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PUBLIC ENTERPRISES
PROGRAMME 3: LEGAL, GOVERNANCE,
RISK & TRANSACTIONS
2008-2011 STRATEGIC PLAN AND
FINANCIAL OVERVIEW
27-29 FEBRUARY 2008
2Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Legal
Debt Recovery Tracing debtor Letter of demand
Obtain acknowledgment of debt and undertaking to pay
Determine debtor’s ability to pay and property to be attached, if necessary
Instructions to State Attorneys to issue summons
Obtain judgment if the debt is not paid
Ongoing Ongoing Memo Successful debt recovery
Litigation Claim for R 2.2 Billion by Umthunzi against government and Transnet - Defending matter in court during trial
Alexkor: Defending Nabeira legal action
• Awaiting Trial date
• 2 Days
• Depends on trial date
• 1 April 2008
Successful Defence or Settlement
Winding up of entities Diabo Trust: Appoint service provider to wind up Diabo Trust , trace beneficiaries and distribute assets to beneficiaries and transfer remaining assets to Government
Aventura: Defend legal action by Mikanto; Transfer Aventura sale assets to purchaser; Service provider commence with the winding up process
• 24 months from commencement date
• 12 months from date of transfer of all resorts
August 2008 Briefing Memo
Successful winding up
3Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL (CONTD.)
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Legal
Denel end-state 1st meeting of task team where Denel will present businesses at risk
Team to work on solutions
Second meeting Presentation to Ministers Cab memo Restructuring Funding submission
14 Feb 2008 28 Feb 2008 10 March 08 17 March 08 31 March 08 2008/09 August 2009
31 March 08 Cabinet Memo
NCACC Bill Report by service providerWrite-up enhancements to the Bill
28 Feb 0831 March 08
15 April 08 Bill
Assist with establishing DERI Convene inter-departmental team
Write up of principles Write-up of Bill Assistance with
Governance Facilitate transfer of OTB
to DERI
15 Feb 08 28 Feb 08 31 March 08 On-going 31 March 09
15 April 08 BillDERI established
4Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL (CONTD.)
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
PBMR Prepare, draft and finalise subscription of shares by new shareholders (MHI)
Review and negotiate and finalise shareholders and/or subscription agreement
2 weeks from finalization of agreement
Signed and concluded shareholders and/or subscription agreements
SAAT Execution of introduction of strategic equity partner
Prepare, draft, negotiate and conclude transaction documents
Successfully concluded transaction documents
Transnet Compliance with National Ports Act, 2005
Legal support in execution of Coega PSP
Appoint legal service provider to review and advise on DOT Port Regulations
Provide legal assistance to DPE Transport team in executing Coega PSP
5Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL (CONTD.)
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
AD-HOC
Referrals from Minister and DG
Drafting of briefing and letter On-going Agreed dates Decision or briefing memo as required
Parliamentary questions
Draft/review response 2 days: oral5 days: written
Agreed dates Answer to parliamentary question
Review of Cab Memos Research topicWrite-up memo
1 week Agreed dates Decision or briefing memo, as required
Articles Article on economic/key issues 2 weeks 1 per annum Article
6Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCE
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Governance
Board appointments
Identify skills demand profile per SOE
Vetting of Directors,ie CIPRO
Identify Board members through consultation with DPE-SOE Teams, Board Nominations Committees and Minister
Obtain Minister’s preliminary approval via relevant DDGs, CIPM,& D-G
2 Months 1 week after obtaining Minister’s preliminary approval
Balance in terms of
gender, race, skills
Etc
Ministerial approval
Cabinet approval
Confirm acceptance
of appointment by
relevant Board members.
Review Board remuneration
Review Board remuneration
upon SOE request
Internal DPE consultation with relevant SOE team
Evaluate against DPE remuneration guidelines.
Evaluate against Board Evaluation Report .
Advise Minister via relevant DDGs, CIPM,& D-G
1 Week. 1 Week after receipt of request
Board remunerated in accordance with guidelines, competencies and SOE profile.
7Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCE (CONTD.)
