Compliance issues in business (Port Elizabeth, South Africa)

Compliance is a strange topic in many businesses. So often it is taken to be a reactive preventative requirement which is necessary expense or cost centre. This is the case in many cases because it is not unusual for many boards to be dominated by people with commercial degrees.
This in itself is not unique because as many would say business needs commercially trained people; which by necessity have one or two legal subjects in their training at varsity; so if everyone on the board or on the management team have similar qualifications, why does one need to bring a dedicated legal human resource on board?

It has always been my experience that the practise of law is very much like the profession of plumber; it is quite conceivable that someone can read a book on plumbing, go to a short course or maybe even watch a few YouTube videos on plumbing; but most experienced plumbers will be quick to tell you that unless you have actually done the actual job and all that that entails; can one truly say that one knows how to plumb.
In law it goes without saying that that litigation will in all likelihood remain the domain of external attorneys; but this very approach ignores the fact that lawyers have in most cases developed the ability to look at situations analytically, in many cases are extremely proactive and if combined with a commercial tendency; have the unique ability to bring a proactive approach to many aspects of businesses; which are traditionally approached reactively.
In addition; new regulations may seem to be restrictive; but in the very restriction lies the potential for taking a strategic advantage over the businesses competitors by exploiting opportunities afforded by the legislation; which has not been recognised by the competition.
It goes without saying that internal lawyers offer a unique opportunity for tactical advantages for businesses.

Why businesses should look at integrating legal

In South Africa, we tend to see the law as a reactive option and our closest we get is using law for compliance. The fact is that law is the rules the play book if you will. They say that most errors (to 90% says one study) that error is decision making are usually based on an error not of logic, but of perception.

Could this be why is SA lawyers are seen as a necessary evil or even worse a cost centre?
Let's not tackle this issue head on let's rather look at some things that lawyers are good at:

Thinking
A good lawyer is not only someone who can look at and interpret law and some say are masters of gray, but rather let's look at what a good lawyer's thinking skills should be:

1. Structured
2. Logical
3. Tactical
4. Proactive
5. Solutions driven
6. "Big Picture" or "Global" view

 Team orientated

1. Lawyers need to be able to work across multi-disciplinary teams with different personalities
2. Can move effortlessly between team member and leader
3. Knows the importance of many of the core principles behind project management
4. Understands conflict, can engage in it when tactical required or resolve it
5. Good people skills
6. Excellent communication skills
7. Can change roles quickly
8. Understands how to work within set parameters

Flexibility

1. Can be moved within the business to any position or project without too much disturbance
2. The dynamic nature of law means that lawyers are more comfortable than most with position changes 
3. Can easily be moved within reporting structures

Potential areas where the occupation of lawyer can help business

1. Obvious is legal interpretation and compliance
2. Handling legal problems and bringing in external legal assets when tactically and economically requires
3. Disciplinary issues and appearance on behalf of the business in legal forums
4. Naturally are risk conscience, so risk and its mitigation are a natural fit
5. Contract management
6. Procurement
7. Project management
8. Taking meetings
9. Organisation
10. Negotiation
11. The list goes on ....
12. Why are lawyers so capable, because as stated above they become masters of the rule book and from that everything else follows.

Other advantages:

1. Helps secure "first mover advantage" (this was shown in a Harvard Business School Study)
2. Reduced legal expenses
3. In high risk industries, having in-house legal on site dramatically increases the ability of the business to contain and mitigate risk
4. Lawyers bring a different view which can provide different insights into the business

There are many more advantages, but the items above and other will be dealt with in future posts. In South Africa securing the best possible legal minds for you business unit may be one of the best decisions that your business has made. Don't believe me, just step back from your present view and look at the potential and then put the cost into perspective. Its a good move to make.

Public Liability (Port Elizabeth)

It is vital to recognise the fact that even in Port Elizabeth, South Africa that things happen, things that may not have been intended, but none the less they happen - then what happens? People and businesses often under estimate the fact of what could arise in them incurring liability. This is not meant to engender fear - its a fact of life. Everything we do has a legal consequence - mostly they pass by unnoticed in the blur which is modern life - others impact upon us to a greater or a lesser extent.
In this post I will be looking at a few instances which affect private people and then in subsequent blogs we shall look at businesses.

If you own a dog, you may accept that you should avoid the dog biting a person who enters onto your property legally or that you should not allow you dog out. The fact is that dog bite cases are strict liability in South Africa. This means that should you dog bite another person you are liable as soon as it is proven that it is your dog - the only other concern for the Court will be the amount (quantum).
It is important that your insurance covers dog bites and of course under what circumstances they will pay. the fact is if you have a dog, please be careful.
I was asked the other day by a friend what about the situation where a property owner, being an avid gardener creates a garden on the municipal verge, what then. the fact is that your property ends at your property line, gardening on the municipal verge is in fact an encroachment on public property. the other consideration is the fact that the verge is their for people to be able to walk on the pavements without danger or fear of being impaled by a spiky plant etc I think you get the idea.
The realty is that South Africa's damages law is ever developing and the chances are that doing anything which may endanger another and cause them to suffer foreseeable damages will lead them to having a fair chance at suing you. In this case it will not be the plaintiff's attorney who is the bad guy, we should all be responsible and looking out for others, by ensuring that we do not not through our acts or omissions create conditions which are conducive to causing harm.

It may be good advice to look into the terms and conditions of your public liability cover and the cover that you have contracted for - a bit of diligence now can go a long way.

The key is to get professional advice - advice around a braai, beer in hand sounds great at the time - but you often get what you pay for.