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ENTERPRISE

VOLUME 4 N 1 FEBRUARY 2010

MEDIA

PREVENT, MITIGATE, INSURE

Product recall
insurance

Specialised RM
disciplines

IRF president
INSURANCE
INDUSTRY INSIGHT
2010 challenges
IN
N THEE
HOT SEAT
CASE STUDY: Alan Hutcheson CEO of Tracker gives an insight into how the
companys disaster recovery plan was put to the test
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I N S I D E FEBRUARY 10

Cover concept and design: Frdrick Danton


EMPLOYEE BENEFITS
25 Disabled employees. Reasonable accommodation in the
workplace. By Anton Engelbrecht
26 Retirement RA season. Lump sum RA contributions
for tax benefits
30 EB in an economic downturn. The risk of not having
employee benefits. By Taryn Marcus

RISK MANAGEMENT
31 Specialised risk management disciplines. Integrating
specialised risks in ERM. By Vanessa Payne
HOT SEAT
4 Tracker fire a case study EXECUTIVE SECTION
34 SAICA Annual Financial Services Conference
GENERAL INSURANCE
10 Brokers corner. Preparing to document the ASSOCIATION PAGES
RM plan. By Johann Maree
36 IRF Taking the retirement industry into the future
12 Industry insight. Succeeding in a drastically
37 FIA welcomes new CEO
transformed insurance sector

SHORT TERM MARKET NEWS


14 Industry insight. 2010 challenges and 40 Green buildings. Re-energising tired assets to reduce
opportunities operating costs
20 Product recall. Beware the CPA. By Keith 40 Sixth annual Top Women Empowerment Awards
Marshall

LONG TERM REGULARS & EXECUTIVE SECTION


22 Industry insight. Lessons from the past, 3 Editors note
priorities for the future 38 Subscribe
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JOHANNESBURG PRETORIA CAPE TOWN PORT ELIZABETH DURBAN NELSPRUIT PIETERMARITZBURG EAST LONDON
Tel: +27 11 551 8000/1 Tel: +27 12 424 8760 Tel: +27 21 526 1600 Tel: +27 41 373 0696 Tel: +27 31 366 0500 Tel: +27 13 756 9540 Tel: +27 33 342 8952 Tel: +27 43 726 0784

Chartis South Africa Limited is a Licensed Financial Services Provider FSP No. 15805 Reg. No. 1962/003192/06
ENTERPRISE RISK Feb 10 EDITORS NOTE

ENTERPRISE

2010 Challenges PUBLISHER Elizabeth Shorten


EDITOR Debbie Besseling
ASSISTANT EDITOR Monique Terrazas

and opportunities CREATIVE DIRECTOR Frdrick Danton


CONTRIBUTORS Johann Maree, Keith Marshall, Anton
Engelbrecht, Taryn Marcus, Vanessa Payne

The hot seat of this issue of En- one word that just about every leader men-
CHIEF SUB-EDITOR Milton Webber
MARKETING MANAGER Jackie Slavin
terprise Risk deals with a fascinating real tioned as being a key priority is customer.
time case study entitled Rising from the As a result, the levels of customer service PRODUCTION MANAGER Felicity Moon
ashes. During the early hours of Saturday will rise even further. PRODUCTION ASSISTANT Constance de Sousa
17 January 2009, the Tracker head office in In the last quarter of 2009, I took over the FINANCIAL MANAGER Andrew Lobban (ACIS, FCIBM)
Darrenwood, Johannesburg was gutted by editorship of Enterprise Risk when Sandra
ADMINISTRATION Tonya Hebenton
a fire that ripped through the building. Ac- Jordaan left. This was intended to be for
cording to Andre Ackerman, Trackers CFO, the period while a replacement was being SUBSCRIPTION SALES Cindy Cloete
the disaster recovery plan (DRP) was ex- found. I am pleased to let you know that DISTRIBUTION COORDINATOR Asha Pursotham
ecuted with military precision, enabling the we have now appointed an editor for En- PRINTERS United Litho Johannesburg
company to carry on with their business of terprise Risk. Bronwyn Barnard, who cur-
recovering vehicles. They took their first call rently edits Emergency Services SA and
just five hours after the disaster. The entire Occupational Risk for 3S Media, will be ADVERTISING SALES
administrative staff was fully operational at taking over from me with effect from the Stacey Glad Tel: +27 (0)11 258 6200
an off-site location by Monday morning. next issue, with Monique Terrazas continu- Cell: +27 (0)83 567 0073
The case study looks at the vital role that ing as assistant editor. I wish the team all Fax: +27 (0)11 231 7274/5
each of the parties played in the implemen- the best for taking this growing magazine E-mail: stacey@3smedia.co.za
tation of the plan. The client was Tracker, to even greater heights in this remarkable
the disaster recovery site and service pro- year of 2010. I would also like to thank the ANNUAL SUBSCRIPTION: R300.00
vider was IBM, the insurance broker was industry for their support. cindy@3smedia.co.za
Alexander Forbes Risk Management Serv- ISSN 1993-8217
ices, the insurer was Mutual & Federal and Copyright. All rights reserved.
the loss adjuster was Cunningham Lindsey
South Africa. The damage was estimated at All articles in Enterprise Risk are copyright protected and may not
be reproduced either in whole or in part without the prior written
ENTERPRISE RISK DEALS WITH A permission of the publisher. The views of contributors do not
necessarily reflect those of Enterprise Risk or the publisher.
FASCINATING REAL TIME CASE STUDY
ENTITLED RISING FROM THE ASHES
some R40 million, but the DRP ensured that PUBLISHER MEDIA 4, 5th Avenue, Rivonia, 2191
not even a fire could prevent Tracker cus- PO Box 92026, Norwood 2117 Tel: +27 (0)11 258 6200
tomers and staff from taking back tomor-
Fax: +27 (0)11 234 7274/5
row. A story well worth reading.
Enterprise Risk starts the year 2010 with E-mail: debbie@3smedia.co.za www.3smedia.co.za

CGF
two industry-insight articles that give the
views and opinions of the leaders in the
short- and long-term sectors. Each focuses STRATEGIC PARTNER RESEARCH INSTITUTE
(PTY) LTD
on the lessons learned from 2009, and the
challenges and opportunities that lie ahead
for the upcoming year. While 2009 was most
certainly a difficult time for the industry,
there are undoubtedly many opportunities
for those willing to take the initiative. The Editor

3
HOT SEAT ENTERPRISE RISK Feb 10

TRACKER FIRE A CASE STUDY

Rising from the ashes


The chain of events following the fire that raged at Trackers building
early last year proved sobering and provided fascinating insight into
the dynamics of executing such a plan.

In the early hours of a into one of the proudest moments in On the following pages, we look at
Saturday morning last year, the Track- Trackers history. how the disaster recovery (DR) plan
er building was engulfed in flames, THE ROLE PLAYERS was implemented by considering the
causing an estimated R40 million in roles of the various players, what
The client Tracker
damages to the first floor of the build- they did right and the lessons that
ing. Fortunately, no one was injured The DR site and IBM can be learnt from this exceptional
service provider
and a comprehensive disaster recov- experience.
ery plan was in place. A combination The insurance broker Alexander Forbes risk The exceptional teamwork and pro-
management services
of Trackers disaster recovery plan, fessionalism of all the relevant role
The insurer Mutual & Federal
and its partnerships with the relevant players have been identified by all in-
role players, ensured that what could The loss adjuster Cunningham Lindsey volved as one of the key success fac-
South Africa
have been a business disaster turned tors in implementing the DR plan.

Disaster recovery in action


The implementation of Trackers DR plan was impressive, turning a
potential business crisis into a proud moment for the company.

Following a devastating fire at


their building in the early hours of a Sat-
urday morning early last year, Trackers im-
plementation of a well-planned and thor-
oughly tested disaster recovery (DR) plan
was nothing short of impressive: critical
services were recovered within three hours
and the execution of the total recovery plan
was completed within six days.
Of course, behind the scenes lay months
of preparation, testing and capital expendi-
ture spend to ensure not even a fire could
prevent Tracker customers and staff from
taking back tomorrow.

THE DISASTER RECOVERY PLAN


Business continuity is the number-one risk
on Trackers risk register, says Alan Hutch-
eson, CEO of Tracker. The first business the discipline of continuously updating the Aftermath of the fire that ravaged the
continuity plan was devised by an external business continuity plan. Tracker building in 2009
consultant as far back as 2004, and this plan assume that a disaster will not happen. Sce-
received a major overhaul in 2007. At the PLANNING nario planning is crucial. But perhaps what
time, a new DR contract was entered into Hutcheson notes that several factors con- is most important is that business continu-
with IBM and the DR location was moved. tribute to successful planning of DR. You ity is taken seriously. The company must be
Following this overhaul, we maintained have to know your business, and never willing to invest time and money to facilitate

4
ENTERPRISE RISK Feb 10
HOT SEAT

KEY ELEMENTS OF SUCCESSFUL DR transport. The cost of a DR infrastructure, as The first step was to issue a holding state-
Hutcheson identifies the following key well as additional costs such as insurance, ment, conveying the following key mes-
elements in a successful DR: must also be considered. The assistance of sages:
Planning a service provider with the right know-how Only the top floor of one of Trackers ad-
business continuity plan and facilities are invaluable to ensure the min buildings was affected.
documenting the plan right decisions are made, and for this rea- A comprehensive Disaster Recovery Plan
choosing the right DR location and son Tracker partnered with IBM. is in place.
supplier
Tracker was still able to track and recover
Implementation
Testing
IMPLEMENTATION AND TESTING vehicles.
Execution You cant have a plan on paper only, There was no suspicion of a crime syndi-
says Hutcheson. Long before we needed cate attack.
thorough planning and a DR plan owner our business continuity plan, we had im- Nobody was hurt.
within top management must be tasked to plemented crucial aspects thereof, for ex-
ensure that senior people are putting in the ample, signing the DR site contract, pre-
time and effort required. Critical processes paring the DR site and putting the right
and IT systems must be identified, and the communication infrastructure in place, in-
technology layout of the business must be cluding updating staff contact details on a
documented in such a way that non-IT peo- monthly basis.
ple can also understand it. The plan should Successful testing was done in critical
always cater for more, rather than less. It
must also be remembered that small things
do matter, for example in this case, recover-
IF YOUR FULL BUSINESS CONTINUITY PLAN IS NOT
ing our staffs personal belongings as soon DOCUMENTED, YOU BETTER AVOID THE DISASTER
as possible.
Documenting the plan in full is another areas. If possible, do a full test. Do not as- Effectively, it was business as usual.
key element identified Hutcheson. If your sume that aspects of the DR plan do not Once the company had established a firm
full business continuity plan is not docu- require testing. Develop testing plans and handle on the crisis, a proactive media re-
mented, you better avoid the disaster. In record the results. Implement changes from lease highlighting all the positive aspects
this specific instance, because there were what you learn in the testing. of the fire was disseminated. Constant con-
no casualties of key staff, we did not have tact was maintained with key media to en-
to implement the full plan. We had experi- EXECUTION sure that the facts accurately reported.
enced executives who had prepared the DR Execution requires military precision, says A general script was prepared for custom-
plans to execute them. Hutcheson. The DR director must take ers and other stakeholders, and the control
Choosing the right DR location and sup- charge, maintain discipline and not allow room staff were briefed to handle queries.
plier is part of the planning process. Crucial panic. Crucial to the execution is the right Key stakeholders and board members were
factors to consider include the proximity of person for the job, concise decision-making notified and a statement was posted on the
the DR site to the main business location and a skilled secretary who can document Tracker website. An emergency Tim from
in terms of the risk versus the cost for both all meetings and immediately distribute the Tracker recording session was scheduled.
natural and unnatural disasters, difference minutes with detailed action plans. Senior Online social media and blog sites were
in power and communication grids, as well staff need to be involved but only members monitored and addressed. An advertorial
as operational practicalities such as staff of the crisis management team should be
present at the meetings. It is also crucial as
CRITICAL FACTORS FOR A
top management trusts the appointed team,
SUCCESSFUL DR PLAN and while holding people accountable, al-
A strong and capable DR team to take control
lows reasonable freedom with regard to
of the situation.
decision-making.
Senior staff should be allowed to make
decisions pertaining to their areas. In terms of technology, the relationships
Main focuses: with vendors, customer-partners, data and
critical operations up and running ASAP telecommunication partners are critical. The
vigorously defend the brand perceived rats and mice systems are im-
communicate with customers/partners portant and companies should also consider
be sensitive and supportive to staff alternate technologies to make a change
thorough understanding of IT and over easier.
Ops systems.
Strong vendor relationships.
Loyal and committed staff acting
PROTECTING THE BRAND
as ambassadors. A comprehensive communication plan tar-
Dont underestimate the softer issues. geting the media, customers and stakehold-
Remain positive and maintain a sense ers, as well as staff members, was immedi-
of humour. ately implemented to protect the brand.
Provide continuous food and refreshments to
the DR team and those helping out. Alan Hutcheson, CEO, Tracker

