matter to attain the objectives of the study. In addition, the participant observation and document analysis were used to collect both primary and secondary data to supplement the interviews with the respondents. This was mainly to respond to the contention of this study. The study argues that the legislature through its oversight role has the ability and capacity to promote transparency and accountability as well as public involvement. The findings of this study suggest that to a certain extent, the oversight role might have positive effects on promoting executive transparency and accountability. However, the findings have pointed out some serious shortcomings regarding the extent to which the public participates in the oversight work of the legislature. This is regardless of the efforts made by the legislature to establish platforms to ensure that the public participates in the oversight role to hold the executive accountable. Furthermore, the study has found that Portfolio Committees are a suitable mechanism to hold the executive to account as among others, the Members of the Provincial Legislature (MPLs) work well together. There are improved relations between the Gauteng government departments and committees. The departments are responsive; yet there are still challenges leading to the elusion of accountability, with limited or no consequences. The study recommends inter alia, follow-up on oversight activities; committee action against the executive‘s reluctance; strengthening the role of research; and regular interactions between the executive and the legislature. Keywords Accountability, Committees, Democracy, Executive, Government, Governance, Good Governance, Legislature, Performance, Public Participation, Service Delivery, Transparency, Political Parties, and Oversight.

LLM / Department of Mercantile Law / For a considerable period of time the primary goal of corporations was seen as being to increase the wealth of the investors (shareholders). Priority was given to shareholders’ profit maximisation at the very expense of stakeholders` interests in corporate governance. Stakeholders` interests were seen to be falling outside the range of the needs and objectives of the corporate world. However, in contemporary times, schools of thought have emerged which proposed that the corporations should not solely focus on maximising profit for the benefit of shareholders but should consider the interests of stakeholders in the management of their affairs. This issue has attracted enormous debate and arguments have been brought forward to support the view that those in management positions should consider stakeholders` interests in the corporate governance. However, there is no unanimity among scholars on what should be the right approach. It is against this backdrop that the study therefore assesses how companies are practically run in order to determine whether the interests of stakeholders are considered in corporate governance as much as they should. This dissertation explores, through doctrinal and empirical methods, the conflicting theories and existing debates on corporate governance and to show that it is for the good of the company as an entity that there be equal recognition and treatment of the two groups of the competing interests in corporate operations. The research employed the doctrinal research approach in order to evaluate the positions advocated by the different schools of thought as well as to give a comparative analysis of the position of the law in cognate jurisdictions on this matter. The empirical research approach, through questionnaires, was used to collect qualitative data from different stakeholders of different categories of chosen companies in order to ascertain from the perspective and actual experiences of stakeholders the extent to which companies consider the interests of stakeholders. The research established that, in the main, companies do not consider the interests of stakeholders and in cases where they do, the interests of shareholders are still dominant to those of stakeholders. Recommendations are made from inferences drawn from the study on how to guarantee an enhanced protection of the stakeholders’ interests in the corporate scheme. / NRF

Thesis (M.COM. (Accounting)) -- University of Limpopo, 2019 / This study examines the effect of board characteristics on environmental and social sustainability performance. Companies‟ sustainability performance is affected by many factors such as board composition of companies, lack of knowledge, policies and resources of companies, competition from other companies and market trends. The King IV Code of Corporate Governance recommends that the governing body should comprise a balance of diversity being race and gender and independence. Moreover, the Code states that the board of directors of companies should have a balance of both independent members and non-independent members who should act in the best interest of the companies. The study used a quantitative approach, and secondary data from Johannesburg Stock Exchange (JSE), Socially Responsible Index (SRI) listed banking and retail companies for 11 years from 2007-2017. The study tests the relationship between board characteristics (the number of females on board of directors); firm size (market capitalisation); board independence; and environmental (energy usage) and social (skills development expenditure) sustainability of JSE SRI listed firms. Results show that there is a negative and insignificant relationship between females on board and energy usage. A positive and a significant relationship between energy usage and board independence a positive and an insignificant relationship between firm size (market capitalisation) and energy usage. There is also a positive but an insignificant relationship between skills development expenditure and female board members and a positive and significant relationship between skills development expenditure and board independence and a positive and an insignificant relationship between skills development and firm size (market capitalisation). The study suggests that for companies improve their sustainable business practices; they should consider increasing the number of v | P a ge females on their board since they have a positive influence on sustainability performance. / Risk and Vulnerability Science Centre of the University of Limpopo

Thesis M.COM. (Accounting)) -- University of Limpopo, 2019 / The apparent weaknesses in corporate governance of state-owned enterprises and poor audit reports have heightened the concern of investors and the state as the major shareholder of these enterprises returns. Audit committees as a mechanism for good corporate governance plays a major role in enterprise performance. These state-owned enterprises play a vital role in the economy of South Africa. This study examines the effect of audit committee composition (independence, gender diversity, financial expertise and size) on financial performance measured by return on assets using major state-owned enterprises listed on Schedule 2 of PFMA. The results show that the audit committee size, gender diversity and financial expertise has an insignificant positive relationship with ROA, whereas the independence of audit committee members has an insignificant negative association. The result of the study may be beneficial to various stakeholders and boards of enterprises to make some proper decisions on audit committee composition to attract more investors and at the same time safeguarding the investments of shareholders.

