Networking events in Africa

As many of you know we are a firm specialising in assisting companies operating within the African continent. Many aspiring entries to this dynamic and fast growing market ask us about opportunities to network with African entrepreneurs and business people. We have therefore deemed it appropriate to list some of the years major networking events for the readers of this blog.

This list is in no way comprehensive and we will endeavour to keep it up to date with events, expo’s and conferences as we find out of them.

Jan 12-15 Medical Expo
www.medicalexpo-maroc.com

21 The Africa Cup of Nations
Gabon & Equatorial Guinea

Feb 6-9 Mining Indaba
www.miningindaba.com

7-8 Ghana Finance & Investment Conference
www.euromoneyconferences.com/ghana

20-23 Nigerial Oil & Gas
www.cwcnog.com

20-29 Urban Infrastructure & Real Estate Summit
www.ic-events.net/africa_urbaninfrastructure

March 27-28 Freight-Intra Africa Summit
www.fia-south.com

May 9-11 World Economic Forum on Africa
www.weforum.org

21-24 African Utility Week
www.african-utility-week.com

23-25 E-Learning Africa Conferenc
www.elearning-africa.com

June 20-22 Africa Round Table & Conference on Corporate Social Responsibility
www.ar-csr.com

Oct Poetry Africa
www.cca.ukzn.ac.za

Is South Africa still a democracy?

Black Tuesday, as it was known in South Africa, came and went and even my wearing of a black shirt yesterday could not call government to apply reason to their proposed “Secrecy Bill”. It has been approved and it will be enacted into parliament within weeks. Many ask, what does this mean and every person with some sort of platform has rendered an opinion. Some of which to me stinks of ignorance, racism and even worse radical comments on both sides of the scale.

Some see this as a victory for black businessmen victimised by white media. How, my little mind cannot comprehend, as the act seeks to protect government officials and so called secrets.Some see it as the death of democracy in South Africa. How can one single act like this assinate a democracy that so many fought, suffered and died for? Firstly I one has to ascertain the true meaning of democracy.

U.S. president Abraham Lincoln defined democracy as: “Government of the people, by the people, for the people”. Winston Churchill’s opinion said: “No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time”. So in simple terms democracy is the right of the people to elect a government of their choice and to be governed, not ruled, by civil servants that are answerable to the people of the country.

In South Africa we have seen the quick death of the civil servant. Municipal worker, government officials (junior to senior) and ministers have conveniently forgotten their title of civil servant. The new term is Emperor. Once employed in government you are the boss, no one to answer to and the public are mere puppets to you and your seniors will and whims. It seems as if government officials have only one goal or aspiration: To have a job senior enough to be able to manage tenders. Who can blame them, it is the most lucrative job in SA.


So how does this secrecy bill destroy democracy?

It kills governments necessity to be accountable to its people, it allows officials to operate their corrupt business activities with impunity. It fosters and promotes secrets in a society that should be transparent and open. It gives government the ability to limit press freedom, to control mass media and to silence critics with one simple piece of correspondence. It empowers the strong to abuse the weak and hide behind a 20 foot wall with little to no risk. It effectively employs the wolf to protect the sheep and it is a travesty for a country that was once seen as the beacon of democracy.

I am disappointed, estranged and bewildered by the fact that my country is showing more and more of the characteristics of a communist and military state. To see more and more that the government cares less for its weak and its poor than for the corrupt and the evil. My opinion aside, lets leave this post with a quote by one of the world’s biggest icons of democracy and peace.

"Press Freedom will never be under threat in South Africa as long as the ANC is the majority party." Nelson Mandela

Pigs get eaten

As South African investors we are a community that is a bit fatigued. We have been battered by investment schemes, scams, overzealous directors and investment companies that has failed on a scale that makes Bruce Willis’s Armageddon look like a Disney channel movie.

Those of us that still have a bit of cash are sitting on it like old hens waiting for the eggs to hatch and we are tapping our feet on different hotplates everyday looking for an investment that is sound in the market that is driven more by news media headlines than investment strategies. Property used to be the ultimate and safe inflation buster, but with tenants defaulting and property sales and prices slowing that avenue has turned into an electric avenue and none of us are in the mood to get shocked.