5
HOT SEAT ENTERPRISE RISK Feb 10

was placed in several key newspapers within branded DR site. Coloured Tracker shirts im- building, a loss that in most other instanc-
a day to put stakeholders minds at ease. proved coordination and stationery packs es would have crippled a business, turned
To avoid rumours and panic, positive were handed out. Hot snacks and drinks into a triumph for Tracker. Perhaps more
e-mails and SMSs were sent to all staff were served and music played to lift morale. importantly, the brand suffered no dam-
members within hours of the blaze, followed All teams were fully briefed by their manag- age because of a superbly executed
by details concerning their return to work. ers, before entering the state-of-the-art DR communications strategy.
Senior managers were briefed by trauma site and logging onto all the normal Tracker Tracker staff, instead of being flustered
counsellors to deal with their staff. To keep systems. A voice, fax and e-mail script was and disorganised, experienced some of their
inquisitive staff away from the scene of the prepared for all staff to help field queries on proudest moments as they witnessed the
fire, a variety of photographs of the burnt the blaze. professionalism with which the recovery
building were posted on the intranet site. was executed, a fact confirmed by the many
On the Monday morning, staff were greeted TRIUMPH FOR TRACKER proud and congratulatory messages on the
by a welcoming committee to an extensively R40 million of damages to the Tracker Tracker website.

IBM The DR site and service provider


Business continuity and resiliency
A crucial element of a DR plan is ensuring business continuity and
resiliency. This was highlighted in this case study.

Following the fire at their THE RIGHT BUSINESS RESILIENCY STRATEGY


building during the early hours of a Sat- Business resiliency can provide near-term cost efficiencies as well as strong, long-term ROI.
urday morning, the Tracker team ran their Mitigate risk Avoid the costs of downtime, brand damage and market share lost to competitors,
operations from the IBM BCRS site for and reduce the financial impact from business disruptions.
60 days, requiring in excess of 500 seats. Protect brand and revenue Properly assessing the threats to your IT infrastructure, their potential
The Tracker operations were relocated business impact and your tolerance for risk can help you plan a realistic strategy.
Protect capital Analysing cost trade-offs can help you avoid unnecessary investment.
within hours of the fire and as a result of
Reduce costs Resiliency solutions can help protect you from failed restores and lost data.
the exceptional planning and profession-
Improve service You can align resilient infrastructure to the needs of your business to maintain
alism of all the parties involved, it was service-level agreements based on your tolerance for risk.
business as usual even before news of the
fire broke. facility even before the fire fighters had left factors implemented by IBM were again
Cynthia Crose, vice-president, integrated the scene, and by 10am the technical team highlighted as crucial to a successful busi-
technology services at IBM sub-Saharan had started rolling out the call centre, and ness continuity plan, adds Crose. Firstly,
Africa, explains just how quickly the re- the emergency control room was relocated the business continuity processes need to
covery plan was implemented. The IBM to the IBM BCRS site. By 11am, car track- be flexible, while adhering to IBM govern-
BCRS team was summoned to the recovery ing was up and running again, and by 2pm, ance guidelines. Secondly, test, test and
the call centre seats for Trackers staff were test to ensure the team not only knows,
ready and office seats were being rolled out but also owns the clients disaster recov-
and delivered. By 5am on Monday morn- ery plan. Thirdly, the value of having in-
ing, an IBM team, along with Trackers cri- frastructure 100% ready at all times was
sis management team, were on site ready to also underscored again. And lastly, we
welcome Trackers staff and assist them in were reminded never to underestimate the
getting them settled in. volumes of call records, people, etc., which
Crose notes that there were several suc- requires careful logistical planning in terms
cess factors that contributed to the success- of often-overlooked issues such as park-
ful implementation of the business conti- ing, extra housekeeping requirements and
nuity plan. These are graphically presented additional security.
in graph 1. Crose also says that testing and exercis-
ing is vitally important to ensure effective
LESSONS LEARNED and efficient business continuity. Apart
In this case, a number of critical success from making sure the business continuity
plan works, testing and exercising is an
Cynthia Crose, vice-president, important way to train the relevant people
Integrated Technology Services, IBM, and to maintain a high state of readiness.
sub-Saharan Africa It also allows a company to capture any

6
ENTERPRISE RISK Feb 10
HOT SEAT
IBM's successful business continuity
is illustrated in DIAGRAM 1

changes and to audit the plan, while creat-


ing awareness among staff at all levels, as
well as among stakeholders.

BUSINESS RESILIENCY DOES MATTER


Many different threats and opportunities
can arise that can threaten the stability of
a companys business and IT operations,
from the obvious weather-related risks,
such as hurricanes or floods, to the unex-
pected, successful marketing or public rela-
tions campaigns that result in an overload
of a system and a subsequent crash, ex-
plains Crose. A business resiliency strat-
egy must centre on understanding all the
potential risks, which can be data driven,
business driven or event driven, across the
enterprise.

ALEXANDER FORBES The insurance broker


The role of the broker
The broker plays a pivotal role in the relationship between the insured,
the insurer and external specialists such as the loss adjustor.

The recent Tracker fire claim Arranging the right cover with the right then translate these into a comprehensive
clearly demonstrated how the right broker insurer, acting swiftly within the insurers risk management strategy to ensure that
can optimise the synergies between the vari- mandate and choosing the right loss ad- all exposures to the clients business are
ous role players in the insurance industry. juster were crucial to the prompt settling of properly addressed.
When the Tracker team arrived at their the claim. However, perhaps most important A broker must take a holistic view of the
premises on the morning of Saturday 17 was the brokers role in arranging adequate clients business, and provide the expertise
January 2009 to discover an estimated insurance and managing the clients ex-
R40 million of fire damage, their first port pectations and experience throughout the
of call was their broker, Alexander Forbes claim process.
Risk Services. The broker is the link between the in-
Alexander Forbes risk services immedi- sured, the insurer and external specialists
ately appointed a loss adjuster, Cunning- such as the loss adjuster, managing expec-
ham Lindsey South Africa, to visit Trackers tations and optimising synergies among
premises, assess the damage, investigate the the various role players, says Jaco Smit,
root cause and adjust the claim once it had business unit manager at Alexander Forbes
been formulated by the client and presented risk services.
by the broker to the insurer. On the Monday
following the fire, Mutual & Federal ratified THE BROKER-CLIENT RELATIONSHIP
the loss adjusters appointment and within In the relationship between the broker and
48 hours after the devastating fire, the loss the client, it is crucial that the broker has a
adjustors preliminary report was received. thorough understanding of the clients busi-
Since the loss was correctly covered by ness. In essence, the broker must understand
the insurance policy arranged by Alexan- the clients needs by having an in-depth
der Forbes, Mutual & Federal could swiftly understanding of his clients business and
process the claim and make interim pay-
ments to assist Tracker with the immediate Jaco Smit, business unit manager,
costs faced. Alexander Forbes risk services

7
HOT SEAT ENTERPRISE RISK Feb 10

DIAGRAM 2 Interlinked relationships and insight to ensure an enterprise-wide ap- a good broker is the ability to harness both
proach to risk management is implemented, internal and external expertise and experi-
says Smit. ence. Usually, the insurer appoints an ad-
juster of its choice. However, an experienced
THE BROKER-INSURER RELATIONSHIP broker will liaise with the insurer prior to
While the clients needs must always come the appointment of a loss adjuster to agree
first, the value of long-term relation- on the latters availability, flexibility, skill
ships between brokers and insurers cannot and integrity to ensure the client receives a
be underestimated. fair settlement, says Smit.
It is crucial that both the broker and in- Warren Buffet said, It is only when the
surer clearly understand and operate within tide goes out that you learn who has been
the agreed mandate to ensure prompt settle- swimming naked."
ment of claims,adds Smit. "When facing a catastrophe of this
magnitude without the assistance of an
THE BROKER-LOSS ADJUSTER experienced broker, this bit of Buffet wis-
RELATIONSHIP dom takes on a whole new meaning, com-
One of the most important characteristics of ments Smit.

MUTUAL & FEDERAL The insurer


The role of the insurer
The fire that occurred at Trackers head office demonstrated the value
and peace of mind the right insurer can provide.

The raging fire at Trackers


head office in Randburg caused an esti-
mated R40 million of damage. The chain
of events following the fire proved that a
trusting relationship between policyhold-
ers, short-term insurers and brokers can
result in swift action to solve a potentially
crippling problem, explains Ken Law-
rence, general manager: claims technical
for Mutual & Federal.

CHAIN OF EVENTS
The first link in the chain was the swift
reporting of the loss to Trackers broker,
the Alexander Forbes group. They immedi-
ately informed Mutual & Federal, and the
insurer responded rapidly by assembling a
senior team to deal with the loss.
Alexander Forbes also immediately ap-
pointed a loss adjuster. The loss adjusters
preliminary report was received within 48
hours, allowing the claim to be processed
without delay. given the substantial loss and potential DIAGRAM 3 Illustrating Mutual &
An internal special investigations unit lengthy period of business interruption, a Federal's partnership approach
was appointed to establish the cause of number of interim payments were made to
the fire, with the assistance of forensic in- Tracker to assist in reinstating the busi- within hours. This can be attributed to a
vestigators. ness, says Lawrence. number of key factors:
A loss management plan was presented Formidable teamwork between all par-
to Tracker, providing clarity regarding the KEY SUCCESS FACTORS ties involved.
claims process. To date, Trackers claims The claim was handled within the short- Mutual & Federals senior manage-
experience had been exceptional, and est period and the business was reinstated ment team dealing with the claim had

8
ENTERPRISE RISK Feb 10
HOT SEAT
extensive underwriting and claims man- Transparency and good communications
agement experience, as well as the au- are essential.
thority to make immediate decisions. Insurance must be recognised as the
Alexander Forbes clearly understood final mitigation for the unexpected and
their mandate, duties and options as the clients backstop.
from the outset and coordinated the Giving the broker a clear mandate to act
entire process, while managing the in the event of loss, such as the appoint-
clients experience. ment of a loss adjustor from an approved
Mutual & Federal had a strong and posi- panel, accelerates the claims process.
tive relationship with the loss adjuster, For Mutual & Federal, this experience has
whose timely report was a crucial aspect highlighted the importance of fostering
in the swift handling of the claim. excellent business relationships with our
Tracker had a comprehensive disaster re- brokers and policyholders. When a short-
covery plan, which was well executed. term insurer, broker and policyholder act
as a unified force, a large-scale disaster
LESSONS LEARNT can be resolved within hours and the
A number of pertinent lessons can be Tracker case study is proof of this, says
learned from the Tracker claims process: Lawrence.
A partnership approach to good claims
Ken Lawrence, general manager, claims
management is required. technical: Mutual & Federal

CUNNINGHAM LINDSEY SA The loss adjuster


Negotiating claim settlements
Although being paid by the insurer, the loss adjuster acts as a mediator
between the insured and the insurer to achieve a fair settlement.

