Board members of non-profit organisations are all generally time poor and have competing demands on their attention and focus. However, if an individual accepts a position on a board, then being busy is no excuse for inadequate contribution – if you cannot contribute, don’t nominate. There are a few ways non-profits boards can collectively, and the directors individually, improve their effectiveness and therefore enhance the overall performance of the organisation and these include:
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Integrity
Articles by our readers about integrity. Do you want to contribute to this category too? Please subscribe to be an author.
SOCIAL MEDIA – CHANGING TIMES AND INCREASING RISK
Many technologists across the world were completely bewildered by the claim Gordon E. Moore made in 1965, when he boldly predicted the rate of change the world would undergo through the rapid development of technology. Famously known as “Moore’s Law”; it supports the notion that every two years the components found on integrated circuits would double, and the size of the components would half in the same period. Simply put, this means that the computing power in various computerised devices is doubling every two years and the size of these devices — which most of us use on a daily basis — is becoming more powerful, and more pervasive. Of course, Moore’s predictions have come to pass, and in fact these predictions may even have exceeded his original thinking. One just needs to consider the average computing power found in cell phones, laptops and Personal Device Assistants (‘PDAs’) which are owned by most ordinary citizens.
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GDPR substantially changes the manner in which personal data is treated.
By Terrance M. Booysen (Director: CGF) and peer reviewed by Dr. Peter Tobin (GDPR & POPIA Specialist)
There has been much discussion and focus on GDPR — the 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.
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REGULAR BOARD EVALUATION IS MORE THAN SIMPLY A RECOMMENDATION
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.
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The Trust Question: Can Barclays Rebuild the Brand?
Article appeared last week on The FCPA blog.
Jes Staley is the newly appointed American CEO of the beleaguered British Barclays Bank. He recently said, “I do believe that trust is returning to our institution. But we will never rest, we are never done. We have to focus on building that trust every day.”
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Blue Wall of Management
During my investment career I have always been perplexed by the make-up of most firm’s Board of Directors, from my coverage of U.S. stocks to global Stocks, from small cap to mega cap companies, from the buy side to the sell side. I have seen it all, and I have almost universally been disappointed. I have seen a medical doctor sit on the board of one the largest railroads in the U.S., management from top customers sitting on compensation committees, and active Fortune 100 CEO’s that also held three board of director positions. But like most investors, I have just noted the poor board make-up, and included it in the mosaic of information I use to make investment decision, because in reality most board memberships are poorly filled and there was little as investor I could do about it. Unfortunately, I did not think about it much, I did not ask why boards were so poorly filled.
Board Reviews – Abort, Retry, Ignore, Fail – A New Model is Needed
The chairman’s presentation at Diligent’s (DIL –NZX) 2013 AGM (June 23rd) included the following brief statement under the heading Strengthened Internal Controls: “The Board is currently undertaking a review of corporate governance matters with the assistance of an outside consultant, including with respect to the desired skill sets for the Board, share administration and other internal processes related to corporate governance.”
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Is Alternative Dispute Resolution (ADR), all it’s made out to be?
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. Juxtaposing the traditional approach of settling disputes first and formally through the courts, there are international calls for greater efficiencies in all aspects of the dispute resolution process. However, notwithstanding the benefits expected by ‘side-stepping’ the formal courtroom process, the success of ADR depends largely on negotiation, including the goodwill and collaboration of all the affected parties. If any of these elements are missing, then it is inevitable that the ADR process may be negatively impacted and even fail.
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DO YOU REALLY NEED A CORPORATE GOVERNANCE FRAMEWORK®?
Johannesburg, South Africa
By Jene’ 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. Internationally, the business and regulatory implications of the election of President Donald Trump and the vote in favour of Brexit and how these events will impact on local markets and businesses, is still unfolding. It therefore comes as no surprise that recent governance, risk and compliance (‘GRC’) surveys all indicate an increasing need to improve risk oversight and to balance opportunity management with risk management. The challenge lies in being able to achieve these objectives!
Diversity Discussion Guide for Directors
In light of new global trends and business imperatives, the need for diversity of experience,
background and perspective has become an important board mandate. Boards have
a responsibility to prepare for the future of their organizations and to take the strategic
actions necessary to meet shifting stakeholder demands and adapt to the rapidly changing
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