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MRL2601 Assignment 2 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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Well-structured MRL2601 Assignment 2 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!).. BQuestion 1 Explain what the principle of corporate social responsibility entails and provide examples of how this principle is reflected in the Companies Act 71 of 2008. (10) Question 2 With reference to the relevant case law and appropriate sources, explain the legal consequences of a company’s separate legal personality. (5) Question 3 Bapela, Babra and Maite decided to establish a close corporation. The close corporation specialises in the renovation of immovable property, offering a range of services that enhance and restore various types of real estate. Recognising the importance of clarity and structure in their professional relationship, Bapela, Babra, and Maite, who are all members of the close corporation, have decided to draft an association agreement, which details specific rules and regulations that govern their respective duties and responsibilities within the corporation. Part of the association agreement is that no member should be able to contract services outside their specialities. Bapela, while acting on behalf of the close corporation, concludes a contract with Tment Pty (Ltd) to sell cars which fall outside the scope of the close corporation. As a result, Bapela’s actions have affected the close corporation’s operations. Discuss whether Bapela has the authority to conclude such a contract (5)

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MRL2601
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
QUESTION 1

Corporate Social Responsibility and the Companies Act 71 of 2008

Corporate Social Responsibility (CSR) refers to a business approach in which companies
voluntarily take accountability for their economic, social, and environmental impacts. It
promotes sustainable development by ensuring that businesses contribute positively to
society while still aiming for profitability. CSR encourages companies to engage ethically
with all stakeholders, including shareholders, employees, suppliers, communities, and the
environment, acknowledging that corporate decisions affect more than just the bottom line.

In South African company law, CSR is closely linked to corporate governance, which
ensures responsible corporate conduct while pursuing efficiency and profitability.




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QUESTION 1

Corporate Social Responsibility and the Companies Act 71 of 2008

Corporate Social Responsibility (CSR) refers to a business approach in which
companies voluntarily take accountability for their economic, social, and
environmental impacts. It promotes sustainable development by ensuring that
businesses contribute positively to society while still aiming for profitability. CSR
encourages companies to engage ethically with all stakeholders, including
shareholders, employees, suppliers, communities, and the environment,
acknowledging that corporate decisions affect more than just the bottom line.

In South African company law, CSR is closely linked to corporate governance, which
ensures responsible corporate conduct while pursuing efficiency and profitability.
The Companies Act 71 of 2008 reflects the principle of CSR in several provisions.
For example, section 7(b)(iii) highlights that one of the Act’s purposes is to promote
the development of the economy through high standards of corporate governance.
Section 7(d) further recognises companies as vehicles for achieving both economic
and social benefits.

The Act also extends legal standing (locus standi) to a wide range of stakeholders,
not just shareholders. For example, section 165 allows derivative actions by various
parties, and section 162 enables applications to declare directors delinquent,
reflecting accountability towards the broader public. Section 218(2) establishes
liability for anyone who contravenes the Act, ensuring that those harmed by
irresponsible corporate conduct can seek redress.

Moreover, section 72 and Regulation 43 require certain companies—such as listed
public companies, state-owned entities, and companies with high public interest
scores—to appoint a Social and Ethics Committee. This committee monitors the
company’s commitment to social and economic development, good corporate
citizenship, environmental responsibility, consumer protection, and labour relations.

CSR is also embedded in broader policy frameworks like King IV, which promotes
inclusive, stakeholder-centred governance. Through these measures, the
Companies Act 71 of 2008 reflects the shift from a purely profit-driven corporate
model to one that balances profitability with social and environmental responsibilities.

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