We want to look offshore, but let’s face it, we are a touchy feely nation and struggle to deal with telephone operators millions of miles away. Even more the old safe havens like Europe and America are constantly fighting their own recession and are so close to being flushed down the financial toilet only their feet are sticking out. So were to then? Who can we trust with our hard earned money?

I think that anyone that has a simple answer to this is either Nostradamus, Da Vinci or just plain reckless. In a world economy where bank bankruptcy is starting to become as normal as taking a tan on the beach in the summer one cannot be blamed for feeling a bit like a headless chicken running all over. There are RSA retail bonds, but let’s not confuse government with optimal spenders and fantastic asset managers. When dead stadiums and defunct para-statels cannot pay back their debts where will the money come from? TAXES? You and me?

So where to go? Where do we go? Diversification is the answer! There is an age old saying: “In any market the bulls make money and the bears make money. It is the pigs that get eaten” Sadly as a nation we tend to invest like pigs. We place our entire investment capital into one product. Recently with Amatenda most of the investors interviewed by Carte Blanche was left destitute by the fact that all their investment capital was gone. With Sharemax we read and here daily of widows and pensioners that invested all their savings into Sharemax and they are now living in garages and looking at family to support them. We are the pigs that happily get eaten year after year after year.

So in this simpletons mind we need to, hedge currencies, invest in multiple asset classes and within those asset classes multiple promoters. That way if you get conned by one or two, at least you are not destitute. Be logical and think with a sober mind. Anything offering above normal bank interests has a risk to it, no matter what the promoter says. Let’s take charge of our destiny, lets invest as widely as possible and get our funds as diverse as we can. Lets either be bears or bulls and leave the pigs be.

Where is a countries wealth?

In South Africa we are constantly battered with eloquent words of wisdom from our astounding politicians. In a country where 25% of the population is unemployed we are regularly bowled out by news of minister living in luxury hotels and recently R 180 Million again spent on our civil servants homes. Just as we thought that we got used to our governments impotency we see young scholars driven to death by blue light brigades, this blue light was not used to race to an emergency but rather a meeting for a VIP. Very Impotent Person.

Why then with such an impotent government are we as a citizenship then so surprised when Cosatu speaks of more aggressive reform and our ever-so-sophisticated friend Malema wanting to grab farms, mines and even the bottle store around the corner. Is this signs that the very voters for this government is losing faith in their leaders? Is this more radical, grabbing approach workable? Is this approach only viable as a short term erection for impotent government officials?

Categorically NO, it does not and will not work and yes, clearly our officials are in desperate need of something to rise in their favour, no matter how short term or even devastating. How can I be so confident that this grab-a-asset system will not work.

Simple let’s look at examples. In Uganda the leader, Idi Amin, chased many big businesses away and started or rather dismally failed in running them. In Zimbabwe the masterpiece of politics and intimidation, Robert Mugabe, took successful commercial farms and that now produce? Yes you are right, virtually nothing. In our own sunny South Africa there are virtually no success stories of commercial farms that was redistributed at huge burden to the tax payer. Why can successful business not just be transferred and run successfully? Why is it not as simple as just throwing all SA assets in one collective pot and then allowing every citizen a scoop of the pot?


Well putting corruption, nepotism and impotency aside. We are not all entrepreneurs and business tycoons. Some of us relish in a world where we can just wait for a pay cheque. In a seminar Warren Buffet was asked what investment would in any economy give you the best return, his answer: Education, in other words self investment, teaching yourself skills and bettering yourself. The wealty did not just fall on money, the big commercial farmers did not one day wake up to massive agricultural holdings. Surely no one believes the CEO's of our major mines just did a pretty waltz and got the job. No wealth is accumulated over time and there is a reason for it, you need to know how to handle and manage wealth, you need to have the knowledge, aptitude and ability to manage and grow wealth. Wealth, apart from some “tenderpreneurs”, does not just happen. As the saying goes: “A fool and his money will soon part”.

In essence one can argue that wealth does not vest in material things. It is seated in one’s ability to generate money and then manage the money that was generated. It therefore lies within the individual and not the assets of the individual.

