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Rehana Cassim

University of South Africa

City of Tshwane

Pretoria

South Africa

SCHOLARLY PAPERS

37

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1

Scholarly Papers (37)

1.

Piercing the Veil Under Section 20(9) of the Companies Act 71 of 2008: A New Direction

(2014) 26(2) South African Mercantile Law Journal 307
Number of pages: 31 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 872 (68,582)

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piercing the corporate veil, unconscionable abuse, juristic personality, separate legal personality

2.

A Critical Analysis of the Amendments Proposed to the Social and Ethics Committee by the Companies Amendment Bill, 2018

South African Mercantile Law Journal (2021) 33(2) 153-175
Number of pages: 23 Posted: 02 May 2022
Rehana Cassim and Delani Mahhumane
University of South Africa and affiliation not provided to SSRN
Downloads 343 (217,698)

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Social and ethics committee, Companies Amendment Bill, 2018, ethics mandate, composition of the social and ethics committee, exemptions

3.

A Comparative Analysis of Director Tenure in South Africa and Selected International Jurisdictions (2021) 54(1) Comparative and International Law Journal of Southern Africa 1-37

Comparative and International Law Journal of Southern Africa
Number of pages: 37 Posted: 20 Sep 2021
Rehana Cassim
University of South Africa
Downloads 311 (242,510)

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Director tenure, independent non-executive directors, shareholder approval, disclosure, transparency

4.

An Analysis of Trends in Shareholder Activism in South Africa

African Journal of International and Comparative Law
Number of pages: 26 Posted: 13 May 2022
Rehana Cassim
University of South Africa
Downloads 307 (246,001)

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Shareholder activism, Companies Act 71 of 2008, executive remuneration, disclosure and transparency

5.

Delinquent Directors Under the Companies Act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35

Potchefstroom Electronic Law Journal, 2016
Number of pages: 28 Posted: 29 Jul 2020
Rehana Cassim
University of South Africa
Downloads 196 (387,820)

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Company Law, delinquent directors, section 162(5) of the Companies Act 71 of 2008, substantial misconduct of directors, retrospectivity, prescription

6.

An Analysis of Directors’ Fiduciary Duties in the Removal of a Director from Office

(2019) 30(2) Stellenbosch Law Review 212
Number of pages: 22 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 166 (451,846)

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removal of directors, fiduciary duties

7.

Post-Resignation Duties of Directors: The Application of the Fiduciary Duty not to Misappropriate Corporate Opportunities

(2008) 125(4) South African Law Journal 731
Number of pages: 23 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 162 (461,868)

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fiduciary duties, post-resignation duties, corporate opporunities, conflict of interest

8.

The Power to Remove Company Directors from Office: Historical and Philosophical Roots

(2019) 25(1) Fundamina: A Journal of Legal History 37
Number of pages: 33 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 161 (464,348)

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division of powers between directors and shareholders, separation of ownership and control, balance of powers between directors and shareholders, removal of directors, corporate democracy

9.

Post-Resignation Survival of Fiduciary Duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) ZAWCHC 20 (5 March 2019)

Post-Resignation Survival of Fiduciary Duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) [2019] ZAWCHC 20 (5 March 2019) (2021) 24 PER/PELJ 1-28
Number of pages: 28 Posted: 27 Jul 2021
Rehana Cassim
University of South Africa
Downloads 141 (521,126)

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Company Law, post- resignation fiduciary duties, duty not to misappropriate corporate opportunities, right to choose a trade, occupation and profession

10.

A Critical Analysis of the Use of the Oppression Remedy by Directors Removed From Office by the Board of Directors Under the Companies Act 71 of 2008

(2019) 40(3) Obiter 154
Number of pages: 16 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 125 (576,589)
Citation 1

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Removal of Directors, Oppression Remedy, Companies Act 71 of 2008

11.
Downloads 107 (654,536)

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derivative action, delinquency remedy

12.

The Removal of Directors by the Board of Directors under the Companies Act 71 of 2008: Should it be a Mandatory or an Alterable Provision?

(2019) 52(3) The Comparative and International Law Journal of Southern Africa 389
Number of pages: 21 Posted: 13 Oct 2020
Rehana Cassim
University of South Africa
Downloads 90 (741,870)

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Removal of Directors, Mandatory Powers, Alterable Powers, Companies Act 71 of 2008

13.
Downloads 77 (823,406)

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state-owned companies, removal of directors

14.

