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CGF Articles & Editorials

LEVERAGING THE ORGANISATION’S MEMORANDUM OF INCORPORATION TO IMPROVE ITS RISK MANAGEMENT AND SUSTAINABILITY (2019-04-29)

By Lucien Caron (CGF Lead Independent Consultant) and peer reviewed by Terrance M. Booysen

An experienced board member will fully appreciate the various mechanisms contained within the organisation’s Memorandum of Incorporation (‘MOI’) that can be altered to best suit the environment within which the company operates.  More often than not, the MOI is trivialized as simply a ‘founding document’ of the company and once approved, it is filed and gathers dust.  However, over-looking the importance of the MOI -- which contains information about the core elements of the organisation’s governance -- amounts to an injustice to the nature and intent of this document, not least also the company and its stakeholders.

‘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.