So the big question still remains how to we aggressively transfer wealth in a country in desperate need of it. The only logical way in this simpletons mind is by generating more wealth. Develop patriotisms again amongst the wealthy, make SA citizens proud of the country they live and work in. Award tax incentives for development of communities and employing more people. Help the wealthy become wealthier and in turn the country and its economy will thrive.

I would like to leave you with one thought. The DRC made a special place for about 25 large commercial maize farmers from South Africa. In a short period of time, in a unknown country with limited support and structures, these farmers were able to turn the DRC from a net importer of maize into a net exporter of maize. Now imagine if the SA government awarded these same commercial farmers with the defunct land that is lying barren in our own borders and made them feel secure in their own country. That vast and fast economic growth would have been for our economy. Jobs would have been created and communities uplifted.

Africa - The land of milk and money

Many entrepreneurs approach our firm, a specialist firm on assisting entrepreneurs entering Africa, to assist them in obtaining their big dreams in Africa. They all have eagerly wagging tails and eyes that glow like a wild buck in a spotlight. However, sometimes we feel like the evil dream dashers when we find an opportunity of a lifetime to be nothing more than an opportunity to shorten your lifetime.


A key fact to remember is that large corporate companies are attacking Africa like wild dogs with rabies, they are setting up shops and offices quicker than what we can comprehend.Who can blame them? With Europe’s head in the toilet and the US avoiding the enema that has to come Africa with an Annual GDP per Capita rumoured to be higher than that of India and a fast emerging middle class in excess of 400 Million has opportunities a plenty for the astute business man. However gone are the days of buying a product at your local store and selling at twice the price in Africa, at least as a sustainable business.

Yes we have clients making so much money from their African operation that buckets are too small for them to use, they had to switch over to the proverbial shovel and wheelbarrow system. However many fail and do so on a spectacular scale. Why then? Ignorance, greed and unwillingness? People believe Africa’s citizenship to be uneducated idiots walking around with pockets full of cash and that Africa is a cheap market to do business in. The truth cannot be more removed from this piece of fiction. Africa’s people are becoming more and more sophisticated daily and flights, accommodation etc is everything but cheap. Africa wants products and services that add value to their businesses and lives at reasonable rates and there are opposition companies in virtually every African country you go to. Greed or quick buck syndrome is also a big business killer with many entrepreneurs entering the market thinking they can go into a country make a fortune and retire in short space of time by selling at ridiculously high margins or acquiring assets, like land, at cheap rates. No true cost of delivery, market study or cost of developing the asset is taken into consideration. In Mozambique farmers flocked to large tracks of land that was virtually free, but they never looked at the massive lack of resources, spares and so forth . Normal business logic still prevails you have to tackle the pain before you can gain anything in business. You need to develop a business plan and make sure your facts are correct. You must be willing to commit to the country you work in and be willing to spend a lot of ”school fees”, time and sweat in learning how to do business the African way.

Business opportunities in Africa are in abundance, solid business strategies will be rewarded, it is truly that land of milk and money. That said, milk can go sour quickly if not taken care of in the proper way and honey can be sticky even if held in vast amounts. When obtaining advise it tends to more prudent to ask what not to do in Africa than on what to do in Africa. Also choose your partners wisely before that glow in your eye is in fact the light held to you by a hunter.

Regret - ETA one day to late

My household is one in a constant battle for time. Time to sit down and relax, time to spend together and the last couple of weeks time to cook a plate of food during the week. I am sure that my family is not the only one bogged down by life and its crazy calendar. However this article is not aimed to be about me, just to bring into context the huge enjoyment when I for the first time in ages was able to watch Carte Blanche. What I saw was, in one simple term, WOW?

Story number two was about yet another pyramid scheme, no it was not run from spectacular offices in Sandton, but rather a small Karoo town Grahamstown. When one conjures mental pictures of this little town, or any small town for that matter, the last thing one expects is a master conman that was able to, allegedly, defraud pensioners, the disabled and widows out of R 60 Million. One is more likely to have mental pictures of dorper sheep happily grazing, no traffic jams and banks without long boring ques. But the truth is life has again achieved in giving us a solid jolt in our system.

