Thesis (MBA (Business Management))--Stellenbosch University, 2008. / ENGLISH ABSTRACT: Xstrata Coal South Africa (XCSA) embarked on a restructuring exercise towards the end of 2005 to enable the organisation and its management to adapt to the pressures and requirements of an ever-changing South African coal industry. The executive team of XCSA felt that some of the business units were too large to be effectively managed by one general manager and his/her management team. The Tweefontein and Impunzi business units fell into this category. Further, the executive team felt that the existing organisational structures on the mines were unable to effectively manage the demands coming from an ever-changing coal industry. Most such demands emanated from sustainable development issues: workplace safety, environmental management, health-related concerns to do with the employees and community development around the mines. The restructuring took place towards the end of 2005, not long after the restructuring of the business performance went into decline. The author of this thesis, as the General Manager of the Tweefontein Complex from the beginning of 2006 until mid-2008, was responsible for the day-to-day management of the division at the time. After explaining the need for restructuring, as well as how the structure was changed, the author will describe a comprehensive literature research study. The aim of such a study is to create a common understanding with the reader of the principles relating to culture, leadership and change management. The author then compares the two climate assessments of the organisational culture of the Boschmans Colliery undertaken during 2005 prior to embarking on the restructuring exercise, and of the Tweefontein Complex undertaken during 2007, on completion of the restructuring. Boschmans Colliery employees now constitute most of the underground and surface operations areas of the Tweefontein Complex. The organisational culture of the Tweefontein Complex was found to have been influenced by the restructuring exercise. The author concludes with recommendations on how the organisational culture of XCSA as a whole could be aligned. Chief among the recommendations are that: • A cultural alignment programme should be implemented to create a common organisational culture across XCSA. • A leadership development programme should be implemented to promote the desired organisational culture. • A communication strategy should be implemented to support the cultural alignment programme. • A branding campaign should be launched to strengthen the image of XCSA within the surrounding community. / AFRIKAANSE OPSOMMING: Xstrata Coal South Africa (XCSA) het aan die einde van 2005 besluit om die besigheid te herstruktureer om aan te pas by die veranderende aard van die Suid-Afrikaanse steenkoolindustrie. Die gevoel van die uitvoerende komitee was dat sekere van die besigheidseenhede te groot was om effektief deur een algemene bestuurder, bestuur te word. Die Tweefontein- en Impunzi-besigheidseenhede het in die kategorie geval. Verder het die uitvoerende kommitee gevoel dat die bestaande bestuurstruktuur per myn nie voldoende was om al die verwagtinge vanuit 'n vinnig veranderende steenkoolindustrie effektief te kan bestuur nie. Die vernaamste verwagtinge van die vinnig veranderende industrie was die vanuit die veld van Volhoubaarheid, naamlik veiligheid op myne, omgewingsbewustheid, gesondheid van die werknemers, sowel as die opbou van die gemeenskap. Die herstrukturering het aan die einde van 2005 plaasgevind en nie lank na die herstrukturering nie het die prestasie van die besigheid drasties afgeneem. Die skrywer was die Algemene Bestuurder van die Tweefontein Complex vanaf die begin van 2006 tot die middel van 2008, en was verantwoordelik vir die dag-tot-dag-bestuur van die afdeling. As deel van die studie sal die skrywer eerstens poog om die redes vir die herstrukturering te gee en ook hoe die nuwe struktuur daar uitsien. Tweedens sal die skrywer 'n deeglike literatuurstudie verskaf om 'n gemeenskaplike verstandhouding tussen die skrywer en die leser oor die beginsels van kultuur, leierskap en veranderingsbestuur te skep. Derdens sal die skrywer die resultate van twee klimaatstudies ontleed wat op die besigheidskultuur van die Boschmans-steenkoolmyn in 2005 voor die herstrukturering gedoen is en een wat in 2007 op die Tweefontein Complex na die herstrukturering gedoen is. Die werknemers van die Boschmans-steenkoolmyn maak tans die grootste gedeelte van die Tweefontein Complex se ondergrondse en aanleg- en logistieke afdelings uit. Na aanleiding van die analise van die twee klimaatstudies, bevind die skrywer dat die herstrukturering 'n daadwerklike invloed op die kultuur van die Tweefontein Complex gehad het. Die skrywer maak dan na gelang van sy bevindinge aanbevelings oor hoe die kultuur van Xstrata Coal South Africa (XCSA) as 'n geheel belyn kan word. Sy belangrikste aanbevelings is as volg: • Die implementering van 'n kultuurbelyningsprogram om 'n gemeenskaplike besigheidskultuur regoor Xstrata Coal South Africa (XCSA) daar te stel. • Die implementering van 'n leierskapsontwikkelingsprogram wat belyn is met die verlangde besigheidskultuur. • Die implementering van 'n kommunikasiestrategie wat die kultuurbelyningsprogram ondersteun. • Die loodsing van 'n Xstrata Coal South Africa (XCSA) bemarkingsveldtog am Xstrata Coal se beeld in die gemeenskap te bevorder.