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Governance
Board performance evaluations
Analysis of SOE Board Performance Evaluation Report
Analysis and comment on Board
performance in consultation with SOE
Teams
Monitoring submission of Board performance evaluations report, by SOE
Briefing to Minister via relevant DDGs, CIPM,& D-G
2 weeks Two week after receipt of Board performance evaluation report from SOE
Annual Performance evaluation by Board as per best practice and pre-set KPI’s.
Completed analysis of Board evaluation report by SOE teams Board members.
Annual General Meeting
Annual General
Meetings (Annual
Reports, Annual
Financial
Statements, AGM
Agenda &
Resolutions
Letter by Minister to the Chairperson
requesting additional agenda items
Monitor legislative compliance
Incorporate analysis by relevant SOE
Teams
Brief to Minister regarding the Annual
Report, Annual Financial Statements,
Resolutions, Shareholder Rights,
duties and responsibilities, SOE
performance as per Board evaluation
and agreed shareholder’s compact as
well as other
2 months before AGM
11 – 15
Days
Before
AGM
(Part
Of Team
Submission)
2 months before the AGM
Submission of additional
agenda items to SOE
Timeous, comprehensive
analysis of Annual
Report, AFS, Agenda &
Resolutions in
consultation with SOE
and submission to
Minister via relevant
DDGs, CIPM,& D-G .
Attendance of AGM
8Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCEL
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Governance
Annual General Meeting (cont)
Governance specific comments and concerns (e.g. other Directorships, directors’ interests, etc) via relevant DDGs, CIPM,& D-G attendance of AGM
9Strictly confidential
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Governance
SOE Governance Review
Formal request to SOE regarding completion of the Governance Audit Template
Letter from the Minister to SOE completion of Governance Audit Template
Receipt and forwarding of reports to relevant SOE teams and co-ordination thereof
Analysis and coordination of comments from relevant SOE teams
Incorporate analysis by relevant SOE Teams
Brief to Minister regarding the outcomes of analysis and findings .
2 months before AGM.
2 months before AGM
Letter to SOE re completion of Governance Audit template
Submission of briefing memo and letter to Minister
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCE
10Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCE
Sub-Programme Activity / Project Critical Path Activities Time Required Due Date Output
Governance
Shareholder Compact
Develop, Co-ordinate and Review Shareholder’s Compacts
Prepare draft Shareholder’s
Compacts based on SOE corporate plan in consultation with SOE Teams
Submission of draft Shareholder’s Compacts to SOE
Preliminary discussion of draft Shareholder’s Compacts between SOE& DPE management teams
Submission of final draft Shareholder’s Compacts to SOE undercover of a letter from DG /
CIPM
Final discussion of Shareholder’s Compacts between Minister and SOE Chairperson (where necessary)
Sign-off of Shareholder’s Compacts
2 months subject to SOE-DPE negotiations
1 Month before the AGM
Developed Draft Shareholder’s Compacts Submitted draft Shareholder’s Compacts to SOE Negotiations between
DPE and SOE Management
Submission of final draft Shareholder’s Compacts to Minister
Signed Shareholder’s Compacts
11Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: GOVERNANCE
Sub-Programme Activity / Project Critical Path Activities Time Required
Due Date Output
Governance
Corporate plan Check compliance with the PFMA
Input Governance comments into SOE Teams briefing memo to Minister
Letter to SOE reminding them of timeous submission of corporate plan
Manage SOE requests for late submissions
Timeous submission of Governance
inputs
1 month (subject to receipt of SOE inputs)
1 month after receipt from SOE (usually 28 February of each year)
Reminder to SOE re submission of corporate plan
Letter to Minister of
Finance indicating MPE
support or otherwise for
the request
Submitted inputs to DPE SOE team
12Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: RISK MANAGEMENT
Activity / Project Critical Path Activities Time Required Due Date Output
Routine Activities
Input into the review of the annual shareholder compact
1. Receive the draft compact
2. Review the draft compact
3. Prepare inputs
1 week September 2008 Inputs to the shareholder compact document
Input into the review of the Corporate Plans
1. Receive the corporate plan
2. Review the plan
3. Interact with the SOE team
4. Prepare inputs
1 week April 2008 Inputs to corporate plan memorandum
A memo on shareholder level SOE risks for all SOE.