I recently read an Afrikaans article by a colleague of mine “Spyt kom altyd te laat” (Regret always comes to late), and in viewing this Carte Blanche expose I clearly saw what was meant by this article and our nation’s ability to be gullible on a scale that one expects in fantasy novels. Why is it that we as a people trust glossy brochures, flashy vehicle’s and big houses blindly? Why is it that we are more than happy to part with our hard earned money on a simple meeting with a friendly face? Why do we never conduct due diligence's? Last question: Why are we totally utterly shocked when we lost our money, when our investment strategy characteristics have more in common with a gambling bug than sound investing?

I think it is actually a simple thing that motivates us. We read about people like Bill Gates, The Facebook dude, Steve Jobs (Apple) and our own Mark Shuttleworth. These are all people that have become sinfully rich in what is perceived to be an incredibly short time. What do all of these people have in common? They are innovators! They were 10 steps ahead of the curve and saw a future that most of us did not even imagine, the innovative thinking created them a stupendous amount of wealth. In contrast most of us are not innovators, we are mere mortals. Our desire is merely that life would throw us an opportunity, we merely want in. We would be more than happy to have just put R 10,000 in the initial Microsoft Shares and to just GET IN.

Therefore we get extremely excited when a “clever and passionate” entrepreneur arrives at our normal homes offering us an In. We get blinded by massive profits, success stories and being the envy of our friends earning massive dividends from no work effort at all.

I am not advocating pessimism, please do not misunderstand me, but I am advocating logic. Both in this new scheme and the Sharemax debacle one very logical question was clearly not asked. How can you develop property and afford to make monthly interest payments. How can you build something, expenses only and still have an income to pay investors? Sanity should always prevail.

The other item that was shocking to me was that the simplest of deed searches showed that the brochure lied, the brochure stated that the property was owned by Amatenda, the deed search showed differently. So the second question should be, why do we never ask for external advice. Is it because we fear the result? Is it because we regard the marketer sitting in our lounge as an advisor? For a simple R 2000-00 a decent investigator could have done a deed search and found that the whole Amatenda document was a scam, would you not rather “loose” R 2,000-00 or face financial destruction and emotional epidurals.

In conclusion and the words of Gareth Cliff. “No one wants a job, most people hate their jobs. We just want the money”. We sometimes act like sheep calmly walking to an abattoir of financial slaughter, just because we do not want to insult the promoter of a scheme. No true, honest business man minds having a due diligence done on them, so the one that you insult by asking the questions should be the one you should run from.

How confident are our professionals

PPS, a South African insurer focused on the graduate and post graduate market recently released their confidence survey conducted with about 3000 of their members. This survey is aimed at showing the levels of confidence that graduate professionals, ie. Doctors, Lawyers, Accountants and Engineers have in South Africa and its economy.

84% remain confident about staying/living in South Africa. According to this report the successful hosting of the world cup, the sovereign debt crisis in Europe and the massive skills shortage in SA are the massive contributors.

In contrast 56% of graduate professionals are confident about SA's economic outlook over the next 12months, down from 64%. Also down from 64% to 56% is the confidence in the local equities market. With only 59% believing that the Rand will strengthen over the next 12 months against other major currencies.

There is also a clear indication that professionals do not believe the worst of South Africa's economic times are over with only 45% of respondents believing the worst has hit us and 71% believing a double dip is on the way.

Government's ability to address unemployment is also a major concern with only 29% of professionals believing that it has the capacity to bring change in this important facet of our economy.

The massive hurdles in the SA economy are Crime, Health care and Education, and here professionals are clearly not very confident.On health services sentiment under graduates was low with only 46% believing that health service provision will be better under the NHS system. Only 45% believe crime rates will drop over the next five years and 48% expected better education levels over the next 5 years. The very interesting statistic that came across as that 89% of the top earners in SA are worried about the sharp escalation in costs of education.

In conclusion. One can extract that there is optimism about South Africa, its people and the private sector's ability to grow under tough circumstances, however the ability of government to address critical issues in our economy does not bolster much confidence.

Today we great a giant good bye - Oom Willem Nel

It is with great sorrow, unbelievable pain and an excruciating sore heart that I and the world great a true icon.

