Graph 3: Sub-Saharan economies with strong investor protection since 2005
Note:
The scale is of 0-10, with 0 being the least protection and 10 the highest protection
Source: Doing Business 2011.
251. Notwithstanding the progress recorded in terms of investor protection, the issue of directors’
responsibilities and defending minority shareholders still needs to be given special attention in
the action plan. The principle recommended here by the APR Panel is one of the most basic
principles of Corporate Governance, and the adoption and implementation of a Corporate
Governance Code by enterprises will result in such treatment being given.
252. Significant progress has been made in observance of the recommendation by the APR Panel
on the need for dissemination of the new Commercial Code. In fact, this new Commercial
Code is already being implemented in the country.
Objective 5:
To ensure the accountability of corporations, directors and employees
The APR Panel recommended that parameters of accountability be defined in the corporations,
starting with the functioning of the boards – to include appointments to the boards through selection,
mix of gender/skills balance on the boards, board/ management relationships, operational and risk
management plans, reporting and communication policies (i); that local professional institutions be
created, e.g., Institute of Personnel Management; Institute of Accountants (ii); that a set of rules and
principles be adopted in which a critical mass of professionals is trained (iii); and that Article 43 of the
Commercial Code, on the publication of financial records, be amended (iv).
253. In that which concerns the recommendation by The APR Panel relating to the definition of
accountability parameters in corporations, there is no concrete evidence of this yet, although
this is practice for multinational companies or companies owned by multinationals whose
parent institutions are based abroad. This matter may be settled when the Corporate
Governance Code is put into practice, particularly regarding the points relating to the
appointment of management bodies and on their responsibilities.
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