The loss adjusters role appointment of a loss adjuster, ensuring Trust is mutual and in the context of
is vital in the claims process and through that the appropriate firm with the requisite claims is best demonstrated by early re-
possible pre-loss nomination or knowledge, technical expertise and capacity is selected. lease of funds through interim payments at
a vital trust relationship can be established A trust relationship must therefore also ex- a time where cash flow is most likely to
with the insureds relevant representatives. ist between the broker and adjuster. be stretched.
According to Ken Maclean, branch man- The first day on any major incident is With the nature and vast extent of the
ager, Cunningham Lindsey South Africa, crucial as critical decisions will need to be damage, we have no reservations in plac-
As students of insurance, we read about taken to ensure trading continuity. While ing on record that had it not been for the
the principles of utmost good faith and business continuity plans such as Trackers Trackers disaster recovery plan, the loss
the responsibility of the insured to dis- disaster recovery plan may be in place, would have resulted in far serious implica-
close material facts. However, the need for the adjuster is influential in the decision- tions from both a cost and business conti-
trust goes way beyond this. As far as the making process, and the insured must have nuity point of view.
insured is concerned, it is a two-way street comfort that the adjusters commercial acu-
with the insured needing to trust and have men will have been gained by involvement
faith in all those involved in the insurance in a range of industries and loss scenarios.
arrangements both from a policy and claims Reputational risk runs far beyond any
point of view. coverage provided by the policy and this
The test of any insurance is the claims is where the need for trust is the greatest.
service. Unlike many things that are bought, Communication remains the key to reten-
it is invisible at the time of purchase and tion of trust, an awareness of issues fac-
therefore effectively taken on trust from ing a business is vital and the broker again
both parties to the contracts point of view. has an important role to play in convey-
The insured needs the comfort of trusting ing information not only to the insurer but
the service and understanding what will also to the adjuster in a claim scenario,"
occur when and how, in the event of a loss, says MacLean.
to protect assets and trading as well as,
most importantly, reputation and brand. Ken Maclean, branch manager,
The broker can play a vital role in the Cunningham Lindsey SA

9
GENERAL
COVERINSURANCE
STORYY ENTERPRISE RISK Feb 10

BROKERS CORNER

Preparing to document the RM plan


Before documenting a RM plan, advisers should first place the risks
they face in context, by understanding the objectives of their business
within the strategic and organisational environment. BY JOHANN MAREE

The context of a problem consists What is the core activity? Who is involved reaffirm commitment to resources
of the strategic context, the organisational both internally and externally? clarify roles and responsibilities
context and the risk management context. What equipment does the business have define documentation and report-
A working knowledge of the FAIS Act and a and/or use? ing requirements.
documented business plan will assist in map- This policy sets the framework for the risk
ping the context for the development of a risk RISK MANAGEMENT CONTEXT management strategy and applies to all ar-
management plan. The risk management context includes the eas and entities within the business. Once
nature of operational, technical and regulato- the context and policy framework is clearly
STRATEGIC CONTEXT ry frameworks and what is being done. Some established, developing a risk management
The strategic context includes the na- questions to ask include: plan becomes easier. The risk management
ture of the environment in which a fi- What is the advisory business currently do- strategy should be integrated with other plan-
nancial advisory business operates. Some ing in terms of risk management, either for- ning and management activities.
questions advisers should look at are: mally or informally?
What relationships does the advisory busi- Is the advisory business insured? RISK MANAGEMENT RESPONSIBILITIES
ness have that are necessary for the busi- Is the advisory business a sole practitioner All advisory business owners and staff are
ness to operate? or does it have a legal persona? responsible for:
What laws, regulations, rules or standards The goals, objectives, values, policies and developing and implementing the risk
apply to the advisory business? strategies of the business and how advisers management plan
contribute to these are also important consid- reporting serious risk exposures and
ORGANISATIONAL CONTEXT erations that help define the criteria by which all serious incidents to the advisory
The organisational context includes the way decisions are made about the acceptability of business owner
the advisory business is structured and how risks, the form and basis of controls, and the reporting annually on the status of risk
it operates, including the extent of operative management options available. management actions to the owner and the
knowledge advisers have of their relevant ar- Within this overall risk management con- compliance practitioner
eas of responsibilities. This context may be text, it is also important to identify the strate- assisting in identifying potential risk expo-
technical or non-technical. It includes the ad- gic and organisational functions, such as: sures and for developing and implement-
visory businesses' aims, activities, structure, business management ing risk mitigation plans for unacceptable
membership and method of operation. These economic circumstances exposures, which may include:
are some questions to ask: corporate governance preventing potentially damaging events
What are the aims and objectives of the ad- commercial and legal through minimisation strategies
visory business? financial management providing decision makers with risk man-
human resources agement information to assess acceptable
technology and systems risks
unnatural or natural events. where appropriate, transferring risk to
Once these functions have been identified, third parties through insurance and
risk management policies and strategies can contractual arrangements.
be considered. Other stakeholders may be invited to assist
to identify potential risks and suggest any
RISK MANAGEMENT POLICY AND STRATEGY proposed mitigation.
To achieve an effective risk management sys-
tem, it is essential for advisers to develop a Dont miss the next article in our Brokers
clear policy statement, which should: Corner series!
outline the scope and process The next article will look at how to identify and
document the risks advisers face.
JOHANN MAREE
Maree is the co-founder of both the Institute of Practice Management and Myriad
Planning Solutions, which develops rules-based integrated business solutions for
financial advisers.

10
GENERAL
COVERINSURANCE
STORYY ENTERPRISE RISK Feb 10

INDUSTRY INSIGHT

Succeeding in a drastically
The current insurance landscape is drastically different compared to the
market before the global financial crisis, enabling some insurers to pull
ahead from their competitors and leaving others behind.

The financial crisis has al- government requests to cut costs and spend In addition, local insurers must also ad-
ready proved to be a watershed for the insur- more effectively. dress the perceptions of the insurance indus-
ance industry in many parts of the world. It is clear that all insurers across the world try in the low-income market. The challenge
The expectations of customers, investors, will be required to transform their business for the industry is perhaps greatest in those
governments and regulators from the in- practices to suit the changing sector. This market segments that have no awareness of
surance industry are changing rapidly and shake-up will challenge the competitive rel- insurance or see no benefit in it. Interven-
pervasively and as such, the environment evance of some insurers. However, it also tions to educate, inform and reach potential
is expected to evolve at a rapid pace over offers agile and farsighted firms a once-in- consumers are important and may present
the next two to three years, ruling out any a-generation opportunity to catapult them- viable opportunities for local insurers.
return to the relative stability and certainty selves to the front of what will be a very
that preceded the crisis. different racing order within many geo- IMPACT OF DISTRIBUTION CHANNELS
This was revealed by the Pricewaterhouse- graphical markets and classes of business. The disillusionment created by the crisis in
Coopers (PwC) The Day After Tomorrow for many of the more developed markets could
Insurance report, which gauged how the CHANGING CUSTOMERS affect channel preferences. In Germany and
global slump is reshaping the insurance in- Customers faith in financial institutions has Switzerland, for example, there has been
dustry and highlighted key developments waned, internationally. As capital disap- strong unease about the charges and plum-
that are likely to affect particular segments peared from the markets, customers have be- meting returns from many annuities. This
and geographical markets. come more cautious, preferring to hold on to is leading to a growing switch from tied to
While the response related to the market their cash. Those who are prepared to invest independent advisory channels, as custom-
downturn has varied from country to coun- their money are starting to favour simpler ers seek more thorough and unbiased advice
try, there is an overall feeling of uncertainty and less risky products. about which products match their risk ap-
that defines the industry, says Victor Mu- What customers demand from savings petite and demand profile. This echoes de-
guto, Southern African insurance leader at and investment products and how they velopments in the US in the1990s, and in
PwC. want to buy them will take a new direc- the UK in 2000 and after. In some countries,
Even companies that did not re- tion within many territories, with compa- Hong Kong, for example, buying insur-
quire bailouts have responded to nies that are slow to catch on, becoming ance through strong and trusted banks is
increasingly marginalised. becoming increasingly popular once again.
Clearly, customers will eventually start Companies will naturally need to keep their
spending, but will search for more effec- ears to the ground and adapt their chan-
tive risk protection. The key question is, nel strategies to what could be rapidly
on what terms will customers choose to re- changing preferences.
engage with insurers and how may product
and distribution strategies need to change INCREASING REGULATORY INTENSITY
to encourage them back into the market?
Under pressure from governments, supervi-
says Muguto. sion in financial services will be more intense
Whats more, consumer demand profiles
and regulations will be more subject to na-
are also changing in South Africa. Like their
tional priorities in their interpretation and
counterparts in the developed world, the lo-
application. Some countries are going the
cal insurance industry must react to these
extra mile in developing tough regulatory
changing customer needs. Customers are be-
regimes with a focus on governance and risk
coming more discerning and better able to
management. As a member of the Interna-
make informed choices. tional Association of Insurance Supervisors,
South Africa too
G REATER TRANSPARENCY AND COMPARABILITY OF FINANCIAL AND RISK is expected to
follow its lead.
DISCLOSURE WILL BE CRITICAL IN GAINING ACCESS TO THE LIMITED SUPPLY As such, we can
.
OF AVAILABLE CAPITAL VICTOR MUGUTO, SOUTHERN AFRICAN INSURANCE LEADER, PWC anticipate an

12
ENTERPRISE RISK Feb 10 GENERAL INSURANCE

transformed insurance sector


increase in supervision, with increased focus GOVERNMENT INFLUENCE and budget deficit scenarios will plague
on solvency, governance, consumer protec- Although those governments that have bailed the market.
tion and risk management. out insurers are eventually likely to divest The reshaped environment will present both
their direct holdings, their influence across transformational opportunities and signifi-
INVESTORS DEMAND RISK MANAGEMENT the sector will continue. Other governments cant threats for businesses that fail to antici-
A common thread is the emphasis on strong however may continue to offer substitutes to pate and adapt to the changes ahead.
ERM. he pursuit of innovation and capital ef- insurance, such as trade and credit schemes A number of short-term themes have also
ficiency has given way to focus on stability and being the insurer of last resort. been sparked by the financial crisis. Height-
and risk management. This could result in competitive distor- ened risk concerns and the need to rebuild
Analysts and investors require a more sys- tions and impede market development and balance sheets have forced many insurers to
tematic approach to effective risk manage- once in place could be difficult to with- follow more conservative investment paths.
ment. Greater transparency and comparabil- draw. On the other hand, governments Firms that have been leading the way in driv-
ity of financial and risk disclosure will be that have recapitalised parts of the insur- ing home effective risk management prior to
critical in gaining access to the limited sup- ance sector may insist that taxpayers are the crisis have already been implementing
ply of available capital. given a more favourable deal from the this strategy.
Market confidence also continues to be un- insurance industry. Statistics show that the economic down-
dermined by the absence of a relevant and turn has been tough on our local insurers.
globally consistent insurance accounting KEY DEVELOPMENTS AND THEIR STRATEGIC The slowing economy has led to, among oth-
standard and lingering concerns related to IMPLICATIONS ers, rising claims. Local insurers should view
consistency of embedded value methodolo- Continued uncertainty involving de- this time as a period of challenges and op-
gies and assumptions. mand, inflation, stock market performance portunities.
Definity/FW ENG/28.01

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Its strong empowerment history gives SMS the SMS is well placed as a key player in the current An authorised financial services provider
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South Africas racial and cultural diversity.
SHORT TERM ENTERPRISE RISK Feb 10

INDUSTRY INSIGHT

2010 challenges and opportunities


Enterprise Risk asked the short-term insurance industry leaders to share
their insights regarding the challenges and opportunities 2010 will bring.

is growing, creating opportunities for the micro-insurance space, and Africa. South African insurers have
the industry. In addition, we have a innovatively enter the untapped been slow to expand into Africa but
large untapped, uninsured market, market in the near future, will expect this to change as the focus
which holds great opportunities for reap unexpected benefits. The on investment opportunities in
those insurers who can find the SAIA financial literacy consumer emerging markets and particularly
right solutions to product pricing education initiatives planned for opportunities in the financial services
and market access. The recent implementation in 2010 should arena will increase in 2010.
credit crunch has also created enhance opportunities for short-
opportunities, particularly in the term insurance companies with
credit risk sector, by highlighting the appropriate products.
vital importance of managing
credit risk.

