Capping the tenure of CEOs as a Good Corporate Governance Strategy: Prospects and Challenges

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Journal of Contemporary Governance and Public Policy
                Vol. 2 No. 1, April 2021, 67-78
                Available Online at http://journal.ppishk.org/index.php/jcgpp
                ISSN (Print): 2722-3981 | ISSN (Online): 2722-3973

    Capping the tenure of CEOs as a Good Corporate Governance
                Strategy: Prospects and Challenges

                                     Paradzai Munyede1*)
 1Institute   of Peace, Leadership and Governance, College of Business, Peace, Leadership and
                     Governance, Africa University, Mutare, 1320, Zimbabwe.

            Received: 2020-10-27; Accepted: 2021-04-13; Published: 2021-04-30

                                          Abstract
The concept of good corporate governance has gaining traction over the last three decades
in the private and public sectors as a response to serious financial scandals and
maladministration practices in organisations around the globe. Antidotes provided in
previous studies on these corporate failures attributed this to poor board compositions and
inadequate separation of power. Whilst this was part of the problem, little effort was put to
understand how Chief Executive Officers (CEOs) term limits could also contribute to good
governance practice which would make organisations avoid scandals. Therefore, the purpose
of this paper is to explore how capping CEOs tenure could enhance good corporate
governance in the public and private sectors. This paper is based on a qualitative approach
and used content analysis to review data from published records like journal articles. This
article posited that capped term limit in both the public and private sectors is ideal as it
enhances good corporate governance practice which in turn will make institutions effective
and responsive to changes in their operating environment.

Keywords: Good Corporate Governance; CEOs Tenure; Corporate Governance Instruments;
Chief Executive Officer

How to Cite: Munyede, P. (2021). Capping the tenure of CEOs as a Good Corporate
Governance Strategy: Prospects and Challenges. Journal of Contemporary Governance and
Public Policy, 2(1), 67-78. https://doi.org/10.46507/jcgpp.v2i1.29.

Permalink/DOI: https://doi.org/10.46507/jcgpp.v2i1.29

*) Corresponding Author
Email : munyedep@africau.edu                                        http://journal.ppishk.org/index.php/jcgpp
Journal of Contemporary Governance and Public Policy 2 (1), April 2021, 67-78                                   68 of 78

Introduction                                                                    economic       growth;       no
        The issue of capping Chief                                              employment, no taxes paid and
Executive Officers (CEOs) tenure as a                                           invariably the country will not
good corporate governance practice                                              develop. Developing countries,
has eluded most of the academic                                                 in particular, need well-
debates. Most debates have focused                                              governed      and     managed
on board composition and the                                                    business enterprises that can
relationship between board and                                                  attract investments, create
management. Literature by scholars                                              jobs and wealth and remain
like (Coyle, 2015) have concentrated                                            viable,    sustainable,    and
on good corporate governance and                                                competitive in the global
compensation for executives. In terms                                           market place. Good corporate
of trying to understand how capping                                             governance,          therefore,
of CEOs tenure could add to the                                                 becomes a prerequisite for
promotion       of     good    corporate                                        national             economic
governance practice, (Whitehead,                                                development.
2011) stated that there is paucity of
literature     covering     this    area.                                 This was also collaborated by
Therefore, this paper argues that the                              (World Bank, 2014) which maintains
issue of capping of term limits is of                              that good corporate governance
great importance in upholding good                                 practices are one of the elements
corporate governance practices both                                which are beneficial to both private
in the private and public sectors. To                              and public sector organisations as it
butress,      this     (Okeahalam      &                           improves access to financial markets,
Akinboade, 2003) argues that good                                  reduces risks of scandals, improves
corporate governance practices are a                               strategic decision-making processes,
prerequisite       for    organisational                           reduces corruption whilst improving
performance and economic growth                                    transparency and accountability.
when they stated that,
        Corporate governance has                                   Background to Corporate Failures
        implications for economic                                  and the role of CEOs
        development especially in                                         From the 1980s repeated
        helping to increase the flow of                            serious frauds, financial abuses,
        financial capital to firms in                              boardroom tussles, and corporate
        developing countries. This is                              collapses both in developing and
        quite        important        for                          developed countries have brought to
        policymakers in Africa who are                             the fore the need to relook at how
        concerned with attaining high                              corporate governance practices are
        long-term growth rates of                                  being followed in both public and
        about 7 percent per annum                                  private sector organisation, (Mandala,
        within the framework of the                                Kaijage, Aduda, & Iraya, 2017). This
        New Partnership for Africa’s                               was also reinforced by Benz & Frey,
        Development            (NEPAD).                            (2007) when they stated that over the
        Without efficient companies or                             last three decades, the corporate
        business enterprises, a country                            world was rocked by huge scandals
        will not create wealth or                                  which caused share prices to
        employment.              Without                           plummet due to excessive managerial
        investment, companies will                                 compensation and manipulation of
        stagnate and collapse. If                                  accounting records. Some of the
        business enterprises do not                                scandles in the private sector are
        prosper, there will be no                                  Enron in 2001, HIH Insurance Ltd of

