CGF Articles & Editorials
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.
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.
By Terrance M. Booysen and peer reviewed by David Loxton (Chief Executive Officer: Africa Forensics & Cyber)
Being able to speak the truth, without the fear of being intimidated or being politically incorrect is a liberty that sets a person free, both physically and psychologically. However, this attribute is increasingly more difficult to find in the leadership and structures of the ‘new’ democratic South Africa. This is ironic, in fact also bizarre and especially so in a country equipped with a Constitution that is considered to be one of the best in the world.
By Terrance M. Booysen (Director: CGF) and peer reviewed by Lucien Caron (Lead Independent Consultant: CGF)
The role of a company secretary is broad and onerous to say the least and, if this post is not occupied by a competent person who has the appropriate knowledge and skills; the consequences can be the cause of significant organisational friction. The requirements and reporting lines of the position -- by their very nature -- give rise to potential conflict situations, and it is for this reason in particular, that the person appointed to the position must have the necessary maturity, experience and independence to properly carry out their duties and responsibilities, while being objective, impartial and independent.
By Junadi Jooste (CGF: Lead Independent Consultant) and peer reviewed by Jené Palmer (CGF: Director)
Corporate failures result from poor governance. There are a multitude of reasons for poor governance, but at the heart lies the composition and effectiveness of the board. Clearly, it is time for the Nominations Committee to take a stronger and more definitive role in ensuring the long-term health of the board and thereby the organisation.
As one of the country’s foremost criminal authorities in the fraud, theft, forgery and corruption arena -- known generally as white-collar crime -- David Loxton (BComm, LLB & MBA, UCT) is renowned for his legal knowledge and experience when it comes to investigating these crimes which are perpetuated by some of the largest criminal syndicates who are often intricately connected both locally and internationally. However, before David became highly sought after as a specialist attorney in white-collar crime, he spent several years ‘cutting his teeth’ as a state prosecutor in Cape Town and Pretoria, where he prosecuted a complete range of “street crimes” including murder, rape, robbery and drug-dealing.
By Terrance M. Booysen (CGF: Director) and peer reviewed by Kerry Gantley (Cowan-Harper Attorneys: Partner)
The media reports are full of such stories; albeit cheating in sports, State capture, wide-scale corruption at governmental, provincial, municipal, parastatal, corporate and the private business sectors, and similar related matters in the cases associated with the Guptas, Mckinsey, Trillian, KPMG (and other auditors), VBS Bank, including Eskom, Steinhoff, SAA and Transnet executives on a personal level.
By Terrance M. Booysen (Director: CGF) and peer reviewed by Hennie Viljoen (CIPC: XBRL Programme Manager)
Standards affect almost every aspect of daily living. They set a certain benchmark level of quality or attainment, and they may be used as a measure, norm or model in comparative evaluations. Standards may also regulate social and societal interactions and they are most often used to manage and guide operations to ensure safety, quality and functionality. In essence standards are as important as they are influential; and the wider the range of their adoption, the easier it is to achieve -- albeit initially -- a common level of quality and comparison.
We are pleased to welcome Junadi Jooste as the newest member to join CGF’s team of Lead Independent Consultants. Junadi has acquired a wealth of business experience over the last 15 years in various industry sectors including Public Entities, the Financial Sector as well as Media Broadcasting. Junadi specialises in a broad range of Company Secretarial functions.
By Terrance M. Booysen and peer reviewed by Michael Judin (Director: Judin Combrinck Inc.)
Most modern, well-governed organisations are acutely aware of the need for their businesses to be run in an ethical and socially-conscious manner and for this ethos to be communicated to their stakeholders. This being the case, it is well documented that the influential set of so-called Millennials -- unlike their older generational ‘Baby Boomers’ and Xennials -- actively support organisations whose tenets are based upon transparency, including the preservation of society and the environment.