"Oom Willem" was not only a role model, icon and a personal hero to me but more importantly he was Father figure.

"Oom Willem" you will be missed! We will always carry and cherish YOU in our hearts and remember you for the person you truly were. You are with your Father now and we thank and honour him for the opportunity to have been part of Your life.

Rest in utter and total peace, you deserve it !!!

With Love,

John Fogwell

Political Will

How to calculate your break even

Many business owners do not understand the financial side of their business and actually do their best to avoid it, as it is perceived as a complex and dificult process. In this article the author aims to address just one of the most business criticial financial analysis that needs to be done for you to better understand your business. Whether you are in financial services, selling products wholesale or run a consulting business. Knowing when your business actually breaks even is extremely critical. What is the break-even point? The break even point is defined as the point where business sales or revenues (your income) is equal to your business expenses. Therefor there is no profit made nor no loss incurred at the break-even point.

This figure is imperitive for any business owner in the managing of the business since the break-even point is the lowest limit of profit when setting prices and determining business margins. Obviously the break-even point becomes very important when calculating a strategy for net profit or quoting on new projects or even introducing new products to your business. Calculating your break even amount is actually extremely simple, you merely calculate your operational expenses. However I believe it is prudent to take the following factors into consideration when calculating your break even and I have my own little break even calculator, although it may not be academically correct it has worked well in every business I saw it introduced. Break Even = Operational Expenses + Contigency Provision + Cost of Re-Capitalisation + Minimum Entrepreneurial Fee required. Now lets unpack that in a little more detail:

Operational Cost = The total running cost of your business.
Contigency Provision = An amount of money you put aside to isnure break even in the immidiate future. Either by being able to use it to address some unforseen circumstances or to have surplus capital available to "cover" yourself.
Re-Capitilisation = How do you cope with growth? How do you replace that machine you bought cash. You recapitlisation savings is used to insure that when old machines are reduntant you do not need to suddenly scramble for cash.
Entreprenerial Fee = The minimum entrepreneurial fee is the minimum amount required by the entrepreneur to keep himself going. Do not place your wanted income hear, but the minimum income required.

Now that you have a true break even margin you need to work out how you are going to get there. This is done by calculating your break even margin.The break-even margin is a ratio and this ratio shows the gross-margin factor for a break-even condition. The formula is also fairly simple. You take your total expenses and divide by net revenues and multiply this by 100 to get a percentage. This ratio is extremely helpful when setting your selling prices, in the tendering process and when negotiating contracts with vendors and accounts.

By understanding your business break-even point and the required break-even margin business owners can truly understand the impact of decisions. In purchasing, costs can be lowered by bulk purchasing, negotiating price/ terms or finding new suppliers. Revenues can be improved by increasing value to the customer or offering non-price concessions. It must at all times be remembered that increasing profits by simply increasing margins, therefore selling price, could be a very risky strategy. Unless the consumer perceives higher value from the product or service, the consumer may not be willing to pay these higher prices.

Outsourcing vs Labour Brokering

Especially in South Africa labour brokering is often confused with outsourcing and the biggest culprits in promoting this myth is the labour brokering industry itself. Now I would like to state very clearly that I am not against labour brokering and I am a firm believer that there is an important place for the industry in South Africa. That said I think it is prudent to ensure that the two very different industries are not confused.

Firstly, labour brokering is the provision of staff on an outsourced basis, whilst outsourcing is the fulfilling of a function within which a staffing solution may be provided. The methodology and profit generation of these industries is vastly different. Allow me to explain in slightly more detail.

A labour broker earns its revenue from employing and deploying as many staff members as possible. The profits are generated from invoicing their clients more than what they pay the employee. The biggest reason a company is willing to pay a premium for this service is the “passing-on” of risks associated with employing staff and in some cases the increased costs, if any, can be justified by the decreased administration requirement.

A true outsourcing company, on the other hand, generates its revenue from addressing the need of the company within a function at as low a cost as possible and charging the client a premium for that service. Usually at a lower rate than employing staff to fulfil that function. The focus of the outsourcing company is therefore not on their clients staffing requirement but rather on the function that needs to be fulfilled.

