COGA7312 - Corporate Administration and Governance - Providing Evidence Based - Law Assignment Help

Assignment Task:

COGA7312: Corporate Administration and Governance Assignment Help

Question 1
Indaba forms part of a large group of mining companies called Africa-Induna. Indaba publishes its sustainability report, its integrated report, annual financial statements and an Ore and Reserves and Mineral Resources Report timeously on an annual basis. The integrated report provides a review of the company’s strategy and business model, operating context and governance performance.

Q.1.1 “Several international corporate governance codes provide guidelines for integrated and sustainable reporting by companies. These are: the ICGN Global
Governance Principles; . . . ; and the International Integrated Reporting Council (IIRC).” Wiese, p 171. Establish which guiding principles for integrated reports Indaba can use in terms of the <IR> Framework and set them out in detail.

Q.1.2 You have to compile the Integrated Report for Indaba. You have obtained all relevant information from the applicable committees. The integrated report reads
on information it needs to provide on Governance: “The report provides details of all compliance processes in Indaba, committees appointed to oversee the governance
and any governance processes in place.” Shortly assess what information you would provide in Indaba’s integrated report, corresponding with the applicable recommendations, on the following: You can use your own facts to illustrate.

Question 2 
Please consult the rubric for guidance when answering this question. GrowthBUILT is a construction company that constructs small office blocks and residential flats. The company rapidly expanded over the past years and now have the possibility of obtaining tenders to move into neighbouring countries to erect shopping malls and state hospitals. Due to these expansion plans and the resultant need for additional capital to fund these projects, the company is in the process of listing on the JSE. GrowthBUILT’s board of directors are mostly compliant with governance requirements as set out in King IV and additionally, the board needs to comply
with the JSE Listing Requirements. Two of the directors are married to each other, Arthur and Margo Atterbury, as the company started out as a small family business when Mr Atterbury was a builder of residential houses. Mr Atterbury acknowledges Mrs Margo Atterbury’s talents in being able to comply with instructions and ensuring that policies are set in motion. He wants to task Mrs Atterbury to be the functionary complying with Principle 10, King IV. One of the directors, Mr Shawn Hendriks,
thinks that they should obtain advise on the functions of directors and other role players in order to comply with proper governance of GrowthBUILT.

A third director of GrowthBUILT is Mr Atterbury’s nephew, Mr Jimmy Saqabo. Mr Saqabo is also a member of Set in Stone CC, a close corporation supplying bricks to construction companies. Mr Saqabo wants Set in Stone to supply the bricks to GrowthBUILT for all future projects, but two directors, Mrs Agnes Hlaphi and Mr Shawn Hendriks, do not think that it will reflect well in the eyes of the shareholders.

Instructions:
Critically examine the above set of facts and advise the GrowthBUILT directors according to their specific concerns:
• the appointment of the directors and senior management.
• the appointment of company officers;
• Critically assess the behavior of Mr Jimmy Saqabo with specific advice to the board of directors of GrowthBUILT and the application of any possible rules or principles to determine any conflict of interest between GrowthBUILT and Mr Saqabo. Using sections 4.8, 4.9 and 4,10 of the JSE Listings Requirements as a starting point, your essay, must additionally integrate the principles of King IV and/or the Companies Act, 2008 and apply them to the facts. Include practical advice to the concerned parties in the applicable questions. Please make use of headings in the essay-questions. Reference all sources used. The essay should not exceed three typed pages.

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