Paradzai Munyede/Capping the tenure of CEOs as a Good Corporate Governance Strategy: Prospects and Challenges
Journal of Contemporary Governance and Public Policy 2 (1), April 2021, 67-78                                   69 of 78

Australia, World Com, East African                                 more clarity . According to (Leavy,
Portland, and National Bank of Kenya,                              2014), content analysis is an
(Edwards et al., 2012; Mandala et al.,                             approach that allows interpretation
2017). The scourge of scandals also                                of meaning from documentation and
affected the public sector with                                    texts which includes newspapers,
notable cases being the 15 members                                 books, web pages as well as articles.
of the European Union who resigned                                 In other words, it is a method that
in 2002, a member of the                                           makes a valid inference from texts.
Metropolitan police in England who                                 Due to limitations imposed by the
stole over 5 million pounds in 1995                                novel coronavirus (COVID-19), this
(Matei & Drumasu, 2015). In the                                    method became compatible with this
Zimbabwean context           (Ncube &                              study as it allows meaningful analysis
Maunganidze, 2014) highlighted the                                 of available records inorder to
following      cases    with     notable                           provide a meaningful conclusion.
transgressions       against        good                           Therefore this study utilised data
corporate governance practices, mega                               collected from published journals,
remunerations        at       Zimbabwe                             reports, web pages, and legal
Broadcasting Corporation, Public                                   documents.
Service Medical Aid Society and
Harare City Council to name a few.                                 Results and Discussion
Whilst       recommendations         and
corrective measures were made to                                   International,      Regional      and
address these corporate failures,                                  National Instruments on Corporate
these antidotes did not look if Ceo's                              Governance
tenure could also be a contributing                                        In response to various
variable in causing the scandals.                                  corporate scandals, governments and
        Whilst there is extensive                                  competent bodies responded by
literature        covering         board                           toughening corporate governance
composition, company performance                                   laws as well as imposing sanctions to
and top management compensation,                                   corporates which did not implement
there is thin academic research in                                 ethical and transparency practices
understanding if capping Chief                                     (Matei & Drumasu, 2015). In terms of
Executive Officers (CEOs) could be                                 corporate governance instruments
used      to     enhance       corporate                           (Coyle, 2003) pointed out that the
governance. The few studies done to                                government of the United States of
date by scholars like (Whitehead,                                  America is the only country which
2011) focused on the private sector                                enacted legislation to regulate the
only. In terms of research relating to                             activities   of    companies.     The
term limits in the public sector, it's                             legislation became known as the
even thinner, therefore this paper                                 Sarbanes-Oxley act of 2002 which
intends to analyse the extent to which                             among other things introduced a raft
capping of CEOs tenure in the public                               of measures including the following
and private sector could contribute to                             provisions, punishing audit firms
the observance of good governance                                  which certify false information, the
practices by organisations.                                        establishment of independent audit
                                                                   committee        which       included
Research Methods                                                   independent members, independence
       This study is anchored on                                   and integrity of external auditors. In
qualitative research design with                                   terms of CEOs, the act states that the
content analysis being adopted in                                  individuals must not have been an
interpreting data inorder to gain                                  employee of the companies audit
                                                                   company and that he/she must sign
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annually and certify that the financial                            Kingdom as its compilation has input
statement represents the true state of                             from Sir Adrian Cadbury. This code is
affairs.                                                           also a voluntary code meaning its
         Though the Sarbanes-Oxley                                 application      depends       on    the
Act of 2002 is held as a millstone in                              willingness       of      organisations.
improving          corporate       good                            According to the (Institute of
governance, its main weakness is                                   Directors of Southern Africa (IODSA)
that, firstly, it did not address the                              (2016),       the      Kings      report
issue of CEO’s tenure which is a                                   complements other international
significant area of interest in the                                instruments by promoting sound
promotion       of    good    corporate                            corporate governance through adding
governance practice. Secondly, the act                             issues that apply to the South African
is directed more to the private sector                             context.     However,      the    report
than the public sector as it places                                introduces the African philosophy of
more emphasis on regulating trading                                “Ubuntu” as the point of reference in
of securities of listed companies on                               governance because it is anchored on
the New York Stock Exchange.                                       principles of integrity, communalism,
However, the act provides a strong                                 mutual respect, human dignity,
basis to examine how a CEO's tenure                                sharing, and accountability. This
could be looked at in terms of how it                              philosophy emphasizes the necessity
can      enhance      good    corporate                            for organisations to understand the
governance practices.                                              reciprocal relationship which they
         In the United Kingdom, the                                enjoy with communities because this
country followed a different approach                              cordial     relationship     leads    to
as they adopted a voluntary                                        sustainable development which will
instrument known as the Combined                                   be beneficial to both parties.
Code of 1998. The Combined Code is                                         Another important feature of
a culmination and consolidation of                                 the King's report is its emphasis on
prior works namely, Cadbury,                                       leadership and ethics as it posits that
Greenbury, Hampel, Turnbull, Smith,                                the success of organisations is
and Higgs reports. According to                                    dependent on the ethical behaviors of
(Coyle, 2003) the code covered a lot                               the leaders who include CEOs. In a
of areas that promote good corporate                               major departure from other codes,
governance. The areas include the                                  the report explicitly covers the
separation of the roles and functions                              private and public sector and it uses
of Chairman and CEO to ensure that                                 the      following        nomenclature
the board is not dominated by a few                                organisations, this encompasses both
individuals. Further, the code                                     private sector governing institutions.
stipulates       that     the     CEO's                            The Kings Report explicitly covers in
remuneration must be disclosed in                                  detail     the      following,     Local
the annual financial statements by                                 governments, State-Owned Entities,
category showing share options,                                    Non-Profit Organisations, Retirement
bonuses, and any performance-                                      Funds as well as Small and Medium
related incentives. The major                                      Enterprises. Despite making good
weakness of this code is similar to                                coverage of important governance
that of the Sarbanes-Oxley Act as                                  matters, the capturing of Ceo's tenure
discussed above.                                                   as a key element in good corporate
         The South African corporate                               governance remains elusive, as it is
governance instrument known as the                                 not covered.
King's report was greatly influenced                                       The     National     Code     on
by the Combined Code of the United                                 Corporate Governance Zimbabwe

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(2014) also referred to as the                                     corporate governance (Matei &
National Code and the Public Entities                              Drumasu, 2015). In policy or
Corporate Governance Act, Chapter                                  decision-making process, the CEO has
(10:31) are the instruments guiding                                to ensure that the whole process is
corporate governance in Zimbabwe.                                  not opaque but it is transparent and
The National Code covers other                                     can be verified by all those who will
contentious issues in corporate                                    be affected by it. To this end
governance like, board composition,                                (Edwards, Halligan, Horrigan, &
the establishment of the audit                                     Nicoll, 2012b) agree that strong
committee, size of boards and                                      leadership by CEOs based on good
remuneration of management but its                                 ethics is ideal for success for
silent on the issue of CEOs tenure                                 organisations. For example, if CEOs
which this study argues that its a                                 remuneration is set within agreed
critical component in enhancing good                               limits, this same shared meaning will
corporate governance practice by                                   cascade to all levels of the
both public and private organisations.                             organisation, if he or she does the
The       Public Entities Corporate                                opposite, then most workers will
Governance Act, Chapter (10:31)                                    agitate for salaries which do not
under section 17 provides that Ceo's                               relate to their positions.
tenure must be limited to two five                                         The Ceo is also responsible for
year terms. However, the major                                     establishing comprehensive risk
challenge with this provision is that it                           management,        compliance,       and
is in variance with what happens in                                assurance system. He/She is also
practice as CEOs in most public                                    tasked in ensuring that good
organisations do not leave office after                            corporate governance practices are
the end of their tenure as they are                                upheld      by    setting     a     clear
always reassigned or rotated to other                              accountability      mechanism        that
ministries or sister organisations.                                protects organisational assets from
                                                                   pilferage and abuse (Edwards et al.,
The Purpose of CEOs in Promoting                                   2012a). Matei and Drumasu (2015)
Good Corporate Governance                                          reiterated that upholding of good
        World Bank (2009) posits that                              corporate governance practices by
good corporate governance practices                                CEOs      contributes      to   efficient
ensure stability and viability of                                  utilization of financial resources,
organisations whilst its weaknesses                                decreases budget deficits, elimination
will lead to reduced investor                                      of corruption which in turn will result
confidence failing to attract new                                  in improved performance by the
capital which will lead to the collapse                            entity in the provision of goods and
of an entity. Closely related to this is                           services.
the role played by leadership and                                          According to the (Institute of
culture in shaping the foundation and                              Directors of Southern Africa, 2016),
direction of the organisation. Schein                              the CEO is also responsible for
(2004) postulates that CEOs as                                     providing ethical leadership which is
leaders are a critical cog in shaping                              evidenced by his/her competence,
the values and beliefs of group                                    integrity, and fairness in handling
members to focus on a common                                       affairs of the organisation. Internally,
objective. In this regard, a CEO who                               the CEO has the responsibility to
sets a culture based on such values as                             ensure that decision making meetings
ubuntu, accountability, transparency,                              are held regularly as these help in
responsibility, fairness, and integrity,                           shaping the policy and direction of
will be fulfilling key tenents of                                  the organisation. He or She must

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ensure that appropriate spaces of                                  out that the CEO is also responsible
engagement with stakeholders are                                   for communicating policy issues
available and meetings are held                                    relating to the performance of the
accordingly and correct information                                organisation and corporate social
is disseminated to all intended                                    responsibilities. Communicating an
recipients. The integrity of CEOs is                               organisations        policies    and
also tested during a process like                                  operational       standards    helps
procurement       as      this    activity                         recipients    to    understand   and
constitute a large proportion of most                              measure how such entity will be
organisations      expenditure      lines,                         following good governance practices.
(Munyede       &      Mapuva,      2019).
Therefore, if the procurement process                              CEOs as a Corporate Construct
is done above board it translates to                                       In most countries, the term
better services to clients which will                              CEO is ascribed to a position occupied
create a good relationship whilst                                  by a top executive in the private
procurement mirred in corruption                                   sector. It embodies the head of a
deprives citizens of quality goods and                             corporation which might be a listed
services.                                                          company or a small family-owned
       Further, it is the responsibility                           business. The CEO is viewed as the
of the CEO to ensure compliance with                               figurehead who is a link between the
laws and regulations to safeguard the                              board of directors and staff members.
interest of the organisation. Failure to                           In the Public Sector, the term CEO is
comply with laws like paying taxes                                 also known by different titles such as
timeously exposes the organisation to                              Permanent        Secretary, Executive
penalties or even closure by the                                   Secretary,     Town      Clerk,   Vice-
government. Through the CEO                                        Chancellor, or Commissioner-General.
organisations       gains,     credibility                         Despite the various titles, they all
through publishing audited Financial                               have a common title that is
accounts which act as evidence of                                  Accounting Officer which equates
good stewardship on behalf of                                      them to CEOs in the private sector.
stakeholders. According to (Coyle,                                         The CEOs in the public and
2015) audited financial statements                                 private sectors are shaped by the
act as a barometer to which an                                     environment under which they
organisations        performance        is                         operate. Though both are affected by
measured. Since audited financial                                  social, technological, legal, economic,
statements disclose itemised top                                   and political environments the degree
executive's      remuneration,        this                         of influence differs greatly. In terms
provides a transparent measure of                                  of political, social, and legal
knowing       emoluments        of    top                          environment public sector managers
managers thereby ensuring that                                     are greatly affected because public
agreed levels are maintained.                                      organisations which they preside
       The CEO is also the sounding                                over, are responsible for provision of
board for the Board of Directors as he                             public goods and services. These
provides      advice     on     company                            goods and services attract politicians
performance, the status of assets,                                 who exert pressure on the CEO so
human capital requirements, and                                    that these goods benefit certain
dissemination          of        accurate                          priority     areas     mainly     their
information within and outside the                                 electrolate. In terms of legal
organisation.      Organisation        for                         provisions, CEOs in the public sector
Economic         Co-operation         and                          lacks flexibility as they operate
Development (OECD), (2011) points                                  around a framework regulated by a

