Question 1 (Marks: 10)
Discuss the divisions of adjective law in South African law after learning that the law is part of
society, is generated by society, and in turn influences and shapes society.

Question 2 (Marks: 20)
In his renowned poem, “no man is an island”, Donne famously remarked that: “no man is an island, entire to itself. Every man represents a piece of the continent. A portion of the main”.

Recently, the South African president, President Cyril Ramaphosa met with Lesotho’s Prime Minister, Minister Samuel Ntsokoane Matekane, who both held bi-lateral discussions on the progress being made in the Kingdom of Lesotho, since the Prime Minister’s ascension to office.

Source: Donne, J .[n.d.]. No Man is an Island. Meditation XVII: Devotions upon Emergent Occasions. [Online]. Available at: https://web.cs.dal.ca/~johnston/poetry/island.html [Accessed 28 March 2023].

Source: South African Government News Agency. 2023. Pres Ramaphosa was encouraged by the progress made in Lesotho. SA News.gov.za. [Online]. Available at: https://www.sanews.gov.za/africa-south-africa/pres-ramaphosa-encouraged-progress-made-
lesotho [Accessed 28 March 2023].

Q.2.1. Discuss what foreign and international law is and how it impacts the law of
neighbouring states, if at all, in response to the preceding statement. (10)

Q.2.2. Provide a detailed account of national and international law and its impact on the
development of relationships between neighbouring states. (5)

Q.2.3. Discuss how generality, constancy through time, and non-retroactivity impact the
law and its growth as attributes of the rule of law. (5)

Question 3 (Marks: 10)
One of the three fundamental components of the South African legal system is the judicial
authority, which is responsible for adjudication. Discuss the judiciary’s independence within the context of South Africa.

Section B: Long Questions (Marks: 60)
Instructions
• The following section consists of four essay questions. Answer ONLY three of these four questions.
• Follow all instructions. Failure to follow instructions will result in penalties.
• The rubric is used as a guide.
• Make sure to answer in an essay format (introduction, body, conclusion).
• This section requires research beyond the prescribed material.
• Your essay should be between 800-1000 words.

NB – Your lecturer will not mark beyond the maximum word count for the question. For example, if you exceed the 1000-word limit by submitting a 1200-word essay, you could lose all marks
allocated to any sections/arguments that fall into the 200 words not marked.

Question 4 (Marks: 20)
Theunissen, in his article titled “Santam Company Secretary Linked to 3Sixty Group Resigns”, writes about the resignation of one of the prominent and vital members of the Board of Directors (BoD).
Find the full article reading on the link below. https://www.businesslive.co.za/bd/companies/financial-services/2022-03-28-santam-company- secretary-linked-to-3sixty-group-resigns/

According to King IV Principle 10, “the board shall guarantee that the selection and delegation of management contribute to role clarity and the effective exercise of power and duties.” As an executive member of the Board of Directors, discuss the functions of the board of directors in a company.

Note: External reading is required.

Question 5 (Marks: 20)
Rieger (2022) notes that “King IV does not deviate entirely from the principles and practices contained in King III”. It alludes that in fact, apart from amendments, King IV actually provides an enhancement of its predecessor by moving towards a more practical approach in the governance of organisations, while still placing an “emphasis on ethical leadership, attitude, mindset, and behaviour”.

Your task is to identify important changes implemented in King IV and explain what they each stand for.

Question 6 (Marks: 20)
For effective corporate governance, it is known that the board of directors must, amongst others, formulate strategies. Rieger (2022) notes that: “strategy development is not a simple process and requires detailed knowledge of the industry, the market and competitor activity, and operational and technical requirements”.

Discuss what measures should be taken while developing a plan.

Question 7 (Marks: 20)
In its judgment, the court in the matter of S v Boshoff remarked that, “Corruption and maladministration are inconsistent with the rule of law and the fundamental values of our Constitution”. Corruption is a complex and multifaceted phenomenon with multiple causes and effects. Rieger (2022).

Since corruption may manifest in different forms, your task is to discuss Misconduct, Cronyism, and Fraud while offering pertinent examples for each within the context of South Africa.

Ref: S v Boshoff (CA & R 390/12) [2013] ZAECGHC 102. (Accessed 7 February 2023).

Answers to Above Questions on Corporate Governance

Answer 1: The role of adjectives is crucial in case of South African law in better understanding and interpreting the law. The main source of adjectives can be identified from societal values and norms, and they act as a principal in applying the law to specific cases. An analysis of the divisions of adjective law in South African law is carried out as follows: