JOK Governance

If you have lived long enough, you have witnessed mismanagement in churches, leadership crises in churches, and church divisions, all these matrices can be linked to governance crises. Church governance, sounds bizarre right? In Namibia legally-established churches are incorporated as a company limited by guarantee within the provision of section 21 of the Companies Act (Act 28/2004). Institutions irrespective of their natures are to be governed properly by complying with regulations and adopting best practices such as developing strategy, endorsing succession plan, and monitoring performance, to this church institutions, are however not excluded.   “This article is aimed to shed more light on how corporate governance relates to an associations established not for profit (Church)” Church leaders owe their organizations and each other a range of special obligations. Some of these obligations are morally related, but some also have a legal character. Surely high ethical con...

Directors are the mind, heart, and soul of an enterprise. They are the Lords of the boardroom and the entity’s sustainability is in their hands. Together, directors form a board, and collectively make decisions on behalf of an incapacitated juristic person (corporation).  A board of directors will not always find themselves in agreement and it is often the case that through frank and thorough dialogue that directors can agree upon what action to take, although it is not unusual for one or more directors to remain opposed to a decision that the rest of the directors' support.         This article explores the legal rights and responsibilities of a dissenting director in practical terms; It goes without saying that board directors should perform on their fiduciary duty through board discussions and debates.  As a Common law practice, a company director has a fiduciary duty to act; in good faith and for a proper p...