Tag: fiduciary duties

Conclusions and recommendations made in part one of the state capture inquiry report align closely to a letter sent by the Institute of Directors South Africa (IoDSA) to the Zondo Commission in September 2021. The letter included recommendations on director competencies as well as the nomination and selection of directors.

An interview with Parmi Natesan, CEO, The Institute of Directors in Southern Africa (IoDSA), and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the importance of corporate governance, accountability, skills and independence for directors, so that they can fulfil their duties, in the light of the recent testimony by Dudu Myeni and Yakhe Kwinana at the Zondo Commission.

The recent testimony at the Zondo Commission by Dudu Myeni (former Chair of the SAA Board) and Yakhe Kwinana (former Chair of SAA Technical) should be a wake-up call both for directors and the government.

As most South Africans eagerly awaited some reprieve from a year of constant and negative bombardment, be this over matters such as a massively contracted economy, rising unemployment, state capture, rising corruption and the threat of expropriation of property without compensation, many had hoped to return from their annual vacation rested, and hopeful to hear some positive news. This did not happen.

There are about 230,000 registered non-profit organisations (NPOs) in South Africa, and getting involved as a board member could make a considerable difference to their sustainability. Join up and make a difference – but avoid some common pitfalls.

The delinquency provisions in the Companies Act are emerging as a key remedy against misconduct by directors in both the public and private sectors. What we have seen recently is that these delinquency provisions are increasingly being used to hold directors to account for misconduct. Directors must take note of this, because the penalties are extremely severe.

An often misunderstood issue among entrepreneurs is the muddled duties of individuals who act in the roles of shareholder, director and employee. The court recently assisted to untangle these issues.

The recent IODSA’ panel discussion on directors’ duties in respect to climate change highlighted the increasing realisation that directors need to factor climate change into their governance deliberations about strategy, risk management, products and services.

The duty of directors to act in the best interest of the company has traditionally been to maximise profits for the company's shareholders. Over time, however, public opinion has dictated that a variety of other stakeholders' interests should also be recognised. So, can the directors of these companies be held personally liable by the South African public as ultimate stakeholders? And, what exactly are the duties of directors of State Owned Companies (SOC)?