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In this episode of The Value of Knowing, host Alison Mellon, a seasoned banking and finance lawyer, is joined by two distinguished guests: Allen Leuta, Head of Banking and Finance and Co-head of Infrastructure at Bowmans, and Shamilah Grimwood, a partner in the firm’s Banking and Finance Department. They explore key energy trends and legislative reforms impacting the energy sector across Sub-Saharan Africa. The discussion covers the current state of the energy sector, historical challenges, emerging opportunities, and significant legislative initiatives driving growth. The episode also highlights specific countries poised for progress and the implications of global climate goals on the region’s energy development. This comprehensive analysis of energy trends and opportunities across Sub-Saharan Africa is not to be missed. Download the Bowmans Energy Report
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In this episode, Bowmans’ partner Chris Todd continues his discussion with Bowmans’ senior consultant Graham Damant, this time focusing on the obligations and duties of boards in South Africa in relation to CEOs. They delve into how a board should respond to allegations of misconduct by a CEO, including considerations on whether it is appropriate to suspend the CEO. They also discuss the board's obligation to address misconduct committed by the CEO, outlining the appropriate process to be followed and the steps to be taken. Additionally, they cover the board's responsibility to assess the performance of the CEO and take remedial steps for poor performance, which may include termination of employment. Lastly, they explore the board’s duties and the factors that should be considered when concluding a mutual separation agreement with a CEO or senior executive.
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Saknas det avsnitt?
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The duties of directors in South Africa’s increasingly regulated environment are onerous. In this episode, Bowmans’ partner Chris Todd and senior consultant Graham Damant discuss what boards need to know about employment, employment law, and employee benefits to meet their fiduciary duties and avoid liability. They explore the critical areas that directors must be aware of regarding employment law and regulations. Additionally, they delve into the board’s obligation to set the direction for ethical standards, including defining what constitutes the ethical direction of the company, what policies support this, appropriate delegations of authority, and monitoring compliance. The discussion also covers the board's responsibility to appoint a CEO, focusing on appropriate contractual terms and specific provisions that should be considered, along with the delegation of authority to the CEO and the issue of role clarity. Furthermore, they examine the board's duty to determine the direction of remuneration and approve a remuneration policy. Finally, they address what directors need to do when things go wrong.
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Businesses across Africa are facing several economic challenges, including high unemployment rates, slow economic growth, fiscal constraints, and structural issues. As a result of the ever-increasing level of corporate distress and uncertainty, business owners and lenders are curious to see what the new year will have in store for them. In this episode, well-known South African journalist and radio presenter, Michael Avery, hosts a discussion with a range of business rescue, restructuring, and insolvency specialists, including Jo Mitchell-Marais, Southern Africa turnaround and restructuring leader at Deloitte; Stefan Smyth, managing director of the Restructuring Advisory Practice at Kroll; Juliette de Hutton, co-head of Restructuring at Bowmans based in Cape Town; Joyce Mbui, Bowmans’ partner based in Nairobi; and Tobie Jordaan, Bowmans’ partner based in Johannesburg.