No description available.

This paper analyses national and international background of the anti-avoidance rule described in article 105-A of such law, its scope and its relationship with corporate reorganizations’ Peruvian income tax regime. In addition, the article will cover the discussion on the relationship between general anti-avoidance rule and specific anti-avoidance rules. / El presente trabajo analiza los antecedentes nacionales e internacionales de la norma anti-elusiva vigente, prevista en el artículo 105-A de la referida Ley, su alcance y su relación con el régimen tributario aplicable a las reorganizaciones. Asimismo, se aborda la discusión sobre la dinámica en la aplicación de la citada norma con relación a la norma anti-elusiva general.

This research which makes reference to Sappi South Africa is grounded in a South African context, within the forestry industry. The aims of the study are to- 1. Provide a description of corporate social investment (in a Sappi/ South African context) from a theoretical, corporate and legislative perspective which will describe current Sappi CSI activity, its implementation, measurement and the driving force behind them. 2. To articulate a sound understanding without judgement of the current status of corporate social investment based upon the application of (1) above. 3. To position Sappi’s CSI approach on a macro government/ corporate power scale which will facilitate rich understanding concerning the long term sustainability of Sappi’s CSI approach on the corporation, the forestry industry and the South African economy. 4. To distill a consensual interpretation that is more informed and sophisticated than previous constructions within Sappi Forest Products Division. The qualitative research is descriptive. A single case-study method has been adopted. Corporate Social Responsibility (CSR), as a late twentieth-century American movement, is a modern manifestation of an ancient debate amongst philosophers and theologians in many lands and cultures about the morality of commerce itself (Hood, 1996). Friedman (1962) quoted in Anshen (1980:10) argues that business should not and must not deviate from its profit orientation and that it should be concerned only with its economic performance. Friedman supported the notion ‘the business of business is business’ and adds, as quoted in Smith (1990:60), that to suggest corporations should have a social responsibility is to fail to understand the way in which the market is and must be played and asks, ‘if business does have a social responsibility other than making profits for shareholders, how are they to know what it is? Frederick et al, (1998:36) argue that Corporate Social Responsibility balances power with responsibility, responds to public needs and expectations and can contribute to correcting societal imbalances implicit in most economies. Smith (1990:89) suggests that the social control of business is achieved by either virtue of moral obligation, market forces and legislation, or, manipulation, inducement and force. Beesley and Evans (1978) quoted in Smith (1990:54) note ‘there is recognition of the growth of corporate power and the consequent perception of relative shift from government to companies as the source of social improvement and the means to promote specific items of social welfare.’ On this basis it may therefore be concluded that societal responsibilities should be shared between government and business, and in this way power balanced and a healthy pluralistic state developed. The vision of Sappi’s Corporate Social Investment program is to be instrumental in empowering and creating opportunities for both personnel and their dependent communities in order to address their self-defined needs. Sappi’s CSI activity is concentrated on education and community development, environmental preservation and conservation, social welfare and arts and culture. CSI practices are driven by morality, enlightened self-interest and by the South African Government. If the corporation had only started trading in 2005 would the CSI vision be driven by the same ‘gears’, or would the moral obligation and enlightened self-interest become less apparent? It is recommended that the Sappi CSI initiative must embrace CSI and uplift it to the next level by implementing the change management process, outsourcing at least the rural CSI initiative and expanding into a more brand orientated CSI strategy. Sappi also needs to make strategic CSI alliances with other organizations.