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plethora     of   laws,    regulations,                            the ability to retain the right skilled
circulars, and codes of conduct. For                               staff. He further pointed that another
example, most constitutions assign                                 challenge encountered in setting
the responsibility of Human Rights to                              conditions of service is when an
public institutions, so the CEOs as                                organisation operates a unitary board
heads become the duty bearers                                      whereby the Chairman will also be
whose mandate will be to ensure                                    the CEO because such individuals will
their fulfillment for the benefit of                               be wielding significant influence over
rights holders. The failure to comply                              other board members. This situation
with fulfilling the human rights                                   is exacerbated if the Chairman would
provisions will result in CEOs and                                 have been the CEO long time and this
their institutions being arraigned                                 gives them the ability to erode the
before the courts for failing to follow                            power      of    the    remunerations
constitutional provisions. This has the                            committee. Whilst a CEO with a short
effect of shaping CEOs to be                                       tenure lacks the influence to
bureaucratic and less creative as they                             negotiate a higher package as he/she
would want to avoid being punished                                 will be trying to establish himself
if they transgress beyond the various                              which he/she will try to do by
legal instruments.                                                 achieving agreed targets thereby
        The CEOs in the private sector                             improving                organisational
are insulated from compliance to a lot                             performance. However, due to higher
of these regulations, but they are                                 compensation and packages most
shaped greatly by the dynamic                                      private organisation always offer
changes which occur in the                                         capped CEO tenure linked to
competitive business environment of                                performance usually two five year
the private sector. They are also                                  terms.
greatly affected by the technological                                      In the public sector, most
changes which dictate how products                                 CEOs do not have the flexibility of
are processed, therefore to remain                                 negotiating conditions of service as
viable the CEO will always be racing                               these are predetermined by an organ
to identify new technologies that will                             or institution which has mandate
give them an edge over competitors.                                such as the Public/Civil        Service
                                                                   Commission. In most cases, working
Generic Working Conditions of CEOs                                 conditions for CEOs in State-Owned
       In the private sector, the                                  Enterprises and local governments
remuneration committee has the                                     are agreed at institutional level but
mandate of setting the working                                     are subject to review by line ministry.
conditions for CEOs, (Institute of                                 This was collaborated by (Janke,
Directors of Southern Africa, 2016).                               Propper and Sadun, 2019) when they
To safeguard from personal interests,                              posited that the appointment of CEOs
the membership of this committee is                                in the public sector is not entirely to
composed of independent members.                                   the board of directors of the State-
The mechanism in the private sector                                Owned        Enterprise     or    local
gives the CEO a platform to negotiate                              government but it is reviewed by line
his or her conditions of service with                              Ministries which has the ultimate
the committee. However, (Coyle,                                    power to determine the appointment
2015)      noted that there are                                    of candidates as well as their
challenges encountered in setting up                               conditions of service. Some of the
conditions of service for CEO’s                                    appointments are also recommended
especially in trying to balance                                    by the Cabinet or Commissions for
between an attractive package and                                  approval by parliament or the

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President of that country. In can be                               profitability. They further highlighted
seen that working conditions in the                                that compensation is not entirely
public sector is not a straight forward                            linked      to     meritocracy      and
affair, but it follows a series of                                 performance but the length of service.
multilayered levels of bureaucracy.                                To     understand      the     different
        In terms of compensation,                                  conditions of service for CEOs in the
(Hickman & Lee, 2001) states that in                               public and private sectors,the
the public sector, it is linked to                                 following comparative table gives
functions and position, not to                                     such analysis.