Johnny Symmonds, MD,


Lombard Insurance

Single greatest challenge: Guy Scott, CEO, Aon Risk


There are a number of significant Services
challenges facing the industry. Single greatest challenge: Perhaps
The first and probably the most the most difficult risk management
important is attracting and retaining issue is ensuring that organisations
quality skills. Secondly, regulation Jurie Erwee, Alexander Forbes remain committed to established,
is becoming increasingly complex, Barry Scott, chief executive, risk and insurance services effective risk management
while regulatory authorities SAIA Single greatest challenge: strategies. Risk control efforts
are becoming more hands on. Single greatest challenge: The Those who attract and retain the should not be ignored for the sake
In addition to industry-specific biggest challenge for short- best talent will reap the benefits of immediate expense cutting. A
regulation, there is an increasing term insurance generally, and as new opportunities present comprehensive and successful
interrelationship between various SAIA specifically, will be to themselves. Advancing technology, response to this global economic
new acts, and future regulations draft and implement a holistic environmental risks and corporate downturn requires the consistent
such as financial condition reporting and comprehensive strategy to governance will dominate application of excellence in all
and the possible 'green' legislation address motor insurance. Such boardroom discussions in 2010, facets of risk management.
will add to the complexity. Global a strategy will not only have to presenting opportunities for risk
warming, its impact on weather address the risk, but also the cost advisors and the insurance market Greatest opportunities: Those
patterns and the associated of motor insurance claims to keep as institutions and individuals organisations who have successfully
increase in insurance losses, is motor insurance affordable and seek enterprise-wide solutions to weathered the storm with
another great challenge facing the motor insurance as a business emerging risks. stringent expense management
industry. Lastly, the industry faces class sustainable. and successful talent retention
constraints in terms of reinsurance Greatest opportunities: More strategies, coupled with continued
capacity, both in terms of capital Greatest opportunities: The companies will be adopting a investment in innovation, will benefit
available at a catastrophe level and market has yet to tap into the 'high-risk, high-reward' approach from the flight to quality in terms of
in particular the capital available for low-income market although a in seeking profits from emerging the consumer behavioural change.
guarantee classes. few of our members have started markets, including Africa. This Efforts should be focused on quality,
exploring possibilities in this provides exciting opportunities for as there is a higher expectation of
Greatest opportunities: The growth market with low-key activities. South African-based risk advisors value for money from consumers.
in the middle class, traditionally a Companies which use the lessons and carriers with representation A constant investment in new ideas
major market for insurance products, learnt from mistakes made in and experience of doing business in and solutions is paramount in the

14
IN-HOUSE
COUNSEL
Understanding YOUR role and strengthening your 15, 16, 17 &
18 March 2010
companys protection against legal liability The Wanderers Club,
Illovo, Johannesburg
Conference highlights and interactive sessions include:
T Discussing the Sections of the Companies Act that will be affected by new drafting
T Aligning legal policy with the business bottom-line
T Discussing the future of risk and corporate governance compliance as a function of the In-
House Counsel
T Highlighting the current corporate case law
T Mastering your contract negotiation and drafting skills
T Managing the use of your external advisor and controlling the cost to company
T Defining the In-House Counsel role in accountability to ethical business practice

Pre and Post Practical Conference


Workshops:
Practical techniques for incorporating the
Companies Bill into your policies and procedures
Facilitated by: Jacques Peters, Director, Jacques Peters
Consulting CC
Date: 15 March, 2010

Mastering your contract negotiation


and drafting skills
Facilitated by: Gavin Weiman, Attorney,
Weiman Consulting
Date: 18 March, 2010

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Title: __________________ Name: ________________________________________________________________________________________________________


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Job title: ______________________________________________________________________________________________________________________________
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Email address: _________________________________________________________________________________________________________________________

Please send me further information about In-House Counsel P3122 ER


SHORT TERM ENTERPRISE RISK Feb 10

creation of competitive advantage demarcation regulations will be the can be expected during 2010. This particularly motor-vehicle spare parts
same old, same old is just not most keenly watched development could result in growth opportunities and autobody repairs remain a cause
enough anymore. in the first half of 2010. The second for the industry in general. for concern in terms of claims costs.
half of 2010 will see South Africa
focusing on its many challenges, Greatest opportunities: The Soccer
especially how to capitalise on and World Cup 2010 will have a hugely
maintain the economic momentum positive impact on the economy,
of the World Cup. The insurance which will spill over to the insurance
industry will continue focusing on industry. Brokers need to examine
motor-loss ratios and the cost of the needs of all their clients with
motor vehicle repairs to restore this in mind. With the new FAIS
profitability; risk management; risk requirements, a number of non-
surveys and risk premium rates. compliant brokers will exit the market,
Another challenge is the ageing
public infrastructure and lack of ANOTHER CHALLENGE
Paolo Cavalieri, chairperson, maintenance owing to the economic
Etana Insurance environment and the consequent Keith Kennedy, MD, Mutual &
IS THE AGEING PUBLIC
Single greatest challenge: Our impact on claims. Federal INFRASTRUCTURE
biggest challenges as an industry are Single greatest challenge: Growth
finding creative and effective ways of Greatest opportunities: Companies in the short-term insurance industry creating acquisition opportunities
contending with economic pressure that are flexible and entrepreneurial will be challenged by the state of for other brokers. With general
for ourselves and our clients; finding with solid shareholders and the best the economy. The weather is also a service levels deteriorating in certain
ways to progress meaningfully in skills will survive the consolidation wild-card factor for the short-term insurance channels, the broker will
areas such as people and leadership among insurers and underwriting insurance industry, becoming more also remain vital to their customers.
development; and attracting top agencies in the next 18 months. unpredictable over the years, and
talent, so we will have strong and claims relating to such events are
skilled people to move forward. more frequent and larger.

Greatest opportunities: There has Greatest opportunities: We should


never been a more critical time for see some buoyancy in the economy
brokers to demonstrate their value in the first half of the year leading
to clients in ensuring all avenues up to the 2010 World Cup. Many
of risk are adequately covered, businesses will require various forms
without paying for insurance they of cover during this period and we
dont need. The insurance industry should see an increase in policies
needs to be innovative in supporting written.
BBBEE goals and has opportunities
to use its personal connections with
millions of policyholders to make Ian Kirk, CE, Santam
meaningful contributions in the area Single greatest challenge: The
of consumer education. We also domestic economy is starting to show
all have opportunities to sensitise Brand Pretorius, CEO, early signs of recovery, but such
government and consumers to risk Momentum Short-Term recovery will be slow a scenario
management. Insurance that requires focused attention
Single greatest challenge: The on the management of risk. The
challenge for insurers will be to impact of climate change must
manage the expected increase in feature prominently on the industry
costs, without transferring all of the agenda. 2010 will also see clients
cost pressures to the consumer. making greater demands for quality,
The successful insurers in 2010 Pierre Geyer, head: broker innovation, service and appropriate
will be those who are the most division, Hollard costs. Santam further expects to
accurate in determining the risk Single greatest challenge: The see a continuation of mergers and
profile for each individual client and stressed economy will push clients acquisitions in the intermediary space.
charging the appropriate premium. to seek more perceived cost-
This requires a greater emphasis effective or alternative insurance Greatest opportunities: As with
on risk management and improved solutions. The anticipated changes 2009, 2010 will be challenging for
harnessing of technology for greater in legislation, particularly related to the industry. All players will need to
Michael Blain, CEO, Centriq operational efficiency. binder agreements, may negatively stay on top of their game, but these
Insurance affect client service and operating challenges inevitably will create
Single greatest challenge: The Greatest opportunities: Indications costs for intermediaries. The opportunity. 2011 will likely be the
new binder regulations and medical are that a turnaround in the economy increasing supply-chain costs of year of recovery for our industry.

16
SHORT TERM ENTERPRISE RISK Feb 10

PRODUCT RECALL

Beware the CPA...


With the Consumer Protection Act coming into force shortly, companies
need to understand the impact it will have on their product recall
insurance. BY KEITH MARSHALL - CHARTIS

Companies are well advised to take they sell following the implementation of the Con-
up recall cover or increase their existing cover be- sumer Protection Act (CPA), as consumers will be in
cause the Consumer Protection Bill has been promul- a position to return unsatisfactory goods to the re-
gated into law. In more mature markets like the UK tailer as opposed being restricted to seeking recourse
which have similar laws in place, an increase in over- solely against the manufacturer, explains Marshall.
all product recall of 125% between 2004 and 2007 has This means retailers can be held as accountable as
been seen. With regard to non-food products, a mas- a manufacturer the middle man status has been re-
sive 894% rise was recorded between 2004 and 2007, moved. Retailers should advisably seek to ensure that
explains Keith Marshall, regional manager, liabilities their suppliers have recall plans in place along with
group, Africa region of Chartis South Africa. full-blown recall insurance. This is due to the fact that
Certain sectors will be at higher risk because of consumers are now in a position to hold the retailer as
the implementation of the CPA than others, and the accountable as the manufacturer.
TABLE 1 Risk rating
controls required will differ accordingly. These risk
and controls GET THE COVER NOW
SECTOR RISK RATING CONTROLS REQUIRED Marshall says that an increase in recall cover pre-
Retail and High Supply chain management including supplier miums is likely since there are more rights of re-
distribution insurance course for the consumer as is intended by the leg-
Contract certainty between suppliers and consumers islation. This is likely to translate into more claims,
Complaints handling processes and procedures
increased legal action, and therefore higher premiums
Product recall plans, processes and procedures to be
and/or deductibles.
set up by the insured with loss controls assistance
where applicable. In terms of the underwriting criteria, the retailer
and a manufacturer will now be rated equally as the
Manufacturing Medium to Supply chain management including supplier
high insurance exposure to claims increases with the consumer hav-
Contract certainty between suppliers and distributors ing access to greater routes of recourse. There is a
Increased quality control on product functionality, potential for retailers to carry even greater exposure
safety, education in the form of manuals and labelling than a single manufacturer, since the retailers will sell
Complaints handling processes and procedures multiple products from a variety of manufacturers.
Product recall plans, processes and procedures In a nutshell, buying cover now would be cheaper
Services Medium Contract certainty between suppliers and consumers for two reasons, notes Marshall. Firstly, if we con-
Complaints-handling processes and procedures sider the trends evident in the more mature markets,
we know that a spike in claims is inevitable. Secondly,
ratings and controls are detailed in table 1. forming a relationship with an insurer now enables
Retailers will be more responsible for the products the insurer to have a better understanding of what
TABLE 2 Liability the insureds activities are and what the specific risks
INSURED INSURER are. This translates into more favourable terms, as the
insured is not gauged against industry standards. For
Strict liability resulting in increased claims Increased limit as per exposure to risk of
and settlements. liability. instance, when dealing with a high-hazard industry
such as the tyre industry, an insured in such an indus-
Increase costs in the form of: Increased information requirements:
try that has had a quantifiable claims history (prefer-
quality control loss control
supply chain management processes, procedures, controls and ably a good claims record) in say over five years, will
vetting of suppliers monitoring systems. be in a more favourable position.
claim payments
counter claims against suppliers. ISSUES TO CONSIDER
Insurance packaging: Review information provided and provide There are a few factors that companies should be con-
warranty and inefficacy covers efficacy and/or financial loss cover on a sidering in light of the implementation of the CPA
increased limits for financial loss. selected basis subject to specific terms and renewing or taking out products recall insurance as
conditions. detailed in table 2.

