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As part of the current review of the Companies Act of 2008 (the Act), Minister Patel has raised the possibility of introducing the mandatory appointment of employee representatives as directors of companies in South Africa. Although substantial detail around the proposed amendment to the Act still has to be crystalised and formalised, it is necessary for organisations and individuals in South Africa to start having a conversation in this regard to not only exchange ideas and opinions over the appropriateness and desirability of such a regulatory enactment, but also the relevant considerations and conditions to enable a process that could potentially facilitate the achievement of what is said to be the ultimate objective, being enhanced engagement with labour as a key stakeholder of business and giving labour a voice at the highest decision-making structures of a company.
Join us on Thursday, 15 April 2021 at 12h30 SA time as we engage in conversation with Prof Jean du Plessis of Deakin University, Australia. Jean is currently a Professor of Law in Deakin Law School as well as the University of the Western Cape. He studied in South Africa and obtained his Doctorate in Law (LLD) in 1991. From 2004 to 2008 Jean was involved in the South African Corporate Law Reform Program as part of a small international reference group that assisted the dtic with the new South African Companies Act of 2008. As an expert of, among many other things, the European governance model, and in particular the German model, Prof du Plessis has written extensively on the topic of board composition and worker participation.