        Table 1: Comparative benefits between CEO in private and public sector
ITEM                                                     CEO

                                                         Private Sector                  Public Sector

Salary-Fixed                                             yes                             yes
-Performance-based                                       yes                             -

Housing                                                  Yes                             yes

Share Options/Equity                                     yes                             -

Board meeting allowance                                  yes                             -

Motor vehicle and fuel                                   yes                             yes

Severance allowance                                      Yes                             yes

Security Guard                                           Yes                             -

House Maid                                               yes                             -

Telephone Allowance                                      yes                             yes

Medical aid cover                                        yes                             yes

Funeral cover                                            yes                             yes

Pension Scheme                                           yes                             yes

Education allowance                                      yes                             yes

Vacation Leave days                                      yes                             Yes

Annual Bonus                                             Performance-based               yes

Subscriptions to professional boards                     yes                             -

Holiday Allowance                                        yes                             -

Working Hours                                            Flexible                        Fixed

Source: Processed by the author (2021)

       It can be noted that working
conditions for CEOs in the private
sector are better as compared to the
private sector.

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Uncapped CEOs Term Limits:                                         CEOs especially in the public sector.
Debates                                                            This argument is also silent on one
        As the chorus to uphold good                               major      contentious      issue      of
corporate      governance     practices                            compensation. Ideally, a higher
grows, two distinct competing                                      package is more appropriate for short
debates have emerged. The first                                    tenure as the CEO would be able to be
school of thought argues that tenure                               cushioned       once      he      leaves
of CEOs in public and private                                      employment. In most developing
organisations must be capped in line                               countries employment opportunities
with presidential term limits found in                             are limited such that if a person
most democratic constitutions as they                              leaves employment he/she might find
argue that a President is the CEO of                               it difficult to get another position
the country. This school of thought                                despite that he/she might be highly
argues that, since most Presidents                                 skilled and qualified, therefore
have a constitutional two five-year                                capping the term limit does not
term limit, this must then be cascaded                             address this issue holistically.
to all public and private sector                                           The second school of thought
organisation. Proponents for this                                  as advanced by Whitehead (2011)
school of thought like (Benz & Frey,                               argues that CEOs with uncapped term
2007) argue that for example in the                                limits are necessary for organisations
United States of America there are                                 as they have proven leadership based
two four year term limits applicable                               on years of practical experience
to the president and this can also                                 gained mainly inside the organisation
being applied to CEOs in the                                       through promotions. He critiques that
corporate world. Choruma (2019)                                    a capped tenure for a CEO will make
reaffirms this line of thought when he                             him/her short-sighted and focus on
stated that the Constitution of                                    short outcomes. It is argued further
Zimbabwe Amendment No (20) of                                      that, CEOs with long tenure are
2013, section 95 give two five year                                beneficiary in that they focus on
terms to the Head of State and                                     pursuing long term objectives which
Government, therefore the same must                                will provide good returns to
be extended to leaders in the public                               organisations. Choruma (2019) is of
and private sectors. This was also                                 the view that the issue of CEOs tenure
supported by (Mohd-Saleh, Mohd-                                    is the responsibility of the Board of
Sanusi, Abd-Rahman, & Bukit, 2012)                                 directors because its an internal issue
who argue that short-tenured CEOs                                  that must be governed by an
uphold good corporate governance                                   organisations code. Therefore, an
practices as their disclosure of                                   organisation could choose either to
information to the board of directors                              go in favour of uncapped or capped
and shareholders is more transparent                               tenure.
because they would be trying to                                            Those in the public sector
prove their integrity and reputation.                              seem to favour the uncapping of term
        However, the major drawback                                limits for a variety of reasons. Firstly,
of this argument, is that in countries                             most CEOs rise from lower ranks to
with weak democratic institutions,                                 higher positions through a structured
constitutions are amended to allow                                 internal promotional bureaucratic
incumbent (Presidents) to extend                                   process, therefore it is argued that
their hold to power for perpetuity.                                this experience can not be discarded
Because of such blatant constitutional                             easily. Secondly, it is argued that
transgressions, it also becomes                                    CEOs in the public sector are career
impossible to then put term limits to                              civil servants and the sector lacks