20
Prepare your organisation for the new COVER STORY

Examine these hot topics! 17 & 18 March 2010


How to process personal information in
Hyatt Regency, Rosebank,
compliance with the new bill Johannesburg
Find the balance between protection of personal
information and legal requirements of access to
information
How will the new bill affect your direct
marketing?
International trends and strategies: What can you
learn?
Managing data throughout the organisation:
Evaluation of processes and procedures

Featuring key presentations from


the following experts:
Iain Currie, University of Witwatersrand
Anneliese Rose, UNISA
Warren Wertman, Bowman Gilfillan
Tim Hanlon, Strategic Management Services
Graham Dominy, Department of Arts and
Culture

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COVER
LONG TERM
STORYY ENTERPRISE RISK Feb 10

INDUSTRY INSIGHT

Lessons from the past, Lessons learnt from 2009: Our


better-than-expected persistency

priorities for the future


levels affirmed that our customers
are beginning to understand
the value of their investments
perhaps a sign of a shift towards
a savings culture? Legislative
reform has changed the way we
At the of 2009, Enterprise Risk spoke to the do business both operationally
and in principle with huge cost
captains of the life industry about lessons learned in implications. Intermediaries were

2009 and strategies for 2010.


also affected with stringent FAIS
regulations forcing out those who do
not comply. This, coupled with the
on the South African incorporated resilience and flexibility to assist our fear of new graduates pursuing a
strategy, promoting South Africa as clients in tough times. dying profession has created a skills
the economic gateway to Africa. The dearth.
savings and investment industry, as Strategic priority for 2010:
represented by ASISA, must deliver in Without a doubt, one of our greatest Strategic priority for 2010: The
terms of its continued relevance and strategic priorities involves keeping focus for 2010 will be on further
sustainability as the custodian of the the customer at the centre of every optimising the way we do business,
nations savings by growing a strong business strategy and decision. This leading towards sustainable practices
public/private partnership based will involve not only bringing new that place the customer at the core.
on trust. customers into the Liberty family, but We will continue in our commitment
also retaining our existing customers towards improving financial literacy
by upskilling our intermediaries.
We anticipate that implementing
KEEPING THE CUSTOMER legislative changes will continue
AT THE CENTRE OF EVERY throughout 2010. Our focus will be
on the things within our control, such
Leon Campher, CEO, BUSINESS STRATEGY as active management, competitive
Association for Savings and and appropriate products and
Investment South Africa by remaining relevant and adding improving the quantity and quality of
(ASISA) value to their lives. I speak for the our human resources.
Lessons learnt from 2009: 2009, Liberty team when I confidently say
although tough, proved to the that we are ready, willing and able
savings and investment industry, to shake things up and exceed the
its regulators and our policy maker, highest expectations that we have set
that we are largely on the right track for ourselves.
with our approach to regulation
and the way we do business. We
can be proud of our resilience
during global financial market
crisis the credit goes to a strong
regulatory framework overseen by
the Financial Services Board and the Steven Braudo, MD,
largely prudential management of Liberty Life
businesses by the private sector. As Lessons learnt from 2009: 2009
an industry, we were also surprised reemphasised the fact that without
by the faith displayed by our investors a happy and satisfied customer,
as inflows into the savings and the entire industry is at risk. Harsh Nicolaas Kruger, CEO,
investment industry remained largely economic times often force one to Momentum group
positive throughout the year. reflect and take stock, and that has Lessons learnt from 2009: Three
certainly been true for us. We have lessons deserve mention. The
Strategic priority for 2010: A key always known that the customer is value of effective and appropriate
strategic priority is to partner with at the core of everything we do, and Phillip Matlakala, CEO, risk management is the first
government and other stakeholders 2009 reaffirmed the importance of Metropolitan Retail important lesson. It is critical for

22
Gain essential insights which will help
when interpreting and implementing the
New Companies Act!

New
Companies Act
Masterclass 2010
2 & 3 March 2010
Wanderers Club, Illovo,
Johannesburg

Get to grips with the implications


and impact of the New Companies
Act and compile your customised
action plan going forward

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LONG TERM
STORYY ENTERPRISE RISK Feb 10

life insurance companies to have that management can access to grow and invest in the business treatment and better service.
an in-depth understanding of the numbers (sales volumes, in South Africa, and to ensure that The industry has gone some way
how their business will react to cash flow, solvency) quickly Discovery Life is at the forefront of towards addressing such issues
different risks. Secondly, business and confidently. Sound claims innovation, exhibiting leadership but much remains be done in
diversification provides protection, management processes protect in the life assurance industry. We 2010 to raise the image of the
as different business units against the increases in both will also expand our operations financial services industry and
react differently to challenging fraudulent and disability claims. A and success in the UK. position it as genuinely
conditions. Finally, the past year great team of people will carry a client centric.
instilled a greater appreciation for company through almost
South Africas financial regulatory any situation.
landscape, where measures such
as exchange controls shielded Industrys strategic priority for
us from the worst of the global 2010: There are two priorities
financial crisis. for 2010 firstly, maintaining
solvency and profitability, while
Strategic priority in 2010: I think being prepared for the next shock
discussions around retirement to the system and secondly,
reform will accelerate in the next achieving growth in a highly
year. Industry has a vital role to competitive space. The challenge
play in shaping South Africas will be to create meaningful
future retirement landscape and product differentiation while
this will surely be a focus area providing a value-for-money
for life insurers during 2010. proposition. The quality of the
As important is the debate and brand will play a large role in Liz Lambrechts, chief
consultation around the National achieving success. executive, Sanlam Personal
Health Insurance. Momentum Finance
looks forward to working with Lessons learnt from 2009:
industry and government to 2009 clearly showed us how
make meaningful contributions to important it is to have a visionary
establishing a sound foundation long-term strategy for resilience
for an inclusive financial in good and bad times, and that
services industry. the courage to implement that David Price, MD, Liberty
strategy, even in challenging Corporate
times, is crucial for survival. Lessons learnt from 2009:
Five years ago, the Sanlam Liberty Corporate has had a
group embarked on a strategy to successful year, despite the tough
environment. As a business, we
PRODUCTS OFFERED HAVE have resolved to harness the
pressure of 2009 as a positive
TO MEET CUSTOMERS catalyst for change. We have been
NEEDS AND REQUIREMENTS honoured to be recognised for our
Herschel Mayers, Discovery efforts by winning two industry
Life and Invest awards: the 2009 FIA Employee
Lessons learnt in 2009: It is diversify and place client centricity Benefits Product Supplier of the
crucial to ensure that the business at the heart of our business. This Year Award and the 2009 PMR
is built on quality foundations. strategy proved extremely resilient (Golden Arrow) Award for Large
The products offered have to and allowed us to perform well pension fund administrators and
meet customers needs and this year. product providers insurers.
requirements in a dynamic, rapidly
Selwyn Kahlberg, MD, changing environment. If the Strategic priority for 2010: Strategic priority for 2010: The
Alexander Forbes Life right building blocks are in place, Our greatest strategic priority challenge in 2010 is to remain
Lessons learnt in 2009: Get growth, investment and positivity for 2010 is to reestablish the focused on delivering on our
the basics right! This means a is required, especially in tough trust of consumers and change promises and building on a very
strong back office, sound claims economic times. These are the consumer behaviour. Consumers strong base in what is a constantly
management processes and a ingredients for ultimate success are sceptical about both the changing environment. Top of
great team of people three when the economic cycle turns for performance and the ethics of mind is making the customer
factors that saw Alexander Forbes the better. our industry, and have a more journey a seamless, pleasant
navigate the recession with sophisticated understanding of experience, and ensuring that we
success. A strong back office Strategic priority for 2010: Our financial solutions. As such, they are the first choice of advisers
ensures clients are happy and priority in 2010 will be to continue now demand transparency, fair across the field.

24
ENTERPRISE RISK Feb 10 EMPLOYEE BENEFITS

DISABLED EMPLOYEES

Reasonable accommodation
in the workplace
In practice, companies can do a great deal to accommodate disabled
employees and benefit from their skills and abilities while meeting
legislative targets. BY ANTON ENGELBRECHT, ALEXANDER FORBES HEALTH

The Commission of Employment Eq- in conjunction with retirement benefits from the re-
uity Report 2008 2009 from the Department of tirement fund.
Labour indicated that the percentage of permanently As such, the provision of disability insurance by
employed people with disabilities in the formal sec- employers should be viewed as a part of a disability
tor has reduced from 1% to 0.7% compared with the risk management strategy in the workplace.
previous year, despite targets set by the employment
equity regulations. REGULATORY ISSUES
People with disabilities experience high unemploy- Historically, employers accepted the insurers deci-
ment levels and often remain in low-status jobs. Ig- sion in terms of the validity of the disability claim
norance, fear and stereotyping contribute to possible submitted without applying the provisions stipulated
unfair discrimination against people with disabilities in Schedule 8 of the Labour Relations Act (LRA).
in society and in employment. This unfair disability These provide a clear procedure requiring the em-
discrimination is perpetuated in many ways. There ployer to investigate any medical incapacity of an
are many unfounded assumptions about the abilities employee prior to termination of the employee-em-
and performance of job applicants and employees ployer relationship with an intention of retaining
with disabilities. Workplaces are sometimes inacces- the employee in his or her occupation or even a dif-
sible and training is not always appropriate for peo- ferent occupation as far as reasonably possible.
ple with disabilities. Furthermore, the Code of Best Practice on Key
Aspects of Disability in the Workplace issued by
FAR-REACHING BENEFITS the Department of Labour provides a guideline for
People with disabilities can contribute their skills and employers, employees and their representatives to
abilities to the economy and society if employers re- develop, implement and refine disability equity
move unfair discriminatory barriers and provide rea- policies and programmes to suit the needs of their
sonable accommodation. The cost of claims on public respective workplaces.
social security and occupational benefit schemes can A number of initiatives can be undertaken by em-
be reduced if employees with disabilities are retained ployers not only to comply with the requirements of
at work. the Code of Best Practice but also become the em-
In practice, there is actually a lot that companies ployer of choice for persons with disabilities.
can do accommodate disabled employees and ben- Designing a strategy that would achieve compli-
efit from their skills and abilities, while meeting ance with the Code of Best Practice as well as assist
legislative targets. companies become an employer of choice would in-
clude the following objectives:
INSURANCE SOLUTIONS ensure all human resource policies comply with
For example, it is prudent for any employer to pro- relevant legislation, i.e. Employment Equity Act ANTON
vide insurance cover for unplanned events such as and the abovementioned Code of Good Practice ENGELBRECHT
employees becoming disabled due to illness or ac- create an environment that is disabled-friendly, Engelbrecht (BMedSci,
cident. This would make employees eligible for in- physically accessible and socially accommodative BSc (hons) Bio
Systems Cum Laude,
sured benefits if they were not able to perform their actively drive to recruit and select suitable disabled
MBA) is a business
regular occupation because of a disability resulting candidates for all vacancies and to rehabilitate and
development and
from illness or accidental injuries. Group disability train employees who become disabled strategic consultant
insurance policies provide benefits on an income re- provision of further training and career advance- at Alexander Forbes
placement basis or payment of a lump sum benefits ment opportunities for persons with disabilities. Health.