So in other words the outsourcing company generates its margin from increasing its efficiency and by leveraging the intellectual capital within the company. For example using better software and more expensive staff than what its clients could afford and sharing these resources with more than one client. On the other hand the labour broker generates its margin from its administrative abilities and from decreasing legal risk.

So which one should your company choose? Simple, it depends on your need. If you require a warm body and do not want litigation risk and the administrative head ache of employment, labour brokering is a viable option for you. If you on the other hand require a function within your company to be managed more effectively and at lower cost outsourcing should then be looked at.

In conclusion, both industries have an important place in the South African economy and address the needs of companies to reduce risk and potentially costs. That said they should not be confused or pit against each other.

Up and coming

My new website will be launching soon. Please watch this space for new information, I look forward to getting my 2010 underway and assisting you, my business friends, with advice, training and support where you would like that I can assist.

Please feel free to contact me if you require any additional information.

The pleasantries of the unpleasant

Owning and running your own business can sometimes be as much fun as a root canal and with the constant changes it feels like we are running to the dentist every second day asking him to please provide us with this liberating procedure over and over again.

From Eskom kindly giving us an electrical epidural in price hikes, exorbitant sin taxes making the basic pleasures, like smoking a cigarettes to avoid insanity, un affordable for most of us “other fellla’s”. One can be excused for thinking that most of us should rather spend our time in a hospital for the clinically insane. We are banging our heads against a brick wall anyway !
But let’s face it, once you had your own business you struggle to find an incentive (apart from the massive luxurious thing called a pay check) to go back to the 8-5 breaker of innovation.

But then every now and again a light appears, and then we understand the reason why we chose this insane life. For the couple of people that know me and have been privy to the last couple of months of corporate sabotage and obvious and blatant attempts to block my business and its sale. Will know that I was seriously considering the that en-suite room at the local clinic for the insane. More shockingly the rider on the white horse did not come in any expected form, but from a segment of the industry that I always regarded as my opponents. A trade union. Yes, you heard me correctly a trade union.

To close off, thank you to all that supported my during this last couple of months. Thanks to all that was considerate and understanding and even empathetic. Now we are going to enjoy the spoils of our labour and the reward for coping during this time.


P.S. – This may be personal but I thought it prudent to share.

Using the Small Claims Court

In many cases a lot of us feel like justice is far from reach. It feels like we have no recourse against poor workmanship, friends lending money and even in the case of micro business, defaulting creditors. To prove my point, how many times have you decided not to act on a claim of R 4000-00 or so because the lawyers costs more....?

Little of us know about the cheap, easy and simple process available to all South African citizens needing civil/financial recourse. This prince coming to save us from the evil micro bad guys is found in the form of the small claims court, and as stated it is available to all SA citizens.

So how does it work? Simple the small claims court allows smaller civil disputes to be resolved with out the expensive and slow process of taking normal civil action using the magistrates court. It operates outside of business hours and the "judge"is a practicing attorney. You do not need a lawyer, in fact they are not allowed! You do not need to speak legal! You do not need to file expensive papers in latin of "high" english. All you need is to contact your local small claims court, obtain the relevant notice drafts and wallah you and the person you have a dispute with can slug it out (man-2-man) in the small claims court where an attorney will give a judgement that is just as powerful as that of the magistrates court.

Who can use the small claims court? Any natural person with a claim smaller than R 7,000-00 (this amount is being reviewed) can approach the small claims court for relief.

What can a person sue for?. Any civil dispute, in other words any dispute that has a desired end result of financial relief. Broken equipment, bad workmanship, debt, outstanding invoices (only in the case of Sole Proprietors & Partnerships, no CC's or Companies).

Who cannot sue?. A juridictional entity is not allowed to seek relief from the small claims court. Again in more simple terms no CC's, companies or trusts. That said as an individual you can call your dispute to the small claims court against any legal entity.

What can I not sue for?. As a legal entity (CC, PTY or trust) you cannot approach the small claims court. You cannot approach the small claims court for financial relief higher than R 7,000 and you cannot send your lawyer on your behalf. The aim of the court is to resolve small disputes between individuals to insure justice is accessible to all.

