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Legislation and Business Regulation

 

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Specialist Committee on Company Law
 

The scope and mandate of the Specialist Committee on Company Law (SCCL) is described in Section 191(1) of the Act. The SCCL provides advice on policy and legislation relating to Company Law. Accordingly and without limiting or derogating from the provisions of Section 191(1) of the Act, the SCCL is, among other things, required to do the following:
  • Reviews, evaluate and make findings and recommendations to the Minister with regards to any amendments to the Act which may appear to be advisable or which are being considered, whether by the dti or otherwise;
  • Advises the Minister on policy and law in relation to company law;
  • Researches, communicate and consult with affected parties regarding proposals that are being considered by the SCCL, where the SCCL believes this desirable, including, if the SCCL believes this appropriate, by invitingaffected parties to present their points of view to the SCCL;
  • Provides advice on any related tasks or assignments the Minister may assign the SCCL;
  • Debates and advises on matters of company law, including corporate governance, business rescue, financial reporting standards, accountability and transparency as well as social and ethical issues relating to company law;
  • Takes cognisance of developments in international trade as advised from time to time by the dti;
  • Debates and advises on the harmonisation of corporate laws within the Southern African Development Community;
  • Identifies and advises on company law constraints and challenges and their impact on the economy and public interest issues, such as small businesses development, entrepreneurship and employment;
  • Advises on the policies and laws that impact on company law, such as Intellectual Property, Competition Policy or Industrial Policy;
  • Reports to the Minister on its activities in terms of the relevant legislation;
  • Considers and advises on any matters referred to it by the Minister within the sphere of the Act; and
  • Advises the Commission on the implementation of the Act.

Members of Specialist Committee on Company Law (SCCL):

  • Professor MichaelMervyn Katz (Chairperson);
  • Professor Tshepo Herbert Mongalo (Vice Chairperson);
  • Dr Johannes Erasmus;
  • Ms Miranda Janet Feinstein;
  • Ms Lesego Judith Sennelo;
  • Mr Farouk Hajee Ismail Cassim;
  • Mr Ignatius Simon Sehoole;
  • Mr Thabani Brian Jali;
  • Ms Astrid Ludin(CIPC); and
  • Advocate Rory Voller(CIPC).