25
EMPLOYEE
COVER STORY
BENEFITS
Y ENTERPRISE RISK Feb 10

RETIREMENT RA SEASON

Lump sum RA contributions


for tax benefits
The tax season is upon us and many employees will be considering
lump sum RA contributions to reduce their tax liabilities. Enterprise
Risk asked the experts about the implications for stakeholders.

The main purpose of an RA fund is to to 36 %, explains Anton Swanepoel, legal advisor at


provide a life annuity upon retirement of a member of Sanlam law service. The part of the retirement benefit
55 years or older, or annuities for the dependants or that is not taken as a lump sum must be used to provide
nominees of deceased members. a pension to the member for life. The pension instal-
In order to encourage saving for retirement, the In- ments are taxed as income at marginal tax rates.
come Tax Act allows for deductions from a taxpayers
income, up to certain limits, for contributions made to- TAX OR RETIREMENT SOLUTION?
wards retirement savings, explains Navin Ramparsad, Liberty group notes that retirement annuities were in-
head: legal and compliance at Momentum Wealth. Typ- troduced to allow self-employed individuals to save for
ically, clients can claim a deduction equal to a maximum retirement and qualify for a tax deduction. Retirement
of 15% of non-retirement funding income; or R1 750; or annuities are long-term savings vehicles and are not
R3 500 less allowable pension fund contributions. meant to be used merely as a means to reduce income
In terms of current legislation, contributions in excess tax, but rather as a vehicle for saving for retirement.
of the allowable deduction will be taken into account They should form part of an individuals overall retire-
at retirement and potentially increase a clients tax-free ment saving strategy, says Stuart. If saving tax is the
amount. It is advisable to contribute as much as possible primary goal then a retirement annuity and a lump sum
towards retirement savings, but at the very least clients contribution into this vehicle allows for that but be care-
should endeavour to contribute at least the maximum ful of the unintended consequence of market volatility,
allowable deduction towards retirement, as this will also in other words, losing capital over the short term if the
assist in minimising their tax liability. retirement annuity is invested heavily in equities.
Erica Stuart of Liberty Group Advisory Services elabo- Ramparsad concurs, Ideally the goal should be to
rates: If a client contributes a R100 000 lump sum contribute towards retirement savings. It just so happens
into his/her retirement annuity then he/she would that to encourage such savings the government provides
qualify for a deduction. SARS will apply the formula tax advantages both during the contribution stage and
to determine what the tax deductible amount would at retirement.
be. It is important to note that if an employee Any decision to make contributions to an RA fund
qualifies for a tax deduction now, these should be taken as part of a persons long-term retire-
amounts will be deducted from his/her ment funding plan. It is recommended that employees
tax-free amount at retirement. consult a duly licensed financial advisor before taking
Upon retirement, up to one-third decisions in this regard, says Karen de Kock, head of
of the benefit may be taken as a lump annuities at Sanlam employee b.enefits.
sum. Up to R300 000 of the total lump
sum received from pension, provident IMPORTANT CONSIDERATIONS
and RA funds during a persons life- If a client decides to invest in a retirement annuity then
time is tax free and any balance is taxed
it is important to note that he/she cannot access his/her
at incremental rates ranging from 18 money before age 55 and he/she can also not take loans
against the fund value, cautions Stuart.
There are exceptions to this rule, for exam-
T O ENCOURAGE SAVING FOR RETIREMENT THE , ple, in the case of a divorce order, funds may
I T A
NCOME AX CT ALLOWS FOR DEDUCTIONS FROM A be transferred to a non-member spouse or
in terms of a maintenance agreement and if
,
TAXPAYER S INCOME UP TO CERTAIN LIMITS .
NAVIN
you emigrate you can access these funds. In
RAMPARSAD, HEAD, LEGAL AND COMPLIANCE, MOMENTUM WEALTH addition, if the tax-deduction is taken now,

26
Gain essential insights into Personal Liability changes as
set out in newly implemented corporate legislations

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Strategically delving into the current legislative
The Hyatt Regency, Rosebank,
implications on responsibility, liability & your role changes Johannesburg

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Competition Act
Terry Booysen, CGF hZgk^XZ4 Michael Judin,
Research Institute (Pty)
Ltd. Goldman Judin

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Management Liability
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Board composition,
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Trevor Woodburn,
9^gZXidghXji/ 7::gVi^c\hVcY Elise Waldeck, Corporate
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IDG:<>HI:G86AACDL
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EMPLOYEE
COVER STORY
BENEFITS ENTERPRISE RISK Feb 10

the market is always higher, notes Stuart. Those con-


cerned about investing a lump sum into a retirement
annuity could contribute monthly instead. This would
smooth the buy-in price by using rand-cost averaging.
When investing a lump sum into a retirement annuity,
one buys in at the price at that time and rand cost av-
eraging will not apply as it does with monthly contribu-
tions. Care should also be taken with the portfolios the

THE RISK OF INVESTING A LUMP SUM INTO THE MARKET IS


ALWAYS HIGHER KAREN DE KOCK, HEAD, ANNUITIES, SANLAM EMPLOYEE BENEFITS
retirement annuity funds are invested in. Where an in-
vestor is nearing retirement, investments should be less
aggressive, and have a smaller equity component, as the
investor has less time to sit out market volatility.

WHERE DOES THE BUCK STOP?


then a person cannot qualify for it again at retirement According to Stuart, during the financial planning proc-
and the tax-free amount will be reduced by the amount ess when the discussion regarding retirement planning
already taken. and savings takes place between the client and the fi-
Ramparsad says the considerations should rather be nancial advisor, and when a solution is recommended to
how much one needs for retirement purposes, there- address the issue of saving for retirement, the financial
fore how much one needs to save per year either on a advisor should explain and disclose all the costs and
monthly, ad hoc or lump
sum basis to achieve that
SAVINGS IN SOUTH AFRICA
goal. If the tax benefits Statistics show that the average South African is not saving enough for retirement.
Estimates show that only six percent of people can afford to retire. People are struggling to
are reduced or elimi-
make ends meet and only survive from month to month by balancing the bills. Cashing in
nated, it would not
on retirement savings can make retirement disastrous. People also tend to spend money
take away the on tangible assets such as houses and cars instead of retirement. There is a tendency to
need to save for look short term at financial goals with not enough focus on retirement planning.
retirement.
Swanepoel advises that any decision to benefits of a product before concluding the business. If
make a lump sum or regular contribution to the advisor recommends a retirement annuity to the cli-
an RA fund should be taken after consulta- ent, the financial advisor needs to go through all the
tion with a financial advisor and should take benefits of a retirement annuity and not just highlight
into account the total long-term retirement the tax deductibility of the contributions and lump sum
funding plan. Factors that could be con- payments into the retirement annuity. However, the
sidered will include, among others, age, onus is also on the client to understand what he or she
current retirement provision, income, is buying and what the benefits are and whether there is
tax, risk tolerance with regard to in- going to be any tax deductions.
vestments, the investment choices In my view, the industry is responsible for educating
offered by a particular RA fund clients on the benefits of saving towards retirement, both
and the costs charged by the fund. from a tax point of view and post-retirement needs point
The two most important factors of view, says Ramparsad. In a personal interaction I
that will influence retirement would consider the tax advisor and or financial planner
planning will be longevity and to be better suited to provide the client with information
investment returns before and and advice regarding the tax implications of contribut-
during retirement. ing towards retirement and the benefits thereof.
De Kock adds that the impact Swanepoel believes that it is a persons duty to obtain
of both factors on retirement as much information as possible before becoming a
planning should be discussed member of a particular RA fund. It is strongly recom-
with a financial advisor, and the retire- mended that employees consult their financial advisors
ment fund products and all terms and for advice in this regard."
conditions should be well understood. The advisor should be able to also advise the client
The risk of investing a lump sum into on the tax implications, but a tax advisor could also
be consulted. The RA fund itself
R -
ETIREMENT ANNUITIES ARE LONG TERM SAVINGS VEHICLES will provide information on the
fund and its benefits, however,
AND ARE NOT MEANT TO BE USED MERELY AS A MEANS TO
the trustees of the fund may not

REDUCE INCOME TAX ERICA STUART, LIBERTY GROUP ADVISORY SERVICES offer financial advice.

28
EMPLOYEE
COVER STORY
BENEFITS
Y ENTERPRISE RISK Feb 10

EB IN AN ECONOMIC DOWNTURN

The risk ofnot having


employee benefits
There are some considerations to take into account when deciding if
providing employee benefits will also benefit your business and the
bottom line. BY TARYN MARCUS, LIBERTY CORPORATE

Recent financial turmoil has in lieu of a higher salary, which can be a savings
put many companies under pressure where provi- vehicle for the company.
sion of good employee benefits is concerned. A Thirdly, offering benefits to employees also can
good employee benefits strategy can go a long way be advantageous to the business owner, who may
towards keeping a workforce focused and engaged. be able to get personal benefits for less money than
Most employees today, even employees that work if he or she had purchased them privately.
for minimum wage, expect some form of employ- Finally, offering health insurance has been shown
ee benefits. It is important that employers care- to decrease absenteeism and improve employee
fully consider the impact of putting an embargo health and morale.
on salary increases, cancelling bonuses, reducing
RANGE OF OPTIONS
IT IS NOT UNCOMMON FOR EMPLOYEES TO It is clear that there are many advantages to hav-
ing a good employee benefits offering in place.
SEEK GREENER PASTURES WHEN BENEFITS ARE Even though this may seem like a daunting task to
CUT OR SCALED BACK some, employers need to keep in mind that there
are many flexible options to choose from. Many
employee benefits or laying off employees before employers today are offering employee benefits in
doing so. These approaches should be considered more creative ways to satisfy the emerging, unique
as a last resort. interests of their employees. For example, many
This is because such actions, which may be com- businesses are now offering onsite childcare, re-
pletely valid for the survival of the business, could duced fees on cell phone contracts and other luxu-
have long-term adverse effects on a companys ry items, reduced banking administration fees and
most valuable assets - its employees. concierge desks.
Overall, in a time of economic downturn and
EMOTIONAL REACTIONS TO CUT-BACKS uncertainty, it is imperative that companies retain
Bear in mind that employees can view their benefits their most productive and valuable employees. Even
very personally many have an emotional connec- when the economy is sluggish, companies still need
tion to them. Cancelling or cutting back on em- to continue operations, maintain business relation-
ployee benefits can cause havoc internally. It is not ships, provide good products and services, and find
uncommon for employees to seek greener pastures new avenues of growing the business. These goals
when benefits are cut or scaled back. The costs as- cannot be accomplished unless companies have
sociated with the loss of accumulated institutional their best people in place.
TARYN MARCUS knowledge, reputational damage and productivity
Marcus is an HR deficits resulting from outgoing and later, incoming CHOOSING THE BEST STRATEGY
business partner: employees, may dwarf those savings from cutting So what is the best strategy during down times?
Liberty Corporate employee benefits. Communicate to your employees the value (in
and specialises in rands) of their total benefits package. Such commu-
people development. EB BENEFITS nication will assist in generating awareness of just
She has a BA human
Some of the other benefits of offering or maintain- how much the company values them. This should in
resources (cum laude),
BA honours Industrial ing employee benefits include certain tax advan- turn result in engaged and committed employees,
Psychology (cum tages that companies get through deducting plan and lead to better performance and business results,
laude), and an MA contributions. as well as an increase in the companys ability to
industrial psychology. Secondly, employees often accept better benefits win the war for talent.

