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CGF Articles & Editorials

PROTECTION OF INVESTMENT: HOW SAFE ARE SOUTH AFRICA’S ‘INVESTMENTS’? (2016-07-18)

Article by Terrance M. Booysen and reviewed by Ian Jacobsberg (Partner: Hogan Lovells)

At the time when South Africa re-entered the global economic arena in 1994 -- amongst a number of critical tasks set by the late President Nelson Mandela -- the newly elected democratic government realised the importance of establishing Bilateral Investment Treaties (‘BITs’) with foreign countries.  These BITs were established in order to inter alia; boost the then ailing economy through international trade, as well as to attract their much needed foreign investment to South Africa. 

COMPETITION LAW: BAD ECONOMIC TIMES CAN BE GOOD BUSINESS FOR OTHERS (2016-07-05)

Article by Terrance M. Booysen

As South Africa’s economy continues to struggle with shrinkage of 7.1% in exports and imports -- which was recently reported by Statistics SA for the first quarter of 2016 -- our dismal GDP (gross domestic product) annual growth of less than one percent, is great cause for concern.  The pressure to see some form of economic vibrancy, which has generally eluded the country since 2008, has never been greater than it is at this point in time.

BUSINESS JUDGEMENT RULE: HOW YOU WILL BE JUDGED (2016-06-10)

Article by Terrance M. Booysen

It is not surprising that many business leaders have become a lot more circumspect about their positions -- including their waning risk appetite -- as yet more draconian legislation enters the market in South Africa.

TANGIBLE BENEFITS OF A CORPORATE GOVERNANCE FRAMEWORK® (2016-06-07)

Article by Jenè Palmer

Forward thinking organisations have realised that corporate governance does not merely fall into the portfolio of the Company Secretary.  Indeed, the draft King IV Report on Corporate Governance for South Africa 2016 (‘King IV’), describes corporate governance as “the exercise of ethical and effective leadership by the governing body” of an organisation.

IGNORANCE OF THE LAW IS NO EXCUSE – MAKE SURE YOU KNOW WHAT IS REQUIRED (2016-05-26)

Article by CGF

Experience shows that it is often not the complex legal issues that companies stumble over.  In most cases, the complex legal issues tend to receive a lot more focus within a company and they are usually dealt with by teams of lawyers and accountants.

CYBER CRIME: RANSOMWARE LURKS DANGEROUSLY WITHIN THE INTERNET (2016-05-23)

Article by Terrance M. Booysen and peer reviewed by Craig Rosewarne (CEO: Wolfpack Information Risk)

It was estimated by ISACA -- previously known as the Information Systems Audit and Control Association® -- that there could be as much as 5.4 billion internet-based connected devices by the year 2020.  And these estimates may even exceed their original projections as technology advances with its prolific and wide-spread adoption.

SUSTAINABLE DEVELOPMENT GOALS: CAN SOUTH AFRICA DO IT? (2016-05-09)

Article by Terrance M. Booysen

The impacts of the widely broadcasted activities that South African citizens witnessed regarding the ‘Nenegate blunder’ will be felt hardest amongst the poor, and for many years to come.  And this is with no thanks to President Jacob Zuma.

SCANT REGARD FOR CORPORATE GOVERNANCE IN SOUTH AFRICA (2016-04-18)

Article by Terrance M. Booysen

With the recent findings of the Constitutional Court pertaining to the Nkandla matter, the subject of corporate governance has intensified and the topic has featured in media headlines, talk-shows and public debates across South Africa.

CORPORATE REPUTATION: IT CERTAINLY MATTERS (2016-04-04)

By Terrance M. Booysen and reviewed by Ian Jacobsberg (Partner: Hogan Lovells)

One hardly needs any reminding of the global economic crash and its devastating effects the world experienced in September 2008.  Many businesses were brought to their knees, and countless individuals were financially ruined as a result of what could only be described as reckless trading, backed by the greed of a select group of business executives in the financial services market.

GOVERNANCE OF RISK: A CRITICAL ELEMENT FOR BOARD DELIBERATION (2016-03-15)

Article by Terrance M. Booysen

As more pressure is exerted upon organisations to demonstrate good governance across their entire operation, increasingly boards of directors are expected to possess far greater knowledge and understanding of the organisation’s business and its supply chain.