Page 47 - FOL2023
P. 47

NUL Alumni


            2.DEFINITION:                                                   evaluation of the core culture
                                                                            and values.
            2.1     Corporate     governance      is    the
                                                                         •  Ensuring  that  the  company  is
                    overreaching     set     of    policies,
                                                                            transparent    and    purposeful
                    procedures and relationships that
                                                                            and allows stakeholders an
                    enable  an  organisation  to  establish
                                                                            opportunity to evaluate whether
                    objectives,  set  ethical  boundaries  to
                                                                            the    chosen     policies   and
                    the  acceptable  means  with  which
                                                                            procedures are optimal for the
                    those  objectives  will  be  met,  monitor
                                                                            specific company.
                    the achievement of objectives, reward
                    successful achievements and discipline  3.2      This  is  broadly  the  framework  upon

                    unsuccessful or inappropriate attempts           which    corporate     governance     is
                    to meet objectives, in order to keep the         based.  The Human Resource element
                    organization aligned with the needs and          is  expected  to  review  talent  and
                    interest of its primary stakeholder (per         development, including  succession

                    Neel, Corporate Governance Centre).              plans.

            2.2     In  other  publications,  the  governance  4.
                    structure  establishes  the  fundamental
                                                              4.1    The  political  transition  in  South  Africa
                    relationship among the Board, its
                                                                     ushered  in  the  1990s  coincided  with
                    committees, management shareholders
                                                                     the rise of labour militancy. This forced
                    and other stakeholders (read workers).
                                                                     a  rethink  on  the  labour  dispensation
                    The last category will normally be under
                                                                     to  try  and  curb  the  wildcat  strikes
                    Human  Resources, and,  depending  on
                                                                     that  threatened  economic  stability.
                    the structure, forms a very small part of
                                                                     A  new  model  of  corporate  structure
                    the bigger group.
                                                                     and  governance  was  called  for.  This
            3.                                                       resulted in the formation of the National
                                                                     Economic  Development  and  Labour
            3.1     The guiding principles can be summed
                                                                     Council (NEDLAC), which is an umbrella
                    up as:
                                                                     organization  consisting  of  Industry,
                       •  Effective and regular interaction          Government and Labour.
                           among the stakeholders.
                                                              4.2    The result from this development was
                       •  Stakeholder      feedback      to
                                                                     the  establishment  of  the  Commission
                           evaluate whether policies meet
                                                                     for   Conciliation,   Mediation     and
                           expectations.
                                                                     Arbitration (CCMA), which would found
                       •  Balancing  the interests of the
                                                                     its  mandate  from  the  new  Labour
                           company and its shareholders.
                                                                     Relations Act.
                       •  Maintaining            long-term
                           performance and values.                   4.2.1   A  key  element  of  the  CCMA’s
                       •  Ensuring  healthy  and  regular                   functioning  was to ensure a





             Issue 2022                                                                      FOL Quarterly  49
   42   43   44   45   46   47   48   49   50   51   52