What happens if my claim is more than R 7,000?. In the event that your claim is fractionally higher than the prescribed limit, as stated it us currently under review, you can choose to forfeit your right to the balance. As an example: If your past room mate leaves your house without paying his portion of the rent and the lovely fella also decided to take the washing machine causing you damages of R 8,350-00. You can approach the small claims court and choose to forfeit your right to the balance. If you therefor get a successfull verdict the judgement will only be for R 7,000-00.

Who do you approach to have a dispute settled by the small claims court?. Any good attorney or legal services company will be able to provide you with the contact details of the small claims court in your area. Do not use intermediaries or consultants, it is a total waste of money. However if you want consult with an attorney about the process and facts of your case.

Have a merry 2010

To all my friends and associates. I wish a fantastic 2010. May the winds of good fortune blow behind you with such vigour that your ears whislte.

Leading by Example

We all lose faith in our idols and they all disappoint us at some stage. Let’s look at world golfing sweetheart Tiger, who by latest count, is already 11 over par with extramarital affairs, Joost “powdering” his nose and a myriad of senior people drunk driving suburbia into a “non-walled” community. However I do think it is prudent that we look at ourselves. We literally gulp up gossip and so called failure of moral value stories but when a Government companies are crumbling left right and centre we just shrug and say something like “This is Africa”.

Julius Ceaser, was renowned and respected for the many battles he fought in the front lines, draped in his customary (very visible) red cloak. Many battles was perceived as lost till Julius arrived with a couple of men and turned the spirit of his soldiers and by that, the outcome of the battle. South Africa is currently fighting a battle against poverty, low moral fibre, despondency and a reputation of fraud and quick fix mentalities. In the forefront on this is the catastrophic board failures at the SABC, Transnet, Athletic SA and basically every state owned enterprise. Is this still the overflow of the Zuma/Mbeki power shift leaving us destitute and confused or is it just pure poor management and poor corporate governance. The more prudent question in fact should be when is our leaders going to put on a red cloak and turn public moral and allow us to win this battle.

Corporate Governance??? This is one of the new buzz words that is uttered over our airways, business corridors and board rooms. However can we see proper corporate governance within our institutions? The red cloak in this instance can be worn in the form as the newly published King III report and the simple application of it. With so many new boards being elected in and so many interim boards heading our transport infrastructure, judiciary, our television broadcasts and even our sports the implementation and application of proper corporate governance via King III should be simple mind set to entrench in these new boards. With the promulgation of the New Companies Act, which is due to come into effect in 2010, we as a general public should actually challenge the Government to take the proverbial tree out of their own eyes before investigating the small thorn in the private sectors eyes.

So to conclude. Make proper ethical, transparent and honest business the norm of government institutions. Make open communication with ALL stakeholders mandatory and stop hiding behind bureaucracy and eloquent language. Is it not the very government that made Plain Language a requirement under the National Credit Act, The Companies Act of 2009 and the Consumer Protection Act.

Having a will?

A Will is a simple, straightforward yet incredibly important document in your personal life. During 2009 seven friends passed on and only 3 had up to date wills. This has left the other four's families and friends destitute and struggling to understand how they should wind up the estate.

Most of us are hitting the roads from this week onwards, the sad reality is that this season has the highest road death ratio for the year and the reality that one of us may not return home after our holiday is very real. It is extremely reckless of all of us to believe that it will not happen to us, as this is what everyone of the "other people" in accidents also believed.

In conclusion, contact your financial advisor, attorney or accountant and get your will up to date. It will be the best Christmas present you can give your loved ones.

Plain Language

Plain Language is now a requirement under the National Credit Act, The Consumer Protection Act as well as the Companies Act of 2008. The only problem is that the definition, as contained in these acts, are in anything but plain language. Although writing a document in plain language sounds incredibly simple, it is however not that simple.

All South African Banks made a commitment to distribute their documents in plain language years ago, with a self imposed target for October 2000. Now not to venture a guess, but I dont get my correspondence in what I term as plain language. So why is it so difficult to write a document in plain language?