Thesis (MBA.) -- University of Limpopo, 2019 / This study examined whether the presence of women in top management positions affects firms‘ performance. This study became necessary given that, whilst there is a growing call for gender equity in top managerial positions, many companies are still hesitant, as some trust that the presence of women in top management positions might weaken their market value. The main purpose of this research was to analyse the link between women in top management positions and net profit, sales turnover and share price. Secondary data on women in top management positions and companies‘ performance were collected from integrated report archives of twenty-nine (29) companies listed in the FTSE/JSE Responsible index for six years, 2010 to 2015. This study was theoretically inclined on the Resource Based Theory and related current literature. A quantitative research design was adopted. Regression statistics utilizing the Excel Spreadsheet software was used for data analysis. Findings from the statistical analysis disclosed the following: within the twenty-nine (29) companies examined, firstly, existing positive relationship between women in top management and net profit, although not significant. Secondly, there was a negative relationship between women in top management and sales turnover. Thirdly, there was a positive relationship between women in top management and share price, although not significant. The research implication and contribution are that companies that encourage women to ascend management positions may not necessarily lose market value and net profit as feared by some companies around the world. In addition, the study recommends that women in top management should have a deputy that works closely with them such that when they take family leave, these deputies will function without company performance, such as sales, dropping its value. The findings provide further research agenda on the linkage between women in top management positions, net profit, sales turnover and share price using a larger sample of companies across industries.

Thesis (M.Dev. (Planning and Management)) -- University of Limpopo, 2022 / This study provides a theoretical foundation for researchers to investigate the effects of rural development non-governmental organisations’ governance on societal transformation. The research also assessed the mission statements from a non-profit organisation perspective, considering their operational activities in trying to address NGOs’ governance. Although, historically, these statements have been used almost exclusively in a management context. The nine components of a mission statement provide direction for the researcher to examine statements and practitioners to create and modify the statements. This study marries the rural development non governmental organisations’ governance and societal transformation literature. Creating a fruitful new area for marketing research and practice. The recommendations will hopefully give guide and recommend tools for aligning NGOs operational activities with their mission statements to promote good governance practice. The study investigated the effects of rural development non-governmental organisations’ governance on societal transformation. The aim was to investigate the types of rural development actions and role players in Elansdoorn Moutse, to analyse the governance of the actions of rural development role players, to examine the scales and profiles of NGOs acting in rural development, to delineate the effects of rural development NGOs’ governance on societal transformation, and to propose measures for improved governance of actions and enhancement of societal transformation credential of rural development NGOs in developing countries. The study found that if rural development NGOs were well governed, they would have the power and potential to transform the society. / University of Limpopo (UL)

This dissertation reflects the results of a study during which the 2006 annual reports of the top-40 JSE listed companies, were assessed for their disclosure of the required corporate governance statements. Content analysis was used to identify the information. The results obtained indicate that the majority of the JSE's top-40 listed companies adhere to good corporate governance disclosure practices. However, there are areas in which the non-disclosure of information was prevalent. These include the disclosure of information on the selection of external auditors and whistle blowing. Future research, employing sources such as SENS announcements, press releases, trading updates, cautionary announcements and websites together with annual reports should be conducted. / Financial Accounting / M.Com. (Accounting)

