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UUM Journal of Legal Studies (JLS) Vol. 4, 2013

GOOD GOVERNANCE AND THE RULE OF LAW
Nik Ahmad Kamal Nik Mahmod
International Islamic University Malaysia
 
ABSTRACT FULL TEXT
 
Good governance is basically governing in the right and just ways. Good governance relates to good administration at both public and private sectors. Corporate governance is synonymous and the common usage in the private sector. Common characteristics of good governance include transparency, accountability, participatory and rule of law. Rule of law is the focus of this paper. The principle in itself is problematic because of multifarious interpretation Nonetheless, the consensus has been that rule of law is essential in any government and breach of its principles may lead to arbitrariness and breach of fundamental rights. The paper will expound the roles of rule of law in ensuring good governance and how abuse of power and corruption have undermined rule of law seriously and subsequently affect good governance.
 

DEMOCRACY AND POLITICAL GOVERNANCE IN SOUTH AFRICA: TWO DECADES AFTER APARTHEID
Mpfariseni Budeli*

ABSTRACT FULL TEXT

South Africa was under the apartheid rule for around fifty years. Apartheid was formally established by the National Party when it came to power in 1948. In terms of the apartheid policy, the government belonged to the White people who enjoyed all human rights and were entitled to rule the country to the detriment of the Black people despite the latter constituting the overwhelming majority of the population. The apartheid regime eventually came to an end in the early 1990s. Following the ending of the dictatorial regime, a new Constitution was adopted and the first democratic elections were held in South Africa. [T]his paper reflects on the road that South Africans have gone from Apartheid to democracy and good political governance, on what they have achieved as well as the challenges and prospects for democratic governance in the country.

Keywords: South Africa; apartheid; Constitution; governance; democracy and human rights.


CONCEPTUALISING A FIDUCIARY DUTY ON AUDITORS
Loganathan Krishnan1

ABSTRACT FULL TEXT

Auditors are a key feature of a company. They perform an important role as they report on a company’s financial affairs. The report is presented at the company’s general meeting for the benefit of shareholders of the company who will consequently evaluate the performance of the company’s management. Furthermore, the report is lodged at Companies Commission of Malaysia which can be accessed by various parties who wish to rely on the report. Hence, auditors hold a public office and auditors’ report is considered as a public document. In light of this, this paper explores the possibility of attaching a fiduciary duty on auditors. This paper then proceeds to examine the manner courts deal with this concept. This is important since the concept is used extensively in relation to directors, company secretaries, receivers and liquidators. Nonetheless, in relation to auditors, it is relatively a new concept. This paper will also examine the challenges faced by auditors with this new concept. In 2007, essentially a new provision was incorporated in the Companies Act 1965 imposing a duty of good faith on auditors and to be absolved from any civil or criminal liability. Hence, this paper examines the implications of imposing such a duty on auditors. Interviews were carried out with auditors, academics, professional bodies, relevant bodies and regulatory bodies to derive in-depth views on the subject matter. Be that as it may, the duty to act in good faith is imposed on most professionals and due to the fact that auditors are professionals, the legislature imposed a similar duty on auditors. The fiduciary duty imposed on auditors will bring about more rights not only to shareholders but other parties too. Thus, this will enhance the duties and obligation of auditors in the current corporate atmosphere. This is essential as there are an increasing number of financial scandals which involve auditors. Thus, imposition of a fiduciary duty further improves the reputation of the audit profession.


THE REGULATIONS AND CONTROL OF ONLINE BETTING IN MALAYSIA
Guru Dhillon,1 Ng Yih Miin2

ABSTRACT FULL TEXT

The aim of this paper is to create awareness of the threats of online gaming to Malaysia and the International society in various areas such the involvement of money laundering via online gaming. It also includes suggestions of countermeasures and regulations that could be implemented in Malaysia. The paper will achieve this by having an insight of the accessibility of the online gambling to Malaysians and the law and regulations available in Malaysia to combat and cater the existence of online gambling. Law regulating gambling in general could be found in Betting Ordinance 1953 and Common Gaming House Act 1953. Account of initiatives taken to be taken by the Malaysian government will be in scrutiny in this paper. In addition, a review into the other jurisdictions from United Kingdom, United States and the available international law and regulations on online gambling such as the European Commission Green Paper: Online Gambling in the Internal 2011. Besides, the paper will also be viewing into the legislations of Commonwealth countries such as Australia on the online gaming such as the Interactive Gaming Act 2001. Nevertheless, there will be an in-depth view relationship of money laundering and online gambling. There will be suggestions of possible mechanism to regulate the online gambling activities in Malaysia in order to protect the interest of the people. Malaysia has legislations on gambling which do not specifically touches on online gambling and probably could be revised with new provisions in regulating the new entity, the online gambling. The practical implication of this paper is to emphasise the utmost importance of having awareness and revised strategies against the threat of online gambling which involved the unlimited access of internet and the inevitable necessities of new legislations and control mechanisms by the government authority to curb the peril. This paper could provide


THE RIGHT OF SUIT UNDER THE CONTRACT OF AFFREIGHTMENT
Haji Hairuddin Haji Megat Latif1

ABSTRACT FULL TEXT

In carriage of goods by sea, usually parties involved in the transaction are composed of a seller of goods (exporter), buyer (importer), forwarding agent, ship owner, carrier and port authority. When the contract of carriage is entered, basically it involves the shipper of goods (not necessarily the seller of goods) and the ship owner. The question normally arises are as follows: Who is the right or proper person to bring action should a breach of contract occur?; If the goods damage or loss in transit, who should claim damages for the loss or damage?; What are the laws applicable in Malaysia after 1992?. All these questions become very important due to the changes of law in England in 1992, relating to the right of suit. This paper attempts to answer all the above questions based on The Civil Law Act 1956 (The Malaysian Act), The Bill of Lading Act 1855 (The English Act) and The Carriage of Goods by Sea Act 1992 (The English Act).

UUM Journal of Legal Studies
College of Law, Government and International Studies
06010 UUM Sintok, Kedah Darul Aman, Malaysia.

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