Well firstly lets look at the authors, and lets face facts most of them are legal professionals. From the first day at varsity they get taught to write all there documents in Legal English (a sepreate subject for your LLB). This is basically to teach students to write in "high" language and to create ambigious statements, allowing multiple interpretations. So is it our tertiary education system letting us down or is it the ego of our legal profession? I will leave that decision up to you.

That said the important thing that all of us must recognise is that Plain Language correspondence is no longer a mere virtue. It is a requirement in terms of 3 seperate pieces of legislation. This changes the ball game dramitacally within the corporate business world.

S0 I would like to humbly request the legal profession, tertiary eduction services and business owners to focus correspondence and training to write correspondece towards plain language. Paying a fine, having a contract rescinded or losing accreditation is just not worth looking clever in my mind.

Ignorance or Ignoring

King III, the good for proper corporate governance, was published on the 1st of September 2009 and the codes apply to all entities. This is very different to the old King I and King II reports that was only applicable to public or listed entities. The question I however want to ask today is whether the property syndication industry are working along these ethical guidelines.
I firmly believe that they are probably not. This, to me, is evident from the constitution and guidelines of the Public Property Syndication Association (PPSA) that does not mention compliance to any of these codes. Two of the syndication companies I have had dealings with namely Blue Everest Investments and City Capital (Capital Investments), both of which are now defunct never conformed to King I or King II and it did directly apply to them as public companies. Further the Financial Services Board (FSB) also does not mention it at all as one of the 1.8 licence requirements.

Now the next question we have to ask is why? Is it ignorance or just ignoring it. Is it because the cost of compliance is excessive? Well before you answer that question for yourself, let’s look at why compliance to these codes are, at least in my opinion, important.
The King reports are all about conducting an ethical and transparent business. It is about disclosing all the facts to all stakeholders, giving access to required information, it is about accountability of company directors, it is about thinking of others. The codes also places strong emphasis on independent directorship and active shareholder participation. In conclusion it is about playing open transparent cards and honest commentary to everyone involved and respected writers like Bruce Cameron and Deon Basson has been claiming that is the last thing that they are doing.

Now that you have some information to make up your own mind on why the property syndication industry may not be applying these codes let’s focus on being active in demanding the application of the codes. Financial Advisors, Regulators and the public in general should demand the application of King III in all syndicated companies and fractional ownership schemes so that we insure that it is not avoided by ignorance. This will then make it extremely clear which promoters is ignoring ethical, transparent and honest business practices.

If you want to find out more about King III, the New Companies Act or the Consumer Protection Act visit http://www.sinkorswim.co.za/ or contact john@sinkorswim.co.za

People, Planet & Profit

The new King III report puts a much larger emphasis on so called Triple Bottom Line reporting for businesses. Business is not just about making money anymore as it is about how you make the money and whether you take from the people and planet or give to the people and planet.

Obviously as King III applies to all entities it is placing a bigger burden on smaller business to also comply to these codes and therefore we are seeing a bit of resistance to King III. That said King III has an apply or explain approach and therefore I am off the opinion that this approach makes it accessible to most businesses. But what does apply or explain mean? This basically means that you need to apply your mind on how you can comply, do the best you can do to comply and explain why you can’t do more. So basically it is a soft and positive approach rather than the traditional comply or else like in the US system. With the recent global meltdown I am sure we can debate for hours on the success of the more aggressive approach taken by the US government in governance.

I do however believe we need to ask ourselves a more prudent question. Is it good business to comply to King III? Well let’s not debate the legal issues around it but the pure advantage that it will offer you, if any. I think the answer is a resounding YES. Most of us as directors spend 110% of our time working IN our businesses focussing on our functional role within the company and we don’t spent any time working ON our businesses focussing on strategic and long term visions. When complying and applying King III into your business you will force yourself to spent at least some time ON your business and just in that the advantage of compliance is massive.

In conclusion, every change brings opportunity and risk and compliance to King and THINKING about Poeple, Planet and Profit will give more opportunity to you to manage your business effectively. Non compliance only brings risk. So my opinion is: Lets apply King III.

To find out more about King III, the New Companies Act or the Consumer Protection Act please visit http://www.sinkorswim.co.za/