Papers by Tebello Thabane
The thesis examines the ownership model and various control arrangements of state-owned companies... more The thesis examines the ownership model and various control arrangements of state-owned companies (SOCs) to establish how the division of corporate power between the boards of directors and shareholder-representatives and the exercise of corporate power by these organs impact corporate governance. The thesis makes several claims. First, it argues that the architecture of ownership and control is not underpinned by a sound theoretical base and lacks a clear and consistent economic and political logic. Second, the motivations for state ownership are vague and contradictory, resulting in an irrationally amorphous ownership model. Third, shareholder control powers are excessive, often abused, and lead to shareholder proximity to the locus of governance, which engenders interference and erodes boards' autonomy and authority to govern effectively. Fourth, the legal and regulatory regime governing SOCs is plural, complex, fragmented, and contradictory. Collectively, these and other con...
Racism in the workplace
Industrial Law Journal, 2008
The Human Rights and Peace Centre (Huripec)
The United Nations Protect, Respect and Remedy Framework and its Guiding Principles were adopted ... more The United Nations Protect, Respect and Remedy Framework and its Guiding Principles were adopted at the back of a long history of failed UN attempts to deal with corporate-related human rights abuses and ineffective corporate initiated voluntary measures. The need for the Framework and Guiding Principles was heightened by the current climate of neo-liberal globalisation which allows powerful multinational corporations to operate in countries that are sometimes unable to rein them in due to various factors, including sheer corruption; the need to attract and retain foreign direct investment; and archaic legal systems that are unable to deal with intricate corporate structures. This article critically examines the availability of remedies for victims of corporaterelated abuses who, for one or more of the above reasons, are unable to access justice in the host state and look towards the home state for a remedy. It argues that by failing to address hurdles to accessing home state remedies, such as the principle of forum non conveniens, state sovereignty, separate legal personality and limited liability, the Framework and Guiding Principles have failed to clearly define circumstances under which, and means by which, multinational corporations will be held liable under the laws of their home states for human rights violations committed beyond their home borders -by their subsidiaries or so-called 'foreign hands'. Consequently, victims are likely to be without remedies which are unavailable in the host state. Thus, for victims of corporate-related abuses, the more things change, the more they stay the same.
Stacking the odds against the accused' : appraising the curial attitude towards amici participation in criminal matters
The law governing amicus curiae participation in criminal matters was recently laid down in S v B... more The law governing amicus curiae participation in criminal matters was recently laid down in S v Basson: Ex Parte Institute for Security Studies which was followed by S v Zuma. It essentially requires the court to be cautious in not allowing amicus curiae participation where this will stack the odds against the accused. Looking at the history, primary role and utility of amici curiae and how the courts in Canada and the US treat their participation particularly in criminal matters, it is suggested that South African courts should not hastily disallow their participation in criminal matters. A court faced with an application by an aspirant amicus curiae must embark on a three-stage enquiry. The first and obvious question is whether amicus curiae will aid it not to err. Secondly, will its participation compromise the parties' fair trial rights? And lastly, are there ways of allowing its participation whilst still respecting the parties' rights? The paper argues for a liberal application of the Basson rule. In order to respect fair trial rights, an amicus curiae can be allowed to participate only if the application is made timeously - before the defence positions itself. It can also be limited to written submissions to avoid delays and costs. As far as equality of arms is concerned, a pro-prosecution amicus can be balanced by a pro-accused amicus thus avoiding stacking the odds against the accused.
To the wonderful staff of the Human Rights and Peace Centre (HURIPEC) and the Faculty of Law of M... more To the wonderful staff of the Human Rights and Peace Centre (HURIPEC) and the Faculty of Law of Makerere University l extend my gratitude and appreciate your hospitality and professionalism. To my colleagues cum friends (the Ujamaa family), Ambani
The impact of regulatory pluralism and complexity on the governance of state-owned companies in South Africa
SA mercantile law journal, 2023
Potchefstroom Electronic Law Journal
Globally, states use state-owned companies (SOCs) or public corporations to provide public goods,... more Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery and encourage economic development and industrialisation. Particularly given its unique socio-political and economic dynamics, a country such as South Africa clearly needs this type of strategic enterprise. Yet, that does not mean that everything at our SOCs is as it should be. The beleaguered South African Broadcasting Corporation (SABC) has recently seen the resignation of board members, shareholder interference in its operational affairs, and a high turnover of chief accounting officers and other executive management members. Due to non-performance, it has also received several cash injections from its shareholder to enable it to continue to deliver its services. In addition, the shareholder minister took it upon herself to amend the SABC's memorandum of inco...
Bridging the gap between de jure and de facto parliamentary representation of women in Africa
The Comparative and International Law Journal of Southern Africa, 2008
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Papers by Tebello Thabane