A comparative analysis of directors' duty of care, skill and diligence in South Africa and in Australia

The South African and Australian law regarding directors' duty of care, ski ll and diligence were influenced considerably by English precedent of the late 1800s and early 19005. Originally both jurisdictions adopted a conservative approach towards directors' duty of care, skill and diligence. This resulted in very low standards of care, skill and diligence expected of directors. In Australia, the standards of care and diligence expected of directors changed drastically with the case of Daniels v Anderson, where objective standards were used to determine a breach of directors' duty of care and diligence, and when objective standards of care and diligence were introduced in Australian corporations legislation. In this article it is submitted that if the opportunity arose for a South African court to consider whether a director is in breach of his or her common law duty of care, skill and diligence, the form of fault that will be required will be negligence as judged against the standards of a reasonable person. This means that in actual fact objective standards of care and diligence are expected of directors in South Africa. Although section 76(3) of the South African Companies Act 71 of 2008 does not introduce purely objective standards of care, skill and diligence, the section is defended in this article. It is pointed out that encouraging emerging entrepreneurs to become directors of South African companies provides justification for keeping subjective elements as part of the test to determine whether a director was in breach of his or her statutory duty of care, skill and diligence.

The decision to demutualise : an analysis of the pressures for change. The case of life insurers in Australia and South Africa a comparative perspective

Since the 1980s a wave of demutualisations have occurred across a range of industries from stock exchanges to building societies, savings and loans associations and insurers. In both Australia and South Africa this has had a marked effect on the life insurance markets which had been dominated by mutual life insurers for 150 years. This paper adopts a case study approach to analyse the key drivers of organisational change. It examines the experiences of the Australian Mutual Provident (Australia’s oldest and largest life insurance mutual) and Sanlam (the second largest mutual life office in South Africa) as they proceeded down the path to demutualisation. It suggests a complex array of factors combined to place pressure on the existing mutual structures.

Estimating import and export demand elasticities for Mauritius and South Africa

In this paper, we re-estimate the import and the export demand functions for Mauritius and South Africa using time series data. We use the bounds tests for cointegration and find evidence of a long-run relationship between import demand, income and prices for both countries. Our long run elasticities reveal that domestic income and relative prices have significant effects on the import demand for both countries, with income being the most important determinant. Furthermore, we find that while South Africa’s export demand is not responsive to relative prices or income; for Mauritius income is statistically significant.

Optimisation of Bacillus thuringiensis var. israelensis (Vectobac) applications for the blackfly control programme on the Orange River, South Africa

The Orange River, South Africa’s largest river, is a critical water resource for the country. In spite of the clear economic benefits of regulating river flows through a series of impoundments, one of the significant undesirable ecological consequences of this regulation has been the regular outbreaks of the pest blackfly species Simulium chutteri and S. damnosum s.l. (Diptera: Simuliidae). The current control programme, carried out by the South African National Department of Agriculture, uses regular applications, by helicopter, of the target-specific bacterial larvicide Bacillus thuringiensis var. israelensis. While cost-benefit analyses show significant benefits to the control programme, benefits could potentially be further increased through applying smaller volumes of larvicide in an optimised manner, which incorporates upstream residual amounts of pesticide through downstream carry. Using an optimisation technique applied in the West African Onchocerciasis Control Programme, to a 136 km stretch of the Orange River which includes 31 blackfly breeding sites, we demonstrate that 28.5% less larvicide could be used to potentially achieve the same control of blackfly. This translates into potential annual savings of between R540 000 and R1 800 000. A comparison of larvicide volumes estimated using traditional vs. optimised approaches at different discharges, illustrates that the savings on optimisation decline linearly with increasing flow volumes. Larvicide applications at the lowest discharge considered (40 m³·s^-1) showed the greatest benefits from optimisations, with benefits remaining but decreasing to a theoretical 30% up to median flows of 100 m3·s-1. Given that almost 70% of flows in July are less than 100 m³·s^-1, we suggest that an optimised approach is appropriate for the Orange River Blackfly Control Programme, particularly for flow volumes of less than 100 m³·s^-1. We recommend that trials be undertaken over two reaches of the Orange River, one using the traditional approach, and another using the optimised approach, to test the efficacy of using optimised volumes of B.t.i.

Motives influencing soccer coaching : an empirical study of professional soccer coaches in South Africa

Heightened competition both on a global and national level has raised the bar regarding the expectations that sport organisations have of their coaches. Using the Self-Determination Theory (SOT), which emphasizes the distinction between intrinsically- and extrinsically- driven behaviours, the current study investigated the specific intrinsic and extrinsic factors that motivate professional soccer coaches in South Africa to coach. A non-experimental design using a quantitative approach to assess the motives of individual involvement of coaches in South Africa was employed. The Coach Motivation Scale (CMS) designed to assess motivational factors in coaching was administered to a purposive sample of 112 soccer coaches. Exploratory factor analysis was used to assess the number and nature of factors of the underlying structure of the data. In addition, correlation analysis was conducted on the data set. Both intrinsic and extrinsic motivation correlated significantly with highest academic qualification. Arising from the findings of the study implications for further study are suggested and recommendations made.