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CGF Articles & Editorials

‘HURTFUL, OFFENSIVE AND DISTURBING SPEECH’ MAY LEND ITSELF TO UNINTENDED AND SEVERE CONSEQUENCES FOR SOCIAL COHESION IN SOUTH AFRICA (2019-04-11)

By Terrance M. Booysen and peer reviewed by Kerry Gantley (Partner: Cowan-Harper-Madikizela Attorneys)

We all know that hate speech and free speech are entirely different concepts, yet in South Africa what you can and cannot say as a responsible citizen or public figure remains a divisive issue.

Vicki Momberg, Adam Catzevelos, Penny Sparrow, Kessie Nair, Velaphi Kumalo, Julius Malema, Edward Zuma and Andile Mngxitama are all recent examples of people from different ethnic backgrounds, whether as ordinary citizens or public figures, who have either fallen foul of or perceived to have fallen foul of hate speech laws.

SAFEGUARDING THE INTELLECTUAL PROPERTY OF AN ORGANISATION: A CRITICAL GOVERNANCE MATTER! (2019-03-04)

By Terrance M. Booysen and peer reviewed by At van Rooy (KISCH IP: Director and Patent Attorney)

When boards of directors gather to discuss the top risks of an organisation, it may entail matters such as structurally high unemployment, labour unrest, exchange rate volatility, political uncertainty, unmanageable fraud and corruption, threats of new market entrants or even product stagnation.

AMENDMENTS TO THE COMPETITION ACT MAY FURTHER CURTAIL FOREIGN INVESTMENT APPETITE (2019-03-04)

By Terrance M. Booysen and peer reviewed by Lesley Morphet (Partner: Hogan Lovells)

The South African Competition Amendment Act 18 of 2018 (‘the Amendment Act’) which was tabled in Parliament in July 2018, and signed into law by President Ramaphosa last month, has been the subject of much debate and comment, especially insofar as it aims to implement far-reaching changes to the current Competition Act 89 of 1998 (‘the Competition Act’). Although the Amendment Act has been signed into law, it is yet to be brought into operation on a date to be declared by the President.

IS WHISTLEBLOWING LEGISLATION AS EFFECTIVE IN PRACTICE AS IT IS ON PAPER? (2019-01-16)

By Terrance M. Booysen and peer reviewed by David Loxton (Chief Executive Officer: Africa Forensics & Cyber)

Theory and practice can be worlds apart, and unsurprisingly, in the realm of morality and ethics, the divide between the two is often clearly pronounced.  While it may be easy for employees to claim that they would without question report any observations of fraud, corruption, or other impropriety being perpetrated in the workplace, it may not be that easy for them to do so in practice.

REGULAR BOARD EVALUATION IS MORE THAN SIMPLY A RECOMMENDATION (2018-11-13)

By Terrance M. Booysen (Director: CGF) and Ramani Naidoo (Author: Corporate Governance - An essential guide for South African companies)

Management guru, Peter Drucker, is often quoted as saying, “If you can’t measure it, you can’t manage [or improve] it”.  Constructive feedback is integral to a process of development, growth and improvement, not least in an organisational setting, and especially in the case of boards of directors.  In their leadership roles, directors are expected to fulfill their statutory, fiduciary and ethical duties towards an organisation, and their performance in this role should be evaluated so that their effectiveness can be assessed and tested against best practice and appropriate benchmarks.  Where lacking, actions for improvement should be put in place -- whether on an individual or collective basis -- for the benefit of the board as well as for the organisation and its stakeholders.

WTS BUSINESS SERVICES BOLSTERED BY THE DIGITISED CORPORATE GOVERNANCE FRAMEWORK® SOFTWARE ̴ PRAEFECTUS™ (2018-10-22)

Since 2003, the executive team of CGF realised the complexity of business, furthermore the manner in which boards of directors would grapple with not only a barrage of increasing legislation from local and international sources, but also the business and governance challenges that arise from a myriad of changes spurred by evolving business models, dissipating traditional business boundaries, the complexities of mixed generational workforces, as well as quantum technological developments.

RAMANI NAIDOO ENERGISES INCREASED ACCOUNTABILITY AND TRANSPARENCY IN HER ROLE AS CGF HONORARY PATRON (2018-10-15)

There is old-age adage that goes: “If you want something done, ask a busy person to do it.”  As this phrase evolved through the years, and as women have become key catalysts in changing the modern day professional workplace, it is little wonder that the expression is sometimes heard as: “If you want something done well and properly, ask a busy woman to do it”!

SUCCESSION PLANNING WILL BE AFFECTED BY NEW GENERATIONAL THINKERS (2018-10-01)

By Terrance M. Booysen (Director: CGF) and peer reviewed by Heleen Wright (Business Services Director: WTS Business Services)

Organisational succession planning, and the associated management and implementation of such plans, has traditionally been viewed as a long-term, deliberate and well-thought-out process.  This thinking shouldn’t change in the context of modern organisations.  However, the advent and continuation of the Fourth Industrial Revolution has meant that the process of succession planning and management can no longer afford to be reactive or relegated to the backburner.

GDPR SUBSTANTIALLY CHANGES THE MANNER IN WHICH PERSONAL DATA IS TREATED (2018-09-10)

By Terrance M. Booysen (Director: CGF) and peer reviewed by Dr. Peter Tobin (GDPR & POPIA Specialist)

In recent months, there has been much discussion and focus on GDPR -- the new European Union (‘EU’) General Data Protection Regulation 2016/679 -- which came into force on 25 May 2018.  This EU legislation aims to strengthen the application and enforcement of data privacy laws, not only through its principles and the obligations it places on organisations, but also through its global reach.

IS ALTERNATIVE DISPUTE RESOLUTION ALL IT’S MADE OUT TO BE? (2018-08-15)

By Terrance M. Booysen (Director: CGF) and peer reviewed by Jayson Kent (Cowan-Harper-Madikizela Attorneys: Senior Associate)

In today’s fast-paced business environment, where time is of the essence, any manner in which processes can be streamlined, made more efficient, and concluded within a shorter time frame than previously possible, is generally met with positivity and appreciation.  This is no less the case in the realm of dispute resolution, since parties to a failed agreement often find that there is hardly time to have a dispute, let alone resolve it.  Increasingly the benefits of Alternative Dispute Resolution (‘ADR’) are being lauded over more traditional, litigious methods which most often start with contending and expensive lawyers, followed by complex, expensively drawn out legal processes.