Page 55 - University of Pretoria Research Review 2017

Foreword
Introductory Messages
DEVELOPMENT AND CHANGE
Law and Business
Reform of company law and the protection of minorities
Maleka Femida Cassim, Department of Mercantile Law
Maleka Femida Cassim, Associate Professor in
the Department of Mercantile Law, is engaged in research on the reform of company law and South Africa’s Companies Act of 2008. Her focus is on
the protection of minority shareholders within the domain of company activity, in particular protection from oppression, prejudice, and abuse of powers by company directors.
In view of the host of recent corporate scandals
that have had a direct impact on many ordinary citizens (including pensioners, widows, orphans and employees), the protection of minorities is undoubtedly crucial. Her analysis of the prominent case of Juspoint Nominees (Pty) Ltd v Sovereign Food Investments Ltd was published in 2017 in the South African Mercantile Law Journal, while three further articles on other
facets of minority protection have been accepted for publication in 2018.
A burning issue currently is the encroachment of the business rescue provisions of the Companies Act on the rights of lessors and other property owners. The chief predicament of a property owner who finds her/ his property in the possession of a company under business rescue is the focus of Cassim’s first paper on the topic, also published in the South African Mercantile Law Journal in 2017. Her second (forthcoming) article discusses the protective measures that should be available for such property owners. She also co- authored a paper on the widely published decision of the Constitutional Court on the lucrative ‘Please Call Me’ service of Vodacom, in which Nkosana Makate sought remuneration from Vodacom for the company’s use of his idea in developing this service, from which Vodacom has reaped billions of rand.
Cassim’s research has made a significant contribution to the legal, commercial and accounting community. Her book on minority protection, published by Juta in 2016, was quoted with approval by the High Court in two important judgments: Lewis Group Ltd v Woollam (in 2017); and Mbethe v United Manganese of Kalahari (Pty) Ltd (in 2016). In total, the courts have to date adopted her work in no less than 10 judgments of the High Court and two judgments of the Supreme Court of Appeal.
PEOPLE AND CONTEXTS
HEALTH AND WELL-BEING
PLANET AND SUSTAINABILITY
Awards
Lead Researchers
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Companies play a vital role in society, and have an impact on investors, shareholders and consumers, as well as on employees and the communities where the companies operate.