The Social and Ethics Committee: Innovating Corporate Governance in South Africa

In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, 2019), Chapter 26.

University of Oslo Faculty of Law Research Paper No. 2019-30

Posted: 8 May 2019 Last revised: 15 Jun 2020

See all articles by Tshepo Mongalo

Tshepo Mongalo

University of the Witwatersrand - School of Law

Date Written: May 6, 2019

Abstract

The chapter examines the legislation of corporate sustainability in South Africa through the introduction of the Social and Ethics Committee under the country’s current Companies Act, 2008. It is argued that this is a board committee of a special kind, with original board powers. Given its far-reaching powers with regard to corporate sustainability matters – including social and economic development, good corporate citizenship, consumer relations to labour and employment, the environment, health and public safety – it is argued that the Social and Ethics Committee should be seen as the second board in companies required to have this structure.

Keywords: board powers, board committee, second board, corporate sustainability

Suggested Citation

Mongalo, Tshepo, The Social and Ethics Committee: Innovating Corporate Governance in South Africa (May 6, 2019). In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, 2019), Chapter 26. , University of Oslo Faculty of Law Research Paper No. 2019-30, Available at SSRN: https://ssrn.com/abstract=3383492

Tshepo Mongalo (Contact Author)

University of the Witwatersrand - School of Law ( email )

PBag X3, WITS
2050 Johannesburg
South Africa

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