The first report indicated the legislative framework on Corporate Governance as it eminates from constitutional
provisions and prescripts. Key to the framework was legislatioin governing companies and related transformation
matters such as, Broad-Based Black Economic Empowerment (B-BBEE).
The Companies Bill, which was still before parliament at the time of tabling the First Report, became an Act
of parliament in February 2009. The Act seeks to promote the development of companies within all sectors of
the economy, encouraging active participation in economic organisation, the management, productivity and the
reaffirmation of the concept of ‘the company’ as a means of achieving economic and social benefits. It is also meant
to ease regulatory burden and streamline the company registration process by integrating all corporate business
undertakings into one regulatory regime. This will, in the main, deal with the transformation issues identified in the
CRR.
Companies have various transformative charters that they need to adhere to in terms of redressing the imbalances
and ownership distortions created by apartheid inspired economics. The Government-sponsored Broad-Based
Black Economic Empowerment (B-BBEE) Codes of Good Practice are to be applied in the development, evaluation
and monitoring of Black Economic Empowerment (BEE) charters, initiatives, transactions and other implementation
mechanisms.
The procurement system has been designed to ensure enforcement of codes found in these charters. In their
quest to meet the B-BBEE codes, companies have developed enterprise development programmes where
entrepreneurship development has been foregrounded as a business imperative rather than a quota compliance
matter. The support of SMMEs by conglomerates and private enterprises has thus far created new businesses
in the historically marginalised communities. The procurement spend of these companies is also utilised as a
mechanism to expand the second/ informal economy.
King III Report on Corporate Governance released in September 2009, is a voluntary code of good practice which
promotes ethics as the foundation of corporate governance and requires effective and responsible leadership of
companies that is characterised by the ethical values of responsibility, accountability, fairness and transparency.
Responsible leaders should ensure that companies are sustainable in relation to economic, social and environmental
impact in communities within which they operate. King III requires a reflection on the impact of business in society
and a realisation that business should be done ethically.
In order to make the governance system effective, shareholders should fulfil their role in the accountability chain,
as ownership comes with responsibility. To give guidance on how this responsibility is to be exercised, South
Africa has produced an Investors Code. The Investors Code aims to provide principles and guidance to institutional
shareholders’ responsible execution of their role. The new Investors Code will deal with matters such as accountability
of institutional investors to the ultimate beneficiaries of these investments, engagement with investee companies,
consideration of environmental, social and governance issues, as well as voting and disclosure procedures.
The CRR identifies a number of institutions and social groups that are underdeveloped. Key to these is the
support for women-led enterprises and implementation of B-BBEE. Government support for Small, Medium and
Micro Enterprises (SMMEs), especially those led by women, took a step forward when the Cabinet approved
40