No description available.

South African company law has provided for the rescue of financially distressed companies since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 46 of 1926. Unfortunately, judicial management has never been regarded as a successful corporate rescue procedure and for most of its existence it has been severely criticised on many grounds. The Companies Act 61 of 1973 that replaced the Companies Act 46 of 1926 did very little to improve this situation and judicial management remained underutilised. As a result, the Companies Act 71 of 2008 now introduces two newly-created corporate rescue procedures in the form of business rescue proceedings and the compromise with creditors. This study analyses judicial management and the new corporate rescue procedures to establish whether the identified weaknesses of judicial management have been adequately and effectively addressed in the new procedures. A comparative study with similar procedures in England and Germany is undertaken to determine whether the South African legislature has delivered on its promise to create a system of corporate rescue that will meet the needs of a modern South African economy. Several weaknesses in the new procedures are identified and a number of recommendations are made to improve the relevant provisions and to assist in providing South African company law with an efficient and acceptable corporate rescue regime. / Mercentile Law / LLD (Mercentile Law)

Univ., Diss.--Hamburg, 2005. / Literaturverz. S. [415] - 446.

This research has investigated the long-run performance of corporate restructurings through unbundling transactions on the JSE between 2000 and 2012. The corporate unbundling transactions considered by the research are spin-offs and sell-offs. From the two unbundling transactions, four samples were derived, that is, 21 spin-offs, 14 parent-spin-offs, 14 sell-offs and 20 parent-sell-offs. The share price performance of these samples was investigated by a matching firm methodology under the buy and hold abnormal returns. The research found that positive abnormal returns are present for both samples for up to four years after unbundling. Secondly, with the exception of parent-sell-offs, significant abnormal returns were experienced by both samples for up to four years after unbundling. It was also found that a spin-off is a preferable corporate unbundling strategy to a sell-off over a long-run period. This research implies that companies with heavy structures should unbundle in order to unlock shareholders’ value. / Business Management / M. Com. (Business Management)

South African company law has provided for the rescue of financially distressed companies since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 46 of 1926. Unfortunately, judicial management has never been regarded as a successful corporate rescue procedure and for most of its existence it has been severely criticised on many grounds. The Companies Act 61 of 1973 that replaced the Companies Act 46 of 1926 did very little to improve this situation and judicial management remained underutilised. As a result, the Companies Act 71 of 2008 now introduces two newly-created corporate rescue procedures in the form of business rescue proceedings and the compromise with creditors. This study analyses judicial management and the new corporate rescue procedures to establish whether the identified weaknesses of judicial management have been adequately and effectively addressed in the new procedures. A comparative study with similar procedures in England and Germany is undertaken to determine whether the South African legislature has delivered on its promise to create a system of corporate rescue that will meet the needs of a modern South African economy. Several weaknesses in the new procedures are identified and a number of recommendations are made to improve the relevant provisions and to assist in providing South African company law with an efficient and acceptable corporate rescue regime. / Mercentile Law / LLD (Mercentile Law)

The research study focuses on transformation management in a welfare organisation and is aimed at developing a framework for a prospective model for management of a transformation process in a welfare organisation. The research was directed by two components, the nature, and the management of transformation, and was initiated with a literature study on these two concepts. The research study is limited to the Gauteng area, and only child and family welfare organisations which were already active participants of a transformation process were targeted. Data collection process was initiated by means of a structured interview schedule, completed by managers/senior social workers/ Board chairpersons (the target group). Results of the study indicate that a majority of the twenty targeted organisations had undergone an unstructured transformation process. A structured, well formulated, and planned transformation management process was required as a guideline, with a view to developing a prospective model for the management of a transformation process in a welfare organisation. Results and conclusions drawn from this study can be generalised in the broader spectrum of welfare organisations for the management of a transformation process. Further research is needed to develop the required model. / Social Work / M. Diac. (Social Work)