Input into the review of the quarterly reports
1. Receive the SOE quarterly reports
2. Review the report
3. Interact with the SOE team
3. Prepare inputs
1 week Quarterly Inputs to the quarterly report memos.
A memo on updated shareholder level SOE risks for all SOE.
13Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Activity / Project Critical Path Activities Time Required Due Date Output
Routine activities
Input into the review of the monthly reports
1. Receive the SOE monthly reports
2. Review the report
3. Interact with the SOE team
4. Prepare inputs
1 week Monthly Inputs to the monthly report memos.
Input into the annual Risk Report
1. Systemic risk across all SOE
2. Risk assessment of the key risks for the shareholder in respect of SOE
1 Month 1 month before the AGM
Inputs into the AGM memo
Process applications in terms of Section 54(2) of the PFMA.
1. Receive an application
2. Interact with the SOE team
3. Co-ordinate inputs by SOE team, governance and legal units.
4. Prepare a decision memo
Within 30 days of receipt of the application.
Ongoing Appropriate advice and recommendations to Minister on application
14Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Activity / Project Critical Path Activities Time Required Due Date Output
Routine work
Monitor the implementation of approvals in terms of section 54(2) of the PFMA
1.Prepare a quarterly report on all PFMA approvals granted by Minister including property disposal
1 week Quarterly Briefing memo setting out progress and status of implementation of transactions approved by the Minister.
Maintain the Risk Forum
1. Prepare annual schedule of quarterly
Meetings
Quarterly Ongoing Efficient and effective quarterly meetings
Report and monitor the shareholder level risks
1. Determine level 1 risks for each SOE and cross-cutting risks across SOE.
2. Prepare a briefing memo to DG and Minister.
3 weeks Ongoing A memo setting out the Shareholder level risks
DPE Board Presentations
Prepare report for Board Presentation Ongoing 1 week before the Board meeting
A report on risk related issues for tabling in the Board meeting
15Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Activity / Project Critical Path Activities Time Required Due Date Output
Special Projects
Procure and implement a risk management software tool
1. Develop the terms of reference
2. Advertise in appropriate media
3. Evaluation of bidders
4. Appointment of successful bidder5. Implement the software tool
3 months December 2008 Risk management software tool
Develop ERM value add metrics and maturity model
1.Develop assessment criteria for each ERM nominal theme
2. Refine the maturity levels
3. Assess risk management maturity level in each SOE
3 Months June 2008 Enterprise Risk Management maturity assessment tool
16Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Activity / Project Critical Path Activities Time Required Due Date Output
Special Projects
Benchmark the SOE Risk Management practices within respective industries. (In 2008 benchmark Eskom’s and SAA’s risk management practices)
1.Undertake research on the “best risk management practices” pertaining to the industry
2.Identify study participants _ best companies in risk management within the industry (Aviation and Electricity)
3.Undertake site visits to the best companies
4.Compile a report on the findings and areas of improvement (if any) for the SOE
5.Submit report to the Minister in a memo format
6.Engage SOE on improvement areas where required
2 months per SOE September 2008
Report on the benchmarking SOE risk management processes
17Strictly confidential
KEY ACTIVITIES FOR THE YEAR SUB-PROGRAMME: LEGAL
Activity / Project Critical Path Activities Time Required Due Date Output
Special projects
Risk Forum “Focused Projects in 2008/09)
2010 Initiatives
Specialist solutions
(Contract and Contract
Risk Management Guidelines)
1.Identify projects based on common problem areas amongst the SOE.
2.Constitute a Project Team
3.Develop and implement the project
4.Develop the guidelines.
5.Monitor the implementations of the guidelines in the SOE
3 months per project As per project plan
A Guideline setting out “best practice” in dealing with a specific common problem area amongst SOE.
THANK YOU