A Critical Analysis Of The State Capture Commission Recommendations To Protect Whistleblowers In South Africa

South African Law Journal, volume 140, issue 4, 2023[10.47348/SALJ/v140/i4a8]
Number of pages: 31 Posted: 12 May 2025
Rehana Cassim
University of South Africa
Downloads 61 (951,391)

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Whistleblowers, Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State, Zondo Commission, United Nations Convention against Corruption, Companies Act 71 of 2008, Protected Disclosures Act 26 of 2000

15.

The Suspension and Setting Aside of Delinquency and Probation Orders Under the Companies Act 71 of 2008

Potchefstroom Electronic Law Journal, 2019
Number of pages: 30 Posted: 29 Jul 2020
Rehana Cassim
University of South Africa
Downloads 35 (1,249,288)

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company law, delinquent directors, suspension of delinquency orders, sections 162(11) and 162(12) of the Companies Act 71 of 2008, setting aside of probation orders, rehabilitation of directors,

16.

Regulation of the Use of Remuneration Consultants in South Africa: Proposals for Legislative Reform

Number of pages: 17 Posted: 12 Aug 2025
University of South Africa, University of South Africa and University of South Africa (UNISA)
Downloads 27 (1,358,653)

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Executive Remuneration, Remuneration Consultants, South Africa, Companies Act 71 Of 2008

17.

Confusion in the Judicial Review of Board Decisions to Remove Directors Under Section 71 of the Companies Act 71 of 2008

Potchefstroom Electronic Law Journal, volume 28, 2025[10.17159/1727-3781/2025/v28i0a22018]
Number of pages: 27 Posted: 21 Nov 2025
Rehana Cassim
University of South Africa
Downloads 26 (1,372,135)

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Company Law, Removal of directors by the board of directors, Section 71(5) of the Companies Act 71 of 2008, Judicial review of board decisions to remove a director, Types of judicial review, Awarding of costs in a section 71(5) review application

18.

A Critical Analysis of the Corporate Whistleblowing Provisions of the South African Companies Act

Journal of African Law (2023) 67 297-315
Number of pages: 19 Posted: 23 May 2024
Rehana Cassim
University of South Africa
Downloads 25 (1,385,425)

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Whistleblowing, corporate whistleblowers, protection of whistleblowers, victimization of whistleblowers, financial incentives

19.

A Critical and Comparative Analysis of the Regulation of the Office of the Chairman in Contemporary South African Companies

Comparative and International Law Journal of Southern Africa, 2024[10.25159/2522-3062/13859]
Number of pages: 27 Posted: 19 May 2025
Rehana Cassim
University of South Africa
Downloads 22 (1,423,799)

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Chairman of companies, appointment of chairman, tenure of chairman, functions and liabilities of chairman, fiduciary duties

20.

Reverse Piercing of the Corporate Veil 
Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust 2023 (5) SA 68 (SCA)

Obiter, volume 46, issue 4, 2025[10.17159/f41w4585], Obiter Journal, Volume 46, No. 4, pp 1077-1092, Obiter Journal, Volume 46, issue 4, pp. 1077-1092
Number of pages: 16 Posted: 24 Feb 2026
Rehana Cassim
University of South Africa
Downloads 9 (1,547,785)

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Piercing the Corporate Veil, Reverse Piercing of the Corporate Veil, Insider Reverse Piercing, Outsider Reverse Piercing, Lifting the Corporate Veil

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Delinquent directors, Directors of state-owned entities, Public interest, Section 162 of the Companies Act 71 of 2008

22.

Confusion in the Removal of Directors by Shareholders under the Companies Act 71 of 2008: Miller v Natmed Defence (Pty) Ltd

South African Law Journal (2022) 139(4) 741-756
Posted: 23 May 2024
Rehana Cassim
University of South Africa

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Removal of directors, shareholder removal, reasons for removal, notice period of meetings, telephonic meetings, damages for loss of office

23.

A Critical and Comparative Analysis of Delegation and Reliance by Company Directors Under the South African Companies Act 71 of 2008

African Journal of International and Comparative Law (2024) 32(1) 125-148
Posted: 23 May 2024
Rehana Cassim
University of South Africa

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Delegation by directors, reliance on third parties, nondelegable matters, limits of reliance on third parties, abdication of responsibilities; business judgment rule

24.

An Escalation of Corporate Corruption during the COVID-19 Pandemic: Is the Anti-corruption Framework of the Companies Act 71 of 2008 Adequate

Stellenbosch Law Review 349-375, (2002) 33(3)
Posted: 28 Nov 2022
Rehana Cassim
University of South Africa

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Companies Act 71 of 2008, corporate corruption, bribery, social and ethics committee, disqualification of director, whistle-blowers

25.

