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Associate Professor Tshepo Mongalo

Profile

T.H. Mongalo B.Proc (Summa Cum Laude), LLB (Natal), LLM (Cambridge) Certificate in Legal Writing (Cape Town). Corporate Law Consultant at Edward Nathan Sonnenbergs Inc.

Research interests: Corporate Finance Law, Corporate Governance, Business Rescue , Enforcement of Corporate Law and the Relationship between Constitutional Law & Company Law.



Teaching

Corporation Law (LLB)
Company Law (LLB)
Advanced Company Law (LLM)

Publications

Books and Reports:

"Corporate Law & Corporate Governance: A Global Picture of Business Undertakings in South Africa " (Van Schaik) (2003).

"Forms of Business Enterprise: Theory, Structure & Operation" co-authored with Cephas Lumina and Fahreen Kader(Van Schaik) (2004)."

"Companies & Other Business Structures under South African Law (Co-authored with D. Davis, F. Cassim, W. Geach, D. Butler, A. Loubser, L. Coetzee and D. Burdette) Oxford University Press (2008)

"Company Law For the 21st Century: Guidelines for Corporate Law Reform in South Africa" (Published under the auspices of the South African Department of Trade & Industry (June 2004)

Chapters in Books:

1.) Mongalo, Tshepo 'Corporate Governance and the Constitution: A Case for Broadening Stakeholders' in Max du Plessis and Stephen Pete (eds.) Constitutional Democracy in South Africa (2005) LexisNexis Butterworths.

Articles:

1.) Mongalo, Tshepo, The Emergence of Corporate Governance as a Fundamental Research Topic in South Africa' (2003) 120 SALJ 173-191.

2.) Mongalo, Tshepo, 'Shareholder Activism in the United Kingdom highlights the failure of Remuneration Committees: Lessons for South Africa' (2003) 120 SALJ 756-766

3.) Mongalo, Tshepo, 'The Myth of director appointment by shareholders and shareholder activism in listed companies' (2004) TSAR 96-114/ (2003) Obiter 390-411

4.) Mongalo, Tshepo, 'South Africanizing company law for a modern, competitive global economy' (2004) SALJ 93-116.

5.) Mongalo, T. 'Convergence of traditional Corporate Governance and Modern Corporate Governance Reforms: is King II déjà vu for boards of directors or is it a set of new principles?' (2004) 25 Obiter 79-90.

6.) Mongalo, T. 'Self-regulation Versus Statutory Codification: Should the new regime of Corporate Governance be accorded statutory backing?' (2004) 67 THRHR 264-279

7.) Mongalo, T., 'Acting on Corporate Change' Accountancy SA Sep., (2005): 39-40.

8.)Tshepo Mongalo, 'Corporate Governance Issues Requiring Urgent Attention in South Africa: An Analysis', (2003) 24 Company Lawyer 347 - 350.

Achievements

Advisory Committee Member of the South African Law Reform Commission on 'Project 25' aimed at statutory law revision of the legislation administered by the Department of Trade & Industry (2008).

Former Project Manager for Company Law Reform in South Africa (2003 - 2008)

Former occasional Representative of the Department of Trade & Industry in South Africa APRM(African Peer Review Mechanism) National Governing Council (2006 - 2008)

Former Reporter on Company Law Reform to the Standing Advisory Committee on Company Law in South Africa (SACCL), a body appointed in terms of s18 of the Companies Act, 61 of 1973 (2004 - 2008)

Former Leading government representative in the National Economic Development and Labour Council (NEDLAC) Task Team on Company Law Reform (2004 - 2008)

Dti Representative in the African Union's initiative on the Harmonisation of Business Laws in Africa (2007)

Former Visiting Scholar in the Faculty of Law at the University of Cambridge and the recipient of the prestigious Colenso Scholarship at St John's College, University of Cambridge (2004).

Former member of the Executive Committee (EXCO) of the Consumer & Corporate Regulation Division (CCRD) of the dti (2003 - 2004)

Former Lecturer and Senior Lecturer in the Business Law Department of the University of Natal, Durban (2000 - 2003).

Former Visiting Scholar to the Faculty of Law at the University of Nottingham (2001 - 2002)

Former Research Assistant to Justice LWH Ackermann at the Constitutional Court of South Africa (1999)

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Contact

+27 21 650 3065

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