scholarly journals Revisiting the contractual effect of the company’s constitution in corporate operations

2016 ◽  
Vol 13 (4) ◽  
pp. 649-657
Author(s):  
Anthony O. Nwafor
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Judicial Decisions ◽  
The United Kingdom ◽  
Made In

The extent to which a company’s constitution defines the relationships between the company, its members and officers as such have been a subject of debate. A number of varying judicial decisions and academic opinions have been expressed on these issues. The controversies are embedded in the manner of drafting of the relevant provisions of the regulating instruments with the attendant difficulties in interpretation. In recent times the parliament in some jurisdictions have intervened by enacting laws intended to introduce some level of clarity into the debated issues. The paper examines, by a comparative analysis, the provisions in the Companies Acts of the United Kingdom, Nigeria and South Africa. While a significant improvement seems to have been made in those jurisdictions in redefining the contractual effects of the companies’ constitution in their respective extant companies’ legislation, the gale of controversy on the enforcement of those contracts are far from settled

scholarly journals Lessons on Parental Leave: A Comparative Analysis of Parental Leave in South Africa and the United Kingdom

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 787-805
Author(s):  
Asheelia Behari
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Maternity Leave ◽  
Parental Leave ◽  
Primary Role ◽  
The United Kingdom ◽  
Participation Of Women ◽  
Labour Participation ◽  
The Right

Recent amendments to the Basic Conditions of Employment Act 75 of 1997 have resulted in the introduction of parental leave. This provides employees with 10 consecutive days of time off from work to care for their newborn babies and may commence from the day of the birth. The right to parental leave has the additional benefit of impacting gendered social assumptions that place women in the primary role of caregiver and a secondary role as worker. With the rise in the labour participation of women, there has been an increase in the need for the involvement of men in the caregiving and upbringing of children in the home. Although parental leave applies to men and women, it has been enacted with the objective of encouraging working fathers to participate as caregivers and to share in the burden of care placed on new mothers to care for themselves and their newborn babies during maternity leave. This article considers the effects of parental leave as a recent addition to South African law by conducting a comparative analysis with the long-established parental leave models of the United Kingdom. These include the right to parental leave that is applicable to a parent who has parental responsibility for a child, and a right to shared parental leave, which allows the mother of the child to share her maternity leave with the other parent of the child. The parental leave rights of the United Kingdom have been developed to provide employees with choice and flexibility to accommodate their caregiving responsibilities, and may indicate a trajectory for the progression of the newly enacted right to parental leave in South Africa.

Human Biobanking in Developed and Developing Countries: An Ethico-Legal Comparative Analysis of the Frameworks in the United Kingdom, Australia, Uganda, and South Africa

2020 ◽  
Vol 30 (1) ◽  
pp. 146-160
Author(s):  
SAFIA MAHOMED
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
United Kingdom ◽  
Comparative Analysis ◽  
The United Kingdom ◽  
Biobank Research ◽  
International Collaborations ◽  
Consistent Manner ◽  
Legal Frameworks ◽  
Over Time

AbstractAlthough the concept of biobanking is not new, the open and evolving nature of biobanks has created profound ethical, legal, and social implications, including issues around informed consent, community engagement, secondary uses of materials over time, ownership of materials, data sharing, and privacy. Complexities also emerge because of increasing international collaborations and differing national positions. In addition, the degrees and topics of concern vary as legislative, ethical, and social frameworks differ across developed and developing countries. Implementing national laws in an internationally consistent manner is also problematic. However, these concerns should not cause countries, especially developing countries, to lag behind as this novel wave of research gains momentum, particularly while several biobank initiatives are already underway in the developing world. As the law has always struggled to keep up with the fast-evolving scientific arena, this article seeks to identify the ethico-legal frameworks in place in the United Kingdom, Australia, Uganda, and South Africa, for human biobank research, in an attempt to compare and contextualize the approaches to human biobanking in specific developed and developing countries.

scholarly journals A Comparative Analysis of Director Tenure in South Africa and Selected International Jurisdictions

2021 ◽  
Vol 54 (1) ◽  
Author(s):  
Rehana Cassim
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
Hong Kong ◽  
United Kingdom ◽  
Comparative Analysis ◽  
South African ◽  
The South ◽  
Public Companies ◽  
The United Kingdom ◽  
Governance Practices

Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive) director’s independence. Director tenure has recently come under the spotlight in South Africa. Shareholder activists are expressing disapproval of lengthy tenures of directors serving on boards of listed public companies and exerting pressure on long-serving directors to resign from office. This article examines whether the South African corporate governance principles regulating director tenure are adequate or in need of revision. The article examines further the corporate governance practices in leading jurisdictions such as the United Kingdom, Malaysia, Singapore, Hong Kong, and India that have recently revised their corporate governance practices. It then makes recommendations for enhancing the South African corporate governance approach to director tenure. It also calls on directors to collaborate with shareholders and independent external experts to examine their approach to director tenure and, if circumstances allow, revise the company’s memorandum of incorporation to limit directors’ tenure or provide for a staggered rotation of directors on the board.

scholarly journals Treaty Exit in the United States: Insights from the United Kingdom or South Africa?