30
ENTERPRISE RISK Feb 10 RISK MANAGEMENT

SPECIALISED RISK MANAGEMENT DISCIPLINES

Integrating specialised risks


in ERM
As organisations move towards more mature risk management,
specialised risk management disciplines are implemented to manage the
more significant risk areas. BY VANESSA PAYNE, IQ BUSINESS GROUP

In the last
few years, risk manage-
ment has moved from a
silo-based approach to
a more enterprise-wide
approach, which is in-
tegrated throughout an
organisation at all levels
and addresses all types of
risk, including special-
ised risks.
In many organisations,
the implementation of
these specialised risk
management disciplines
is in response to various
codes and regulations,
such as Basel II, King
III, the National Credit
Act and other new and
draft legislation. In a
typical chicken and egg
scenario, the success of
specialised risk manage-
ment and the maturity
of enterprise risk man-
agement are dependent
on each other. Without a
culture of risk manage-
ment in an organisation,
advanced risk manage-
ment processes may not
be appreciated; however,
the use of such processes
and tools may increase
the awareness and matu-
rity of risk management.
are shown and these are briefly defined in to high- DIAGRAM 1 The most
FITTING THE PIECES TOGETHER light their importance to a company. important specialised
There are various specialised risk management disci- RM disciplines
plines, including several that form part of financial BUSINESS CONTINUITY MANAGEMENT
risk management. In diagram 1, some of the most Every organisation can at any time experience a
important specialised risk management disciplines serious incident that can prevent it from continuing

31
RISK MANAGEMENT ENTERPRISE RISK Feb 10
ENTE 0

normal business operations. Business continuity is tools are required for the practical implementation
defined in the British Standard 25999:2006 as a and management of credit risk.
holistic management process that identifies poten-
tial threats to an organisation and the impacts to CREDIT RISK TOOLS
business operations if those threats are realised. It These include quantitative calculation engines,
also provides a framework to build resilience in the qualitative scoring guides and credit-risk manage-
organisation. ment reporting systems. Such tools aid both the
measurement and the processes to manage credit
PROJECT RISK MANAGEMENT risk in an organisation. The time and monetary ef-
Projects, particularly those with a significant capi- forts employed to create or implement a tool or
tal investment, may pose a potential threat to an system must appropriately balance the magnitude
organisation if not managed appropriately. Project of the risks it is intended to measure.
risk management assists in ensuring that project-
specific risks are identified and their causes deter- CONSUMER CREDIT RISK MANAGEMENT
mined to ensure that appropriate strategies could This involves understanding the risk a consumer
be planned to manage such risks. Risk manage- presents to an organisation before granting that
ment activities are applied at all stages within a consumer any type of loan. Crucial issues in this
project life cycle. regard include how to determine the associated
risk and how to set appropriate strategies for risk
SUSTAINABILITY RISK MANAGEMENT management and risk mitigation throughout the
This refers to the effective management of envi- lifetime of a loan.
ronmental, social and economic priorities in an It further involves aspects of targeting the right
organisation. Included in King III, sustainability is customer with the right offer, selecting the cus-
tomers with acceptable risk profiles in the acqui-
OPERATIONAL RISK MANAGEMENT IS sition phase, managing these customers and un-
PARTICULARLY MATURE IN THE BANKING derstanding their repayment behaviour; and lastly,
how to determine a collections strategy effectively
INDUSTRY DUE TO BASEL II REQUIREMENTS for each individual customer.
referred to as one of the most important sources
of both opportunities and risks for businesses and MARKET RISK MANAGEMENT
that nature, society and business are interconnect- Market risk management is concerned with the
ed in complex ways that should be understood by monitoring and management of an organisa-
decision makers. tions potential exposure to its portfolio value as
a result of changes in market prices. The main
OPERATIONAL RISK MANAGEMENT contributors to market risks are typically equity
This is defined as the risk of loss resulting from prices, interest rates, foreign exchange levels and
inadequate or failed internal processes, people and commodity prices.
systems or from external events. Typical compo-
nents of an operational risk framework include LIQUIDITY RISK MANAGEMENT
loss data collection, risk and control self-assess- This involves the monitoring and measurement
ment, issues and action plans, key indicators and of current and future cash flows, whether known,
key risk scenarios. Operational risk management is expected or unexpected, to ensure an organisa-
particularly mature in the banking industry due to tion will continually be able to meet its finan-
Basel II requirements, but the tools and processes cial obligations. The management of liquidity is a
used can assist any organisation in the manage- critical factor in ensuring the ongoing survival of
ment of their risks. an organisation.

VANESSA PAYNE CREDIT RISK MANAGEMENT EXCITING NEW SERIES!


Payne is part of The Credit risk management enables an organisation In the next 10 editions, the risk management experts from
IQ Risk Team at The IQ Business Group will be covering the specialised risk
to optimise measures to reduce and manage their
IQ Business Group management disciplines detailed above and their fit within
aggregated default risk and link measurement to
and has six years enterprise risk management in detail, including the five
marketing strategies through methods like risk disciplines that form part of financial risk management. In
risk management adjusted pricing, all the while hedging positions
experience, specifically each part in the series, an overview of the risk discipline,
to the organisations broader ERM framework available tools and practical necessities will be discussed.
in developing and
implementing and ensuring regulatory compliance requirements Dont miss the next edition in which the series will
risk management are met. Certain key principles and factors must be kick off with an in-depth look at business continuity
frameworks. considered in managing credit risk and credit risk management.

32
Rooth Wessels Motla Conradie presents

THE NEW COMPANIES ACT


AND
KING III REPORT SEMINAR
BUSINESS IS
MOVING
FORWARD
The tide of business in South Africa PROFESSOR PIET DELPORT
has changed once again PROFESSOR MERVYN KING
It would appear the tide of business has changed in ing on Corporate Governance and the rights and duties of
South Africa once again, with the implementation of shareholders and directors under the New Act as well as
the New Companies Act early in 2010. This Act will the interaction between the new system and the Common
have far reaching implications for all business owners Law and Codes of Conduct.
alike.
Professor Mervyn King recaps the background to King I,
Most of us have no idea how to react to something of this II and III Reports on Corporate Governance. He will
magnitude with many laws being also unpack the concept of Gover-
changed and new ones being instated. ROOTH WESSELS MOTLA nance in the context of South African
The whole conduct of business law is CONRADIE HAS SET UP A business as well as the relationship
being changed. Rooth Wessels Motla
ONE DAY SEMINAR IN between King III and the New Compa-
Conradie has set up a one day seminar nies Act.
in order to help you make sense and
ORDER TO HELP YOU
receive some clarity on the matter. MAKE SENSE AND Both of our presenters will also focus on
RECEIVE SOME CLARITY application of The Business Rescue
The seminar will be presented by profes-
ON THE MATTER. game-plan for the future as well as the
sors Piet Delport and Meryvn King who findings of the Business Rescue Task
will individually unpack the New Companies Act and King force of the King III commission.
lll Report in detail.
Dont leave your business behind attend this one day
Professor Piet Delport will guide us through the impor- seminar and know what is coming around the corner
tance of understanding the New Companies Act by focus- in 2010.

3RD MARCH JOHANNESBURG SANDTON CONVENTION CENTRE


14TH APRIL CAPE TOWN CAPE TOWN INTERNATIONAL CONFERENCE CENTRE
R1 450.00 excl VAT per delegate
BOOK 3 OR MORE DELEGATES AND QUALIFY FOR A 10% DISCOUNT
Visit www.frontfoot.co.za for more information or contact James Harvey on 011 880 4808
EXECUTIVE SECTION ENTERPRISE RISK Feb 10
ENTE 0

INDUSTRY EVENTS

SAICA Annual Financial Services


The South African Institute of Chartered Accountants (SAICA) recently
hosted the SAICA Annual Financial Services Conference a landmark
conference themed Shaping the Future Beyond the Global Financial Crisis.

The SAICA Conference brought to- management is integral to value creation. management practices, increasingly com-
gether delegates from across the financial The financial crisis had revealed that there plex and opaque financial products and
services industry to discuss issues and chal- is over-reliance on statistical or mathemati- consequent excessive leverage combined to
lenges common to the industry against cal risk valuation models that used historic create vulnerabilities in the system.
the background of the economic down- data. There had been too little involvement Policymakers, regulators and supervi-
turn as well as the short- and medium- of senior of senior executives and directors sors in some advanced countries did not
term outlook. in exercising judgement. adequately appreciate and address the risks
In particular, important risk aspects were Nkuhlu emphasised how crucial it was for building up in financial markets, keep pace
highlighted, together with sustainable de- business entities to report on how risks were with financial innovations or take into ac-
velopment strategies and processes. The managed when they reported on economic count the systemic ramifications of domes-
solutions that emerged from the conference performance. Failure to do so is failure to tic regulatory actions.
will assist businesses as they strive to steer provide vital information to investors and The conclusion was that risk had not been
clear of the challenges that lie ahead. others who have an interest in evaluating adequately appreciated by boards of direc-
A number of high-profile speakers high- the performance and future prospects of the tors and investors.
lighted some of the most pressing issues in business entity. Why? asked Nkuhlu. Because of de-
the industry. He pointed out that the increased com- ficient risk reporting. He said the most
plexity of business processes and products, important lesson was that directors had to
RISK MANAGEMENT MODELS consumer activism, regulatory requirements take increased responsibility for risk man-
Risk management models have to be simple, and globalisation had all increased the need agement and reporting. They must make
enterprise wide and integrated if they were for effective risk management and risk re- sure that they understand the products of
to succeed, Johan van Graan, Vodacoms porting. As a consequence, reporting on their companies and the risks involved.
chief risk officer told delegates. In addition, risk management has become a require- They should not over-rely on credit rating
Van Graan recommended that future risk ment in most corporate governance regu- agencies.
management approaches and practices be lations and codes. However, the financial He also stressed that risk management
owned by the business. crisis has revealed that boards of directors, should not only be a corporate governance
Perceptions in the boardroom must including audit and risk committees, have compliance issue but a business imperative
change. Key to any fresh approach designed an inadequate appreciation of the nature that had to be taken seriously by every di-
to prevent future crises is a strategy to re- of risks and risk management processes of rector committed to fulfilling his fiduciary
spond to global failures, complying with their companies. duties to the company and society. Nkuhlu
King III and policies designed to ensure Nkuhlu said that the evidence of published urged stock exchanges, accounting standard
long-term sustainability. financial statements gave little insight into setters and other regulators to review guid-
He maintained that risk management the comprehensiveness and quality of risk ance on risk management and reporting.
models of the past had been too compli- management processes. Most companies There should be a serious review of risk
cated. They were not integrated into a only report that they have adopted com- management practices. There should be
businesss day-to-day activities. Nor were pany-wide enterprise risk management and guidance regarding where risk management
they sufficiently focused, attempting as that they have well-functioning board risk information should be disclosed in the com-
they did to cover too diverse a number of management committees. panys integrated reports.
issues, among them enterprise resource He referred to the G20s description of the
management, credit, health and safety, and root causes of the financial crisis. During REGULATION COMPLIANCE
business continuity. a period of strong global growth, growing Sandy van Esch, director: standards at the
capital flows and prolonged stability ear- Independent Regulatory Board for Auditors
REPORTING ON RISK MANAGEMENT lier this decade, market participants sought (IRBA), told delegates that companies often
Prof. Wiseman Nkuhlu, former economic higher yields without an adequate appre- spent more time on compliance than on run-
advisor to the State President, told dele- ciation of the risks and failed to exercise ning their business. She said the regulation
gates that risk reporting had assumed much proper due diligence. At the same time, was a significant disincentive for SMEs and
importance in corporate life because risk weak underwriting standards, unsound risk SMMEs for several reasons, among them:

34
ENTERPRISE RISK Feb 10 EXECUTIVE SECTION

Conference
they suffered a larger cost burden He noted that countries that had NHI systems were
penalties for non-compliance can add dispropor- generally highly developed economies, with large
tionately to costs taxpayer bases and high levels of personal income,
they did not have the scale of operations to offset low levels of unemployment and income inequality,
regulatory costs and could afford to subsidise the minority of those
there was a limited capacity to appoint compliance who were unemployed and unable to contribute.
staff. Came said that in 2007, 15.6% of the population
Many regulators have an infallible belief that more had been beneficiaries of medical schemes, a statistic
regulation will prevent corporate failures, corruption that should be viewed against the background of a
and fraudulent financial reporting, and that more taxpayer base comprising:
regulation would ensure compliance, limit excessive 5.2 million individuals
greed and enhance performance and accountability. 1.6 million companies
Van Esch recommended that a regulatory impact 379 675 registered employers
assessment, performed by independent assessors, 384 747 trusts
should be required for all legislation before promul- 745 487 registered to pay VAT
gation. At the same time, legislation and regulation taxpayers comprising some 10% of the
creates stability in particular in lessening the im- total population.
pact of the global financial crisis. The impact of the Addressing the issue of whether or not the country
financial crisis is not as severe in South Africa as in had sufficient money to administer NHI, Came high-
other countries. lighted a 2009 estimate of R5.6 billion for current ad-
A factor in this phenomenon was South Africa ministration and managed-care fees. An additional
having been ranked second out of 133 countries by 41 million beneficiaries at current costs would add
the Global Economic Forum 2009/2010 survey for its R28.2 billion per year. This cannot happen.
auditing and accounting standards. Rather, he suggested a solution whereby there was
an acceptance that health-care finance needed to be
DEVELOPING AND INSPIRING EMPLOYEES extended and that provision of health care for the
South African corporations should develop and in- unemployed be funded by income tax. We need to
spire their employees as a core strategy to emerge ro- consider employer-mandated cover for all workers
bustly from the economic recession, said Matsobane seriously.
Matlwa, executive president of the South African In- This will grow the cur-
stitute of Chartered Accountants (SAICA). rent market penetration from
We cannot succeed without appropriately equip- around 16% to 28% of the
ping the people in our organisations to deliver on population with no new in-
the missions and visions of their respective compa- frastructure. We also need to
nies, commented Matla. Business leaders have to reconsider prescribed mini-
ask themselves how they can involve or enable the mum benefits (PMBs) and ba-
thousands of unemployed people to participate again sic benefits packages to make
in the recovery of the South African economy. We a lower cost option more af-
cannot claim to be in a state of recovery if thousands fordable.
of people are still without jobs or merely because fi- The quality of public health
nancial markets are showing signs of reviving. facilities must be improved
Matlwa also said that SAICA would maintain stand- so that they compete with
ards with a view to upholding the the reputation of the private sector in the pro-
the accountancy profession in the marketplace. vision of PMBs. We need to
make health care a South
NHI NOT FOR SA African global competitive
Gavin Came, CEO of Sasfin Financial Services told advantage which will benefit
delegates that the National Health Insurance (NHI) residents.
was not suitable for
South Africa. NHI is a W '
E CAN T SUCCEED WITHOUT APPROPRIATELY EQUIPPING THE PEOPLE
health-care financing
system, not a health-care
IN OUR ORGANISATIONS TO DELIVER ON THE MISSIONS AND VISIONS OF
provision system.
THEIR RESPECTIVE COMPANIES MATSOBANE MATLWA, EXECUTIVE PRESIDENT, SAICA

35
ASSOCIATION PAGES ENTERPRISE RISK Feb 10

IRF

Taking the retirement industry


into the future
Enterprise Risk spoke to Shantha Padayachee, president of the
Institute of Retirement Funds, about the organisations role in the future
of the industry.

The Institute of Retirement annual IRF conference is the biggest event in we are ready to proceed with renewed focus
Funds (IRF) represents retirement funds in the industry, while popular practical work- into the future.
South Africa. Membership is voluntary, al- shops are presented during the year.
though its value cannot be overemphasised Despite its important role, the IRF is self- HARNESSING INDUSTRY EXPERTISE
given the dynamic nature and increas- funded. There have been suggestions that One of the reasons behind the proposed re-
ing complexities of the current retirement the FSB should make membership compul- structuring was a misperception that the IRF
landscape. sory, since the entire industry benefits from is biased towards service providers. Howev-
Essentially, the IRF provides individual re- the IRFs activities. Indeed, even the gov- er, service providers are included in the IRF
tirement funds with a collective voice in in- ernment bodies such as the FSB and SARS, membership for a very valid reason.
teractions with statutory bodies such as the which simply do not have sufficient resourc- Padayachee explains that service provid-
FSB, SARS, the Department of Social Devel- es and are removed from the industry issues, ers are the employers of choice for the very
opment (DSD) and the National Treasury. are dependent on the IRF for expertise and best legal and technical experts in the small
guidance. The IRFs legal and technical com- local retirement fund industry. These retire-
FAR-REACHING IMPACT mittee plays an important role in assisting ment fund specialists have their fingers on
The IRF currently has around 900 members, these statutory bodies to understand the the pulse of local developments and are able
including retirement funds, trustees, legal implications and ramifications of various to fund research on international trends and
and technical experts from various service legislative initiatives and regulatory inter- access experts from overseas jurisdictions.
providers, pension lawyers, asset managers, ventions. In essence, they help government They also have many years of experience
risk managers, asset consultants and more. create solutions. dealing with the real practical issues, and
Members enjoy significant benefits includ- The legal and technical committee also with the regulators. Their experience and
ing a voice in discussions around legal and has a proactive approach meeting with the expertise are an invaluable resource which
regulatory reforms, quick access to industry various regulatory bodies quarterly to dis- benefits the entire industry.
expertise and up-to-date information. The cuss issues and proposals for amendments to The IRF is served by 18 non-remunerated
existing legislation and regulations are sub- board members. The secretariat features just
mitted to address identified problems. five permanent members to represent of
interests of an estimated 8 000 retirement
GLANCING BACK funds.
The IRF has not featured strongly in the For this reason, the expertise and indus-
public eye, as a result of the FSBs decision try resources brought by the legal and tech-
to split the IRF into two bodies representing nical experts at the service providers on a
trustees and service providers, and to trans- voluntary basis are crucial. Likewise the IRF
form the board to be more representative. provides a crucial platform for coordinated
The funding for this transformation ini- interaction with the regulators.
tiative did not materialise, leaving the IRF
in limbo, so to speak, from a public relations LOOKING AHEAD
perspective, explains Padayachee. Never- Although we continued to play a crucial role
theless, during this time the IRF continued to behind the scenes over the last few years,
fulfil its crucial role in the industry and now our new, more representative board can now
assume a more public role in the industry,
Shantha Padayachee has served the
retirement fund industry as an attorney to ensure that the interests of our members,
for a number of years and became and ultimately the beneficiaries of the retire-
president of the Institute of Retirement ment funds, are protected and served in the
Funds in 2009 best way possible, says Padayachee.

36
ENTERPRISE RISK Feb 10 ASSOCIATION PAGES

FIA
FIA welcomes new CEO
The FIA received many applications and has worked extensively in both local and
from senior executives for the CEO position global markets a factor which will serve
but was particularly impressed with Manies both the FIA and its members well.

About management
prior experience and success with manag- The FIA board recognised that in the rap-
ing another national industry association idly changing world of financial services, it
the South African Meat Industry Company was important to appoint an individual who
(SAMIC), says FIA president, Arnold van is unhindered by stereotypical industry ap-
der Linde. proaches and is therefore able to bring fresh
Booysen is credited with transforming perspective and insights, says Van der Linde.
South Africas meat industry, which was Solutions to our current challenges lie in
faced with a number of transitional chal- creative thinking and not in fixed historical
lenges some time back. During his tenure perspectives.
with SAMIC, among other achievements, Booysen is respected for his strong man-
Manie was awarded a certificate of apprecia- agement, leadership and relational skills and
tion from the director general for the Depart- will take the FIA into a new era. Manie will
ment of Agriculture for achievement in BEE be supported by an excellent team at the FIA
projects, says Van der Linde. Booysen, who and together, they will reshape the associa-
holds a BCom degree, also spent a number tion and ensure it meets members needs and
of years with Armscor, Renwick, subsidiaries makes a positive contribution to remodelling
within Malbak and other firms. He has been the insurance and assurance landscapes in Newly appointed FIA CEO,
responsible for the turnaround of companies our country, says Van der Linde. Manie Booysen

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is the ofcial maga- Services SA Risk
zine of the Institute of supports serves the information
Municipal Engineering a network of rescue and communication
of Southern Africa and and disaster manage- needs of the occupa-
focuses on infrastruc- ment operators and is tional health, safety,
tural development and the ofcial journal of and environmental
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Local Water & Inside Mining


Government Sanitation takes a look at the heart
Supplier, the an- Africa is the ofcial of mining in Africa,
nual yearbook to IMIESA magazine of the Water with industry experts
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ideal platform for com- Africa and is circulated Aki Wilhelm who add
munication between to a carefully-targeted a unique voice to the
industry organisations audience of decision publication, making it
and local and provincial makers, focusing on the most sought after
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Published annually news and products in the mining industry.
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MARKET NEWS ENTERPRISE RISK Feb 10

GREEN BUILDINGS

Re-energising tired assets to reduce operating costs


With uncertainty in the economy,as well as increasing environmental pressures and changing legislation, making the
most of existing buildings is an important priority for both public and private owners and occupiers.

While existing buildings running costs will increase further, SIX STAGES OF RETROFIT stages of a retrofit. For those who
are valuable assets fundamental buildings will be penalised for Determine your baseline. realise the benefits of maximising
to a successful operation, they poor performance, competitive Review your building value by refreshing building stock
consume significant energy, advantage will decline and users maintenance and operational which is no longer performing in
resources and investment. In fact, will look elsewhere. According issues. line with market expectations, the
buildings use around 40% of energy to international engineering and Establish your targets and goals. Green Building Council of South
worldwide and with over 90% of the consulting group, Arup, greener Decide on an appropriate level of Africa (GBCSA), together with Arup,
building stock already existing, it is buildings also hold exciting refurbishment. has published Existing Buildings