A Comparative Analysis of the Identification of De Facto and Shadow Directors in South Africa, The United Kingdom and Australia

A Comparative Analysis of the Identification of De Facto and Shadow Directors in South Africa, the United Kingdom and Australia” (2021) 15(1) International and Comparative Corporate Law Journal 1-27
Posted: 08 Jul 2021
Rehana Cassim
University of South Africa

Abstract:

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Companies Act 71 of 2008, shadow directors, de facto directors, definition of ‘director’

26.

A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act

A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act” (2020) Journal of African Law 1-24. doi:10.1017/S0021855320000248
Posted: 24 Mar 2021
Rehana Cassim
University of South Africa

Abstract:

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Judicial disqualification of directors, delinquent directors, substantial misconduct of directors, judicial interference in internal affairs of a company

27.

Contesting the Removal of a Director by the Board of Directors under the Companies Act 71 of 2008

(2016) 133(1) South African Law Journal 133
Posted: 11 Dec 2020
Rehana Cassim
University of South Africa

Abstract:

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removal of directors, remedies for removal of directors, access to information

28.

The Right of a Director to Participate in the Management of a Company: Kaimowitz v Delahunt 2017 (3) SA 201 (WCC)

(2018) 30(1) South African Mercantile Law Journal 172
Posted: 11 Dec 2020
Rehana Cassim
University of South Africa

Abstract:

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duties of a company director, involvement in company’s day-to-day affairs

29.

A Critical Analysis of the Judicial Review Procedures under Section 71 of the Companies Act 71 of 2008

(2018) 30(2) South African Mercantile Law Journal 302
Posted: 11 Dec 2020
Rehana Cassim
University of South Africa

Abstract:

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removal of directors, removal by the board of directors, judicial review

30.

A Critical Analysis of the Grounds of Removal of a Director by the Board of Directors under the Companies Act 71 of 2008

(2019) 136(3) South African Law Journal 513
Posted: 11 Dec 2020
Rehana Cassim
University of South Africa

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Removal of Directors, Grounds of Removal, Companies Act 71 of 2008

31.

Disclosure of Directors’ Remuneration under South African Company Law: is it adequate?

(2017) 134(2) South African Law Journal 383
Posted: 11 Dec 2020
Rehana Cassim
University of South Africa

Abstract:

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remuneration of directors, disclosure of remuneration, transparency and accountability

32.

The Capital Maintenance Concept and Share Repurchases in South African Law

2004 15(6) International Company and Commercial Law Review 188
Posted: 08 Dec 2020
FHI Cassim and Rehana Cassim
University of London and University of South Africa

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capital maintenance concept, reduction of share capital, dividends, repurchase of shares

33.

Some Aspects of Insider Trading – Has the Securities Services Act 36 of 2004 Gone Too Far?

(2007) 19(1) South African Mercantile Law Journal 44
Posted: 08 Dec 2020
Rehana Cassim
University of South Africa

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Insider Trading; Chinese Wall; Foreign Markets, Penalties, Offences of Insider Trading, Defenses

34.

An Analysis of Market Manipulation under the Securities Services Act 36 of 2004 (Part 2)

(2008) 20(2) South African Mercantile Law Journal 177
Posted: 08 Dec 2020
Rehana Cassim
University of South Africa

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Market Manipulation, Disclosure-Based Market Manipulation, Defenses to Market Manipulation, Penalties for Market Manipulation

35.

An Analysis of Market Manipulation under the Securities Services Act 36 of 2004 (Part 1)

(2008) 20(1) South African Mercantile Law Journal 33
Posted: 08 Dec 2020
Rehana Cassim
University of South Africa

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Market Manipulation, Rationale for Regulating Market Manipulation, Insider Trading Practices

36.

The Legal Status of Political Protest Action Under the Labour Relations Act 66 of 1995

(2008) 29 Industrial Law Journal 2349
Posted: 08 Dec 2020
Rehana Cassim
University of South Africa

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right to protest on political issues; labour law; socio-economic interest of workers, strike action

37.

The Device of Weighted Votes in Blocking the Removal of Directors from Office under the South African Companies Act 71 of 2008

(2019) 63(2) Journal of African Law 281
Posted: 08 Dec 2020
Rehana Cassim
University of South Africa

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Weighted Votes, Loaded Voting Rights, Removal of Directors, Shareholding-Directors, Blocking of Votes, Entrenching Directors in Office