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CGF Articles & Editorials

THE FINANCIAL INTELLIGENCE CENTRE ACT IS AMENDED: IT NOW NEEDS IMPLEMENTATION (2017-06-05)

By Terrance M. Booysen and peer reviewed by David Loxton (Partner: Dentons)

With South Africa already on precarious ground as a result of its alleged ‘state capture’; not least also the effects of South Africa being downgraded to “junk-status” by Standard and Poors and Fitch rating agencies, it was in the nick of time that President Jacob Zuma signed the Financial Intelligence Centre Amendment Act 1 of 2017 (‘the Amendment Act’) into law on 28 April 2017.

NEW PREFERENTIAL PROCUREMENT REGULATIONS LIKELY TO BE CHALLENGED (2017-05-15)

By Terrance M. Booysen and reviewed by Bulelwa Mabasa (Werksmans: Partner)

In his State of the Nation Address in 2017, President Jacob Zuma noted the intention of the South African government to influence the behaviour of the private sector and to drive economic transformation.  He stated that this objective would be achieved through the government playing a role in the economy through legislation, regulations, licensing, budget and procurement, as well as Broad-Based Black Economic Empowerment (‘B-BBEE’) imperatives.

HONORARY PATRONSHIP: PROFESSOR MICHAEL KATZ ADDS WORLDCLASS LEADERSHIP TO CGF (2017-05-10)

It is reported that Benjamin Franklin (1706-1790) -- being one of the people who drafted the Declaration of Independence, including the Constitution of the United States of America -- once said; “If you want something done, give it to a busy person.” Indeed, this axiom is entirely fitting in respect of South Africa’s very own Professor Michael Mervyn Katz.  Professor Katz is renowned for his illustrious career which spans a period of almost 50 years, where he specialises in corporate and commercial law.

RIFLE-SHOT PERFORMANCE HOLDINGS: SIX SOLID YEARS OF PATRONSHIP WITH CGF (2017-04-18)

As its longest serving Corporate Patron, Rifle-Shot Performance Holdings (Pty) Ltd (‘Rifle-Shot’) has supported CGF Research Institute (Pty) Ltd (‘CGF’) since 2011.  The business relationship has grown steadily through the years, and both companies have enjoyed the benefits of exchanging business ideas and enhancing their respective brands and market offerings.

WORKPLACE STRESS: A REAL ORGANISATIONAL RISK (2017-04-12)

By Dr Dicky Els and Terrance M. Booysen

It is imperative that the impact of work-related stress and the negative impact of distress be incorporated into the organisation’s enterprise-wide risk management framework. A Bloomberg study conducted in 2013 revealed that South Africa is the second-most ‘stressed’ country out of a study of 74 countries.

DO YOU REALLY NEED A CORPORATE GOVERNANCE FRAMEWORK®? (2017-02-28)

By Jené Palmer and reviewed by Terrance M. Booysen

We know that both local and international organisations are continuously having to adapt to operate in uncertain business environments.  Locally, the release of the Preferential Procurement Regulations 2017, which places stronger emphasis on ‘radical transformation’, against the backdrop of persisting low economic growth rates are only some of the elements giving rise to further uncertainty.

BOARD INDUCTION: A CRITICAL COMPONENT FOR BOARD UNDERSTANDING AND PERFORMANCE (2017-02-15)

By Terrance M. Booysen and reviewed by Andrew Johnston (Director: Corporate Services - Sun International)

As Sir Winston Church famously once said, “There comes into the life of every man a task for which he and he alone is uniquely suited.  What a shame if that moment finds him either unwilling or unprepared for that which would become his finest hour.”  Undeniably, this axiom would apply when new directors are not properly inducted within the context of their new board environment and the affairs of the organisation.

HOLDING DIRECTORS PERSONALLY LIABLE: WHERE TO DRAW THE LINE? (2017-02-09)

By Terrance M. Booysen, Lucien Caron and Robert Davies

There is no doubt that directors in South Africa are being scrutinised for their role within organisations ̴ and far more than in previous times.  Board and executive decision-making is being challenged in parliament and in court and, at the very least, some directors have suffered significant reputational damage for not being seen to have properly and diligently fulfilled their fiduciary duties.

ARE YOU READY FOR REGULATORY ONSLAUGHT AND INTERVENTIONS? (2017-02-02)

By Lucien Caron and reviewed by Terrance M. Booysen

Increasingly, large and small organisations are under mounting pressure to manage regulatory compliance and their associated risks more effectively.  Greater attention thus needs to be given to the organisation’s risk appetite and its risk mitigation, both at the enterprise and service-line levels.

INTOLERANT AND UNSOCIABLE BEHAVIOUR TO BECOME LEGISLATED (2017-01-18)

By Terrance M. Booysen and reviewed by Osborne Molatudi (Partner: Hogan Lovells)

South Africa’s first black President, the late Nelson Mandela famously said, “No one is born hating another person because of the colour of his skin, or his background, or his religion.  People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.”  It is against this backdrop that the issue of racism needs to be tackled, especially in light of the recent racist utterances and numerous incidents of vicious crimes which have been perpetrated in South Africa under the guise of racial hate and the associated social intolerances.