The Integration and Reliance on Technology to Enhance the Independence and Accountability of Company Directors in South Africa

Authors

DOI:

https://doi.org/10.17159/1727-3781/2021/v24i0a10737

Keywords:

big data, artificial intelligence, independence, accountability, decision making, company directors

Abstract

The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional corporate governance systems have been affected as technology has ceased to be a mere business enabler but is now a source of a company's future potential opportunities. The infusion of corporate governance and technology has been quite slow in South Africa. This may either be attributed to the fact that it is costly to do so, at least in the short term, or that company directors in South Africa do not yet trust technological measures with corporate decision-making input. Consequently, the impact of decision support technology on corporate entities and their governance has received less academic interest in South Africa than in developed countries. This article seeks to discuss the integration and reliance on technology to enhance corporate governance principles in developing countries like South Africa. The article also discusses the practical challenges and the benefits to be anticipated by directors in South Africa when they integrate technology in decision making to enhance their independence and accountability.

Downloads

Download data is not yet available.

Author Biography

Howard Chitimira, Faculty of Law at the North-West University

Senior Lecturer

North-West University           

References

Bibliography

Literature

Ameer-Mia F, Pienaar C and Kekana N "South Africa" in Berkowitz M (ed) AI, Machine Learning and Big Data 2nd ed (Global Legal Group Ltd London 2020) 248-260

Alalawneh AAF and Alkhatib SF "The Barriers to Big Data Adoption in Developing Economies" 2020 EJISDC 1-16

Andriole SJ "Boards of Directors and Technology Governance: The Surprising State of the Practice" 2009CAIS 373-394

Bainbridge SM "The Business Judgment Rule as Abstention Doctrine" 2004 Vand L Rev 83-130

Barney JB et al "The Role of Resource-Based Theory in Strategic Management Studies: Managerial Implications and Hints for Research" in Dagnino GB (ed) Handbook of Research on Competitive Strategy (Edward Elgar Cheltenham 2012) 109-146

Brennan NM, Subramaniam N and Van Staden CJ "Corporate Governance Implications of Disruptive Technology:

Cassim FHI et al Contemporary Company Law 2nd ed (Juta Claremont 2012)

Cassim R "An Analysis of Directors' Fiduciary Duties in the Removal of a Director from Office" 2019 Stell LR 212-233

Chen Y, Argentinis E and Weber G "IBM Watson: How Cognitive Computing can be Applied to Big Data Challenges in Life Sciences Research" 2016 Clinical Therapeutics 688-701

Chiranga N and Chiwira O "Impact of Multiple Directorships on Performance for Companies Listed on the Johannesburg Stock Exchange (JSE)" 2014 Economics World 378-387

Collinaszy J, Bundzel M and Zolotova I "Implementation of Intelligent Software Using IBM Watson and Bluemix" 2017 Acta Electrotechnica et Informatica 58-63

Davenport TH "The Rise of Automated Analytics"2015 The Wall Street Journal 1-3

Dignam A "Artificial Intelligence, Tech Corporate Governance and the Public Interest Regulatory Response" 2020Cambridge J Reg Econ Soc 37-54

Doyle-Lindrud S "Watson will See You Now: A Supercomputer to Help Clinicians Make Informed Treatment Decisions" 2015 Clin J Oncol Nurs31-32

Du Plessis JJ "A Comparative Analysis of Directors' Duty of Care, Skill and Diligence in South Africa and in Australia" 2010 Acta Juridica 263-289

Esser I "The Enlightened Shareholder Value Approach Versus Plurism in the Management of Companies" 2005 Obiter 719-725

Garner BA et al Black's Law Dictionary 8th ed (Thomson West St Paul 2004)

Guidi G et al "Case Study: IBM Watson Analytics Cloud Platform as Analytics-as-a-Service System for Heart Failure Early Detection" 2016 Future Internet 1-16

Hamilton JG et al "'A Tool, not a Crutch': Patient Perspectives about IBM Watson for Oncology Trained by Memorial Sloan Kettering" 2019 J Oncol Pract277-288

Havenga MK "The Business Judgment Rule - Should We Follow the Australian Example?" 2000 SA Merc LJ 25-37

Hilb M "Toward Artificial Governance? The Role of Artificial Intelligence in Shaping the Future of Corporate Governance" 2020 JMG 1-20

Institute of Directors in Southern Africa The King Code on Corporate Governance in South Africa III (IoDSA Parklands 2009)

Institute of Directors in Southern Africa The King Report/Code on Corporate Governance in South Africa IV (IoDSA Parklands 2016)

Jiraporn P, Singh M and Lee C "Ineffective Corporate Governance: Director Busyness and Board Committee Memberships" 2009 JBF 819-828

Kamalnath A "The Perennial Quest for Board Independence: Artificial Intelligence to the Rescue?" 2020 Alb L Rev 43-60

Liu H and Lin C "Artificial Intelligence and Global Trade Governance: Pluralist Agenda" 2020 Harv Int'l LJ 407-450

Mans-Kemp N, Viviers S and Collins S "Exploring the Causes and Consequences of Director Overboardedness in an Emerging Market" 2018 IJDG 210-220

McNamee M, Misha T and Bouwer C Whitepaper: The Fine Line between "Overboarded" and Overburdened: Critical Factors Impacting the Effectiveness of "Busy Directors" in South Africa (Gordon Institute of Business Science Pretoria 2020)

