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This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term “social enterprise” mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.
What does Corporate Governance mean in the post Steinhoff-collapse era in South Africa? It has become more important than ever, and this established work by top directors from accounting and legal backgrounds is an essential handbook for all Company Directors, their advisers, and those who have aspirations to be business leaders.A new & significantly expanded edition of this leading reference on Corporate Governance in South Africa, this book incorporates a new and comprehensive Summary of the King IV code, as well updated examples and current thinking on an increasingly important sphere.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Corporate Governance (Fourth Edition) continues to inform on all aspects of corporate governance, while keeping readers up to date with the latest developments. It is now established as the leading South African work on the subject. The past five years since publication of the third edition has seen a number of changes in the application of corporate governance in South Africa and beyond. Locally, we have seen the application of the 2008 Companies Act, and in the United Kingdom, a new Corporate Governance Code has been introduced. Significant developments have taken place in the area of corporate reporting, via the appearance of an International Integrated Reporting Framework, widening the scope of the traditional annual report. The Fourth Edition deals with these changes. Key additions are chapters on types of entities, and a comparison of local and international practice. Corporate Governance was first published in 2002 shortly after the publication of the original King Report, to help explain the need for corporate governance in the private and public sectors and to provide South African executives and professionals with a practical framework to establish governance systems and practices in their own organisations.
About the publication The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC's complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work. About the editor: Stu Woolman is the Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Brahm Fleisch is Associate Professor in the Division of Education Leadership and Policy Studies in Wits School of Education.