Paradzai Munyede/Capping the tenure of CEOs as a Good Corporate Governance Strategy: Prospects and Challenges
Journal of Contemporary Governance and Public Policy 2 (1), April 2021, 67-78                                   76 of 78

adequate financial resources to offer                              Alternative route to cap tenure in
higher       compensation      packages                            the public sector
therefore long tenure accompanied                                          To promote good corporate
by a guaranteed pension will become                                governance practice, this paper
ideal. Thirdly, the nature of services                             argues that the capping term limit is
like      refuse    collection,     road                           the ideal route to take. The private
maintenance, and public lighting                                   sector as indicated above can pay
offered by public organisations are                                better compensation to a CEO thereby
difficult to measure and outcomes are                              this poses no challenges. On the
difficult to attach to a single                                    contrary, the public sector has
individual. It is argued that unlike a                             challenges since remuneration is
CEO in the private sector where                                    lower, however, this paper maintains
indicators such as profitability, return                           that public sector organisation can
on capital, earnings per share, and                                have capped tenure. To cushion the
dividend cover are easy to measure.                                CEOs in the public sector, the
Given such a setting uncapping of                                  following can be adopted.
tenure becomes necessary for CEOs in                                • Loans at concessionary rates to
the public sector.                                                      purchase assets like a house,
                                                                        vehicle, and other basic needs
Drawbacks of uncapped Tenure                                            have to be extended to CEOs.
       However, there are drawbacks                                 • To guarantee the continued flow
associated     with     giving   CEOs                                   of income, options to invest in
uncapped tenure which goes against                                      government and municipal bonds
good corporate governance practice.                                     must be availed to these top
According to (Whitehead, 2011) long-                                    executives.
tenured CEOs capture the board of                                   • The practical experience of these
directors resulting in (board erosion)                                  executives needs to be tapped
which will result in him overruling                                     into institutions of higher
their decision thereby affecting the                                    learning by creating platforms in
principal-agent theory. This is worse                                   which they come as paid
in dualistic boards where the CEO is                                    lecturers, guest speakers at
also the Chairman of the company as                                     symposiums, and forums.
he/she will be wielding more power                                  • They can also be given the space
than the board. Choruma, (2019)                                         to document their experiences
argues that long-serving CEOs                                           into books thereby creating
become complacent and less value-                                       repositories that will promote
adding to the organisation. Further,                                    efficiency and effectiveness of the
uncapped          tenure        makes                                   public sector.
organisations become stagnate and
will not regenerate themselves                                     Conclusion
thereby affecting their overall                                           Corporate governance has
performance. In terms of disclosure                                evolved significantly over the last
of information to stakeholders, long-                              three decades and continues to do so.
tenured CEOs are conservative as                                   The demands for accountability and
they would be unwilling to expose                                  transparency by stakeholders are
themselves especially when there is                                becoming a prerequisite for both
an issue that will affect their job                                public     and     private      sector
security.                                                          organisation. This, therefore, places
                                                                   the CEO as a key player who should
                                                                   advance good corporate governance
                                                                   practices which include limitations of

Paradzai Munyede/Capping the tenure of CEOs as a Good Corporate Governance Strategy: Prospects and Challenges
Journal of Contemporary Governance and Public Policy 2 (1), April 2021, 67-78                                   77 of 78

their tenure. Whilst the public sector                                  Managing Human Resources in
and some organisation in the private                                    the Public Sector: A Shared
sector favors uncapped tenure, this is                                  Responsibility.       San      Diego:
against good governance practices as                                    Harcourt College Publishers.
it concentrates power in the hands of                              Institute of Directors of Southern
an individual.                                                          Africa. (2016). King IV Report on
        Therefore, capping of Ceo's                                     Corporate Governance For South
tenure provides realistic chances of                                    Africa. Johannesburg: Institute Of
improving organisations performance                                     Directors Southern Africa.
either in the public or private sector.                            Katharina Janke, C. P. (2019). The
The issue of CEOs tenure is a critical                                  Impact of CEOs in the Public
variable that has a direct impact on                                    Sector: Evidence from the English
enhancing the viability of institutions,                                NHS. Boston: Harvard Business
therefore capping is in line with good                                  School.
governance practice.                                               Leavy, P. (2014). The Oxford
                                                                        Handbook          of      Qualitative
Acknowledgments                                                         Research. New York: Oxford
       Author thank the Institute of                                    University Press.
Peace, Leadership and Governance,                                  Mandala, N., Kaijage, E., Aduda, J., &
College    of    Business,    Peace,                                    Iraya, C. (2017). Board Structure,
Leadership and Governance, Africa                                       CEO          Tenure,           Firms’
University for their supports this                                      Charactersitics and Performance
work.                                                                   of Financial Institutions in
                                                                        Kenya.      European        Scientific
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