Memeti S and Pllana S "PAPA: A Parallel Programming Assistant Powered by IBM Watson Cognitive Computing Technology" 2018 Journal of Computational Science 275-284

Mneney J and Van Belle JP "Big Data Capabilities and Readiness of South African Retail Organisations" in IEEE 6th International Conference - Cloud System and Big Data Engineering (14-15 January 2016 Noida, India)279-286

Mongalo TH "Directors' Standards of Conduct under the South African Companies Act and the Possible Influence of Delaware Law" 2016 JCCLP 1-16

Motau M and Kalema BM "Big Data Analytics Readiness: A South African Public Sector Perspective"in IEEE International Conference on Emerging Technologies and Innovative Business Practices for the Transformation of Societies (3-6 August 2016 Balaclava, Mauritius) 1-7

Muniandy B and Hillier J "Board Independence, Investment Opportunity Set and Performance of South African Firms" 2015 Pacific-Basin Finance Journal 108-124

Ntim CG and Osei KA "The Impact of Corporate Board Meetings on Corporate Performance in South Africa" 2011 AREF 83-103

Organisation for Economic Co-operation and Development Principles of Corporate Governance (OECD Paris 2004)

Petrin M "Corporate Management in the Age of AI" 2020 Colum Bus L Rev 965-1030

Ridge M, Johnston K and Brian D "The Use of Big Data Analytics in the Retail Industries in South Africa" 2015 Afr J Bus Manage 688-703

Rosenstein S and Wyatt JG "Inside Directors, Board Effectiveness, and Shareholder Wealth" 1997 JFE 229-250

Terjesen S, Couto EB and Francisco PM "Does the Presence of Independent and Female Directors Impact Firm Performance? A Multi-Country Study of Board Diversity" 2016JMG 447-483

United States Senate Role of the Board of Directors in Enron's Collapse

Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate The Role of the Board of Directors in Enron's Collapse: Report Prepared by the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs: United States Senate (US Government Printing Office Washington 2002)

Valentine ELH and Stewart G "The Emerging Role of the Board of Directors in Enterprise Business Technology Governance" 2013 IJDG346-362

Van Tonder JL "A Primer on the Directors' Oversight Function as a Standard of Directors' Conduct under the Companies Act 71 of 2008" 2018 Obiter 302-316

Viviers S and Mans‑Kemp N "Director Overboardedness in South Africa: Evaluating the Experience and Busyness Hypotheses" 2019IJDG 68-81

Case law

Australian Securities and Investments Commission v Healey (No 2) [2011] FCA 1003

Charitable Corporation v Sutton (1742) 26 ER 642

Hlumisa Investment Holdings (RF) Limited v Kirkinis2019 4 SA 569 (GP)

OUTA NPC v Myeni2019 ZAGPPHC 957 (12 December 2019)

SABC v Mpofu 2009 4 All SA 169 (GSJ)

Legislation

Broad-Based Black Economic Empowerment Act 53 of 2003

Companies Act 71 of 2008

Companies Act 992 of 2019 (Ghana)

Companies and Other Business Entities Act 4 of 2019

Government publications

Code of Best Practices for Corporate Governance (2010) (Ghana)

Code of Corporate Governance Practices for Issuers of Securities to the Public (2015) (Kenya)

Internet sources

Bravard J 2015 All Boards Need a Technology Experthttps://hbr.org/2015/09/all-boards-need-a-technology-expert accessed 10 September 2020

High R 2012 The Era of Cognitive Systems: An Inside Look at IBM Watson and How it Workshttps://developer.ibm.com/watson/wp-content/uploads/sites/19/2013/11/The-Era-of-Cognitive-Systems-An-Inside-Look-at-IBM-Watson-and-How-it-Works.pdf accessed 5 June 2021

ITWeb Staff Writer 2013 SA Corporates Lag on Big Data Analyticshttps://www.itweb.co.za/content/nkLgB1MebBbq59N4 accessed 28 October 2020

JSE 2020 https://www.jse.co.za/media/4330

Johannesburg Stock Exchange 2020 Listing Requirementshttps://www.jse.co.za/media/4330accessed 10 September 2020

McCarthy J Date unknown What is AI? Basic Questions http://jmc.stanford.edu/artificial-intelligence/what-is-ai/index.html accessed 29 September 2020

Microsoft News Center 2020 These are the Skills South Africa Needs to Compete in the 4th Industrial Revolutionhttps://news.microsoft.com/en-xm/2020/02/19/these-are-the-skills-south-africa-needs-to-compete-in-the-4th-industrial-revolution/ accessed 28 October 2020

Provost F and Fawcett T 2013 Data Science and its Relationship to Big Data and Data-Driven Decision Making https://pubmed.ncbi.nlm.nih.gov/

/ accessed 28 October 2020

SYSPRO 2018 Mobile Corporation in South Africa 2018https://www.researchandmarkets.com/reports/4715503/mobile-corporation-in-south-africa-2018 accessed 27 October 2020

Published

29-06-2021

How to Cite

Hamadziripi, F. ., & Chitimira, H. (2021). The Integration and Reliance on Technology to Enhance the Independence and Accountability of Company Directors in South Africa. Potchefstroom Electronic Law Journal, 24, 1–32. https://doi.org/10.17159/1727-3781/2021/v24i0a10737

Issue

Section

Special Edition: Corporate and Financial Markets 2021

Most read articles by the same author(s)

Similar Articles

1 2 3 4 5 6 7 8 9 10 > >> 

You may also start an advanced similarity search for this article.