Newsletters & Blogs


2009-09-17
It is the END OF THE WORLD AS WE KNOW IT!!!


In the words of REM – “it is the end of the world as we know it”

The question to ask yourself is – “will you be fine” (as the song declares)?

The operating environment for businesses is becoming increasingly complex and challenging – literally the more we research and investigate the huge range of issues - and not even just legislative issues which is tending to be the focus of the SINK or SWIM Cutting Edge Seminars at present - the more we are convinced that an entirely new knowledge and skill set is becoming imperative for directors and business decision makers.

You need to seriously (and relatively quickly) come to terms with the fact that the business landscape is fundamentally changing “under your feet”. There is almost no part of business that is not being impacted directly or indirectly by the increasing pace of legislative and regulatory changes that have recently been or are currently being promulgated.

Don’t get us wrong – we do believe that many of these changes are very positive changes for all of us;

-          Who doesn’t want their rights as consumers to be protected?

-          Who doesn’t want to be protected from the monopolised price control that has strangled many a new business – and ripped of consumers?

-          Who doesn’t want to be free from some of some of the the bureaucratic complexity that has entangled business (and is one of the key reasons why there are relatively few good corporate lawyers around)?

Yet while a vast number of these changes will lead, in time, to a more positive and certainly progressive business operating environment –the opportunities hold within them many hidden challenges.

Delegates who have attended the SINK or SWIM: New Companies Act (is it still safe to be a company director?) Seminar – one of our Series of Cutting Edge Seminars that address Business Critical Issues that are changing the face of business - have welcomed the opportunity to be proactively informed of some of the critical changes in the Corporate Legal landscape. Our aim is to provide a “broadstrokes” overview of the New Companies Act - touching on crucial issues like, Corporate Governance, Transparency and Accountability, Business Decision Making, Management of Stakeholder Relationships – as well as providing some handles on what directors and decision makers can do now to start prepare for these changes.

The life of a company director is not going to be the same again!

A response we sometimes get when promoting the SINK or SWIM New Companies Act (Is it still safe to be a company director?) Seminar is “I am not concerned because my lawyer or auditor will sort things out for me.” Having had a number of lawyers and accountants attend the Seminar we are increasingly convinced that the changes introduced (by the New Companies Act, The Consumer Protection Act, the amendments to the Competitions Act, the more rigorous enforcement of the Employment Equity principles along with new legislation that is very close to be passed such as the Protection of Private Information Bill etc) and in particular the more focussed liability implications for directors (which cannot be “outsourced”) are so far reaching and in many cases beyond the scope of many legal and accounting practices that it is essential for directors and decision makers to actively find out as much about these changes as possible since they can be held liable for the consequences of bad decision making and the (often used) excuse of “I didn’t know” will simply not stand up under scrutiny – and it can and will be scrutinised into the future.

We at SINK or SWIM Cutting Edge Seminars are passionate about researching and presenting the broadest possible implications of these changes for you and your business – a key question we look to answer, and help you answer is  - “how will this affect me and my business?” We have identified a critical need for both awareness and education – we believe that by making business leadership aware of the impact and implications of the changing business landscape many will be able to research and discover their own way forward, others will actively seek assistance to help them grapple with the challenges that lie ahead.

In a nutshell “NO-ONE CAN IGNORE THESE CHANGES” (I know in CAPS this is seen as shouting but this is simply what we know to be true (and are passionate about addressing), unfortunately too many business leaders are ignoring the tsunami that is approaching.

The question for you is “will I ignore what lies ahead, or will I prepare myself?”

For those who wish to be better prepared for what the future holds (and we are not talking about the distant future) we would encourage you to request more information about the SINK or SWIM Cutting Edge Seminars where we address business critical issues changing the face of business as we know it including;

-          The New Companies Act

-          The Consumer Protection Act

-          King III Code of Governance for South Africa

-          Corporate Governance

-          Good Corporate Citizenship

-          Stakeholder Relationships

-          Competitions Act

-          Protection of Private Information Bill (soon to be enacted)

Look through the website to find out more about who has attended the SINK or SWIM Seminars and what feedback they have provided – contact us to ask for more information.

Roger Hitchcock