April 4, 2012
The Regulatory Framework Design for the Ease of Doing Business in South Africa
Speaker: Professor Tshepo Mongalo, University of Cape Town
Time: 1:00 pm - 2:00 pm
Location: Inlow Hall, 530 W. New York Street, Indianapolis, IN
Contact: Professor Carlton Waterhouse at firstname.lastname@example.org
Associate Professor TSHEPO H. MONGALO is the Regulatory Framework Manager for the Business Registration Reform Project in South Africa, an interdepartmental government project aimed at simplifying primary and secondary business registration procedures for all types of businesses in South Africa. Mongalo is also the founding member and Chief Executive of Tong-Mongalo Corporate Services CC, the business planning, regulatory design, corporate commercial and corporate governance consulting firm based in Centurion and Cape Town in South Africa. He is also the Corporate Law Consultant for Mabalane Seobe Inc., a black corporate commercial law firm based in Bloemfontein and Johannesburg, South Africa. He has also recently been appointed as a member and Deputy Chairperson of the Specialist Committee on Company Law (SCCL), a committee established in terms of s191 of the 2008 Companies Act to advise the Minister of Trade and Industry on company law and policy and the Companies & Intellectual Property Commissioner on the management of the Commissions resources. He received a B.Proc (Summa cum Laude) from the University of Natal in Durban; an LL.B. from the same University; and an LL.M. from Cambridge University in England, where he was the Deputy President of the Cambridge University Southern African Students Union (CUSAS). Mongalo is in the process of completing his PhD thesis on Using Corporate Law to Foster Corporate Cultures Respectful of Human Rights. During the 1998 academic year, he completed legal practical studies with distinction at the Durban centre of the South African Law Societys School for Legal Practice and started serving articles of clerkship at a well-known Durban law firm of Livingston-Leandy Inc. In 1999, he served as a Researcher/Judge Assistant to Justice L.W.H. Ackermann of the Constitutional Court of South Africa. Mongalo is an Associate Professor of Commercial Law at the University of Cape Town and the former Senior Lecturer of Business Law at the University of Natal, Durban (now University of KwaZulu-Natal) .
In private practice, Mongalo was the Project Manager and Lead Expert on the Corporate Law Reform Project within the Department of Trade & Industry South Africa (the dti), an initiative which led to the revamp of the corporate legislation in that country and the introduction of the new Companies Act, 71 of 2008, which became law as of 1 May 2011. He advises publicly- and privately-held companies and other entities on matters of corporation law in connection with corporate governance, corporate finance, corporate formation and corporate restructuring and other matters. He has advised some of the leading JSE listed companies, government departments, development finance institutions, an umbrella association of business entities, non-profit entities, higher educational institutions and private companies and close corporations in a wide range of corporate commercial matters. Mongalo has also taught commercial law, contract law, corporation law and corporate governance courses to both undergraduate and postgraduate students at the Universities of Natal, Nottingham (England) and Cape Town.
In addition to authoring Corporate Law and Corporate Governance: A Global Picture of Business Undertakings in South Africa (2004), Van Schaik Publishers, Mongalo is the co-author (with Cephas Lumina and Fahreen Kader) of Forms of Business Enterprise: Theory, Structure and Operation (2005), Van Schaik Publishers; Companies and Other Business Structures in South Africa (2008), Oxford University Press; and Modern Company Law for a Competitive South African Economy (2010), Juta & Co. Mongalo is the author of several law review articles and a frequent speaker on company law issues. In addition to being actively involved in the revision of the South African corporate laws, Mongalo is the Advisory Committee Member of the South African Law Reform Commission on 'Project 25' which is aimed at statutory law revision of the legislation administered by the Department of Trade & Industry (the dti) since 2008. Moreover, he is the former occasional representative of the dti in South Africa APRM(African Peer Review Mechanism) National Governing Council from 2006 to 2008; the 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, from 2004 to 2008; the former leading government representative in the National Economic Development and Labour Council (NEDLAC) Task Team on Company Law Reform from 2004 to 2008; the former dti representative in the African Unions initiative on the Harmonization of Business Laws in Africa in 2007; the former Visiting Scholar to the Faculty of Law at the University of Nottingham from the end of 2001 to 2002; the 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 at the University of Cambridge in 2004; and the former member of the Executive Committee (EXCO) of the Consumer & Corporate Regulation Division (CCRD) of the dti from 2003 2005.