Effective corporate governance of boards can become a sustainable competitive advantage for organisations. In the extant literature a number of reasons are cited for dysfunctional boards. Some of the reasons attributed to board failure relate to poor corporate governance, practice and oversight. Some of the reasons for board failure pertain to micromanaging of the organisation, an ineffective nominating committee, size of the board, non-functioning committee structure, absence of strategic plan, no orientation\induction plan and no rotational plan. Poor governance practises across all sectors has negatively tainted economic investment in South Africa consequentially affecting economic growth. Below South Africa’s competitive rating slipped from (52nd) in 2012-2013 to 53rd in 2013-2014 rating is given to show that marked improvement is needed in corporate governance. South Africa’s rating in the Corruption Perceptions Index for 2012 was 43 and slipped to position 69 amongst 176 countries for the Corruption Perception Index, 2013. The trend analysis report of the Public Service Commission reported that In 2006/7, there were 1 042 cases of corruption, amounting to R130.6-million; in 2007/8, there were 868 cases, amounting to R21.7-million; in 2008/9, there were 1 204 cases, amounting to R100.1-million; in 2009/10, there were 1 135 cases, amounting to R346.5-million; in 2010/11, there were 1 035 cases, amounting to R932.3-million; in 2011/12, there were 1 243 cases, amounting to R229.9-million. Good governance frameworks, policies, procedures, processes and practices attract foreign direct investments. Better governance practices are critical for improved economic growth and development that will result in an improvement in the South Africa’s competitiveness and corruption perception index ratings. South Africa’s continued economic growth and development is dependent on attracting foreign direct investment. From 1994 corporate governance regimes were promulgated. Although there are a collection of corporate governance codes and guidelines that have been published, few specifically cover governance practices in public entities. Moreover, with better governance practices state-owned enterprises can significantly contribute to the economic transformation and development in South Africa. The purpose of the study is to establish that improved governance is a function of board structure and board process variables. With the presence of structural and process variables board activism will improve resulting in board decision quality. Independent directors without no conflict of interest, the requisite industry expertise and intelligence (functional area knowledge), the information to make decisions are adequate, accurate and timely (information quality), directors exert the needed effort (effort norms), directors robustly explore all dimensions and options (cognitive conflict) and the board functions optimally (cohesiveness) influence board decision quality. Boards which are configured optimally are able to execute their fiduciary responsibility optimally. In 2012 a budget of R845.5 billion was provisioned for infrastructural development to boost economic development. This budget allocation must be prudently and frugally managed in accordance with good governance practises to achieve economic development. In particular South Africa has to improve its competitiveness rating and corruption perception index to attract investments and continual growth. In terms of the research design, to address the research questions, a mixed research approach was selected for the study. The phenomenological (qualitative) and positivist (quantitative) philosophical paradigms were adopted with the purpose to obtain a greater understanding of board decision quality in the Public Entities in South Africa. The data collection instruments used in the study was in-depth interviews, focus group interviews and administration of a survey. The population for the qualitative research was 19 in-depth interviews and two focus group interviews. For the quantitative study a population of 215 public entity board members were selected for the study. A total of 104 board members of Public Entities completed the survey for the study. In relation to data analysis for the qualitative study Tesch’s coding, thematic analysis was used to analyse the in-depth and focus group interviews. For the quantitative study, SPSS was used to analyse responses from the surveys. The hypothesis was tested using inferential statistics, namely, factor analysis and multiple regression was used.. The findings generated from the first phase, the qualitative study that provided support for the positive relationship between board structure, board process variables and board decision quality. The following five variables are incorporated in a model that seeks to identify the strongest predictor of board decision quality: (1) board independence, (2) effort norms, (3) functional area knowledge and skill, (4) cognitive conflict and (5) information quality. The findings show that information quality is the strongest predictor of board decision quality followed by expert knowledge and skill. As expected, expert knowledge does not only increase the cognitive capacity of the board, but it also positively affects company competitiveness. The findings also show that cognitive conflict has a negative association with decision quality. The study argues that political influence exerted by board political appointees may explain the negative relationship between cognitive conflict and board decision quality. The major contribution of this study is that it provides a 28-item instrument that can be used practically by public entity boards in the reflective process to improve board decision quality. The study concludes by offering avenues for further research. The model suggests that board decision quality is a product of board structure (board independence), board process (functional area knowledge, information quality, and cognitive conflict and effort norms). / Business Management / D.B.L.

Public entities are faced with the problem of increasing the interest of stakeholders in their annual reports. The aim of this study was to identify the stakeholders of AISA who use the annual report, to investigate their perceptions of the AISA annual report and to determine whether it is used for decision making or accountability purposes. Data was collected by using questionnaires sent to a representative sample of the stakeholders and minutes of meetings and audio recordings of the interrogation of the annual report by the parliamentary accountability and oversight body over DST. The study found that the AISA stakeholders use the annual report for accountability purposes and not for decision making and it has a small readership as it is read mainly by internal stakeholders. The study recommends that public entities need to do much to inform the stakeholders of the availability of their annual reports. / Business Management / M. Com. (Accounting)

State-owned enterprises (SOES) exist in South Africa to drive economic development and improve service delivery to the large population. In order for SOES to achieve their mandates, as set out by government through their shareholding department, financial assistance by the state is imperative. In the case of the monopolistic power utility, Eskom, the South African government (SAGO) has 100% ownership which is managed through the Department of Public Enterprises (DPE). This total ownership by the state means that government is responsible in ensuring that the utility is operational and supported financially. The current study was aimed at evaluating the financial assistance received by SOEs in South Africa by the state with specific focus on Eskom. Eskom was selected from the eight SOES managed by the DPE for the purpose of focusing the research. The focus of the study was on the financial assistance to SOES in South Africa by the state. In 2008, Eskom received funding from different sources through loan intervention of the South African government. The loan and guarantees made available to Eskom by government, enabled the SOE to achieve a positive credit rating. Data for this research was primarily collected through academic journals, books, Acts, White Papers, legislation and personal interviews at the National Treasury (NT). The recommendation that this research states relates to the need for a single policy document on state financial assistance to SOES in South Africa. / Public Administration / M. Admin. (Public Administration)