Mercantile Law
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Browsing Mercantile Law by Author "Conradie, M."
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Item Open Access An analysis of the codes of good practice issued in terms of the Broad Based Black Economic Empowerment Act 53 of 2003(University of the Free State, 2006-11) Knoetze, Hyla Magdalena; Snyman-Van Deventer, E.; Conradie, M.English: BBBBBEE170 is an essential ingredient in facilitating the meaningful participation of blacks at all levels of the South African economy, in order to ensure sustainable socio-political and economic stability and the sustainability of the economic growth and development. BBBEE key principles • It is an ongoing process and not an event • It is a business imperative and an integral component of the company’s business strategy and is based on the core values of the organization • • It must result in meaningful and significant participation of blacks in the company and in the broader economy, through substantial changes in the racial composition of ownership, control, management structures and of skilled and specialist positions • It must lead to advantaged strategic position for the company, greater profitability, business growth and sustainable increase in stakeholder value • it is the responsibility of all management in the organisation.Item Open Access The co-operative as an appropriate form of enterprise for Black Economic Empowerment(University of the Free State, 2006-11) Schoeman, Nicolene Francina; Snyman–van Deventer, E.; Conradie, M.; De Lange, A.English: In the South African context, BEE is not only regarded as a moral and social imperative, but also as a legislative one. BEE functions on two levels, namely the creation and sustenance of wealth, and the creation of opportunities, in order to widen the economic sphere. If successful transformation is to be achieved in South Africa, it is of vital importance that practical suggestions for its implementation be investigated. The co-operative has been described by international organisations like the International Co-operative Alliance, as a business enterprise that develops and /or empowers people through self-help. Locally the co-operative both on SMME and large corporate scale has been identified as a potential vehicle to drive the social and economic upliftment of the people of the South Africa. The Co-operatives Act 14 of 2005 was promulgated to give effect to this. Co-operatives have the following characteristics that make them ideally suited to the current South African situation: they are versatile in their application, they are accessible enterprises as initial establishment is cost effective and they are generally easy to establish, they provide both a social and economic function (dual function) to their members, generally apply a one-member-one-vote-system in management thereby promoting democratic principles, and they promote the concepts of individualism and autonomy within their structures. A successful co-operative enhances both individual and collective human dignity and promotes the values of ubuntu, which uplifts people on all levels, thereby complying with both the social and economic aspects of BEE in the creation of opportunities to widen the economic sphere. Furthermore, the cooperative as an enterprise complies with the BEE scorecard as well as with the Codes of Good Practice which were drafted by government in accordance with the provisions of the Broad-based Black Economic Empowerment Act 53 of 2003.Item Open Access ‘n Kritiese analise van die Nasionale Kredietwet 34 van 2005(University of the Free State, 2012-02) Bester, Ankia; Mould, K. L.; Conradie, M.English: The National Credit Act 34 of 2005 came into operation in 2006 with the purpose to promote and regulate the credit market and industry and to protect consumers by promoting development of the credit market, consistent treatment of different credit products and different credit providers, promoting responsibility in the credit market, addressing incorrect imbalances, improving consumer credit information and reporting regulation of credit bureaus, addressing and preventing over-indebtedness of consumers, to develop a consistent and accessible system of consensual resolution of disputes and a consistent and harmonized system of debt restructuring, enforcement and judgment. With reference to the credit history and the many over-indebted South Africans, it is clear that the National Credit Act came into operation to repair the shortcommings of our previous credit legislation. With the commencment of the National Credit Act various forms of consumer credit protection was introduced to the credit market of which the most important is debt review. Notwithstanding the negative reception and impression the National Credit Act made on many South Africans, the majority of consumers welcomed the Act with open arms. The expectation of consumer protection, with reference to the prevention of over-indebtedness and debt review, was created for many consumers. After the completion of the obligated course, individuals throughout the country applied to the National Credit Regulator to be registered as debt counsellors with the prospect to assist consumers in accordance with section 3 of the National Credit Act. The National Credit Act was seen as something that will help everyone seeing that consumers do not have to run away from their obligations anymore. On paper this Act seemed to be executable, but unfortunately practical complications started to show in the National Credit Act that influenced the enforcement thereof. Grey areas like unreasonable litigation and termination of debt review, jurisdiction and cost complications are just some of the problems that debt counsellors have to face today. The consequence of these problems is that the debt review process becomes longer and more expensive than the National Credit Act aimed. To correct these grey areas in the National Credit Act, some sections of the Act must be amended to ensure that during the course of the debt review process, debt counsellors, credit consumers and credit providers will act in good faith so that the aim of the National Credit Act can be fullfilled.