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 428-433 ◽  
Author(s):  
Curtis A. Bradley ◽  
Laurence R. Helfer
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
South African ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
The European Union ◽  
The United Kingdom ◽  
Made In

Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive's authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in the United States. We conclude that they are unlikely to offer much guidance, both because of differences in the three countries' constitutions and because the reasoning of the U.K. and South African courts do not engage with the central arguments made in the United States concerning the President's unilateral authority to withdraw from treaties.

scholarly journals RIC in COVID-19—a Clinical Trial to Investigate Whether Remote Ischemic Conditioning (RIC) Can Prevent Deterioration to Critical Care in Patients with COVID-19

2021 ◽  
Author(s):  
Sean M. Davidson ◽  
Kishal Lukhna ◽  
Diana A. Gorog ◽  
Alan D. Salama ◽  
Alejandro Rosell Castillo ◽  
...  
Keyword(s):  
South Africa ◽  
Clinical Trial ◽  
United Kingdom ◽  
Inflammatory Cytokines ◽  
In Vitro Cytotoxicity ◽  
Cytokine Storm ◽  
Remote Ischemic Conditioning ◽  
Ischemic Conditioning ◽  
The United Kingdom

Abstract Purpose Coronavirus disease 19 (COVID-19) has, to date, been diagnosed in over 130 million persons worldwide and is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). Several variants of concern have emerged including those in the United Kingdom, South Africa, and Brazil. SARS-CoV-2 can cause a dysregulated inflammatory response known as a cytokine storm, which can progress rapidly to acute respiratory distress syndrome (ARDS), multi-organ failure, and death. Suppressing these cytokine elevations may be key to improving outcomes. Remote ischemic conditioning (RIC) is a simple, non-invasive procedure whereby a blood pressure cuff is inflated and deflated on the upper arm for several cycles. “RIC in COVID-19” is a pilot, multi-center, randomized clinical trial, designed to ascertain whether RIC suppresses inflammatory cytokine production. Methods A minimum of 55 adult patients with diagnosed COVID-19, but not of critical status, will be enrolled from centers in the United Kingdom, Brazil, and South Africa. RIC will be administered daily for up to 15 days. The primary outcome is the level of inflammatory cytokines that are involved in the cytokine storm that can occur following SARS-CoV-2 infection. The secondary endpoint is the time between admission and until intensive care admission or death. The in vitro cytotoxicity of patient blood will also be assessed using primary human cardiac endothelial cells. Conclusions The results of this pilot study will provide initial evidence on the ability of RIC to suppress the production of inflammatory cytokines in the setting of COVID-19. Trial Registration NCT04699227, registered January 7th, 2021.

scholarly journals Comparative analysis of the clinical characteristics and outcomes of patients with Wilms tumor in the United Kingdom and Japan

2021 ◽  
Author(s):  
Kayo Nakata ◽  
Richard Williams ◽  
Yoshiaki Kinoshita ◽  
Tsugumichi Koshinaga ◽  
Veronica Moroz ◽  
...  
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
Clinical Characteristics ◽  
Wilms Tumor ◽  
The United Kingdom

scholarly journals A cross-sectional survey assessing the influence of theoretically informed behavioural factors on hand hygiene across seven countries during the COVID-19 pandemic

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
K. A. Schmidtke ◽  
K. G. Drinkwater
Keyword(s):  
South Africa ◽  
Saudi Arabia ◽  
United Kingdom ◽  
Hand Hygiene ◽  
Behaviour Change ◽  
Surface Cleaning ◽  
Behaviour Change Techniques ◽  
Cross Sectional ◽  
Surface Areas ◽  
The United Kingdom

Abstract Background Human hygiene behaviours influence the transmission of infectious diseases. Changing maladaptive hygiene habits has the potential to improve public health. Parents and teachers can play an important role in disinfecting surface areas and in helping children develop healthful handwashing habits. The current study aims to inform a future intervention that will help parents and teachers take up this role using a theoretically and empirically informed behaviour change model called the Capabilities-Opportunities-Motivations-Behaviour (COM-B) model. Methods A cross-sectional online survey was designed to measure participants’ capabilities, opportunities, and motivations to [1] increase their children’s handwashing with soap and [2] increase their cleaning of surface areas. Additional items captured how often participants believed their children washed their hands. The final survey was administered early in the coronavirus pandemic (May and June 2020) to 3975 participants from Australia, China, India, Indonesia, Saudi Arabia, South Africa, and the United Kingdom. Participants self-identified as mums, dads, or teachers of children 5 to 10 years old. ANOVAs analyses were used to compare participant capabilities, opportunities, and motivations across countries for handwashing and surface disinfecting. Multiple regressions analyses were conducted for each country to assess the predictive relationship between the COM-B components and children’s handwashing. Results The ANOVA analyses revealed that India had the lowest levels of capability, opportunity, and motivation, for both hand hygiene and surface cleaning. The regression analyses revealed that for Australia, Indonesia, and South Africa, the capability component was the only significant predictor of children’s handwashing. For India, capability and opportunity were significant. For the United Kingdom, capability and motivation were significant. Lastly, for Saudi Arabia all components were significant. Conclusions The discussion explores how the Behaviour Change Wheel methodology could be used to guide further intervention development with community stakeholders in each country. Of the countries assessed, India offers the greatest room for improvement, and behaviour change techniques that influence people’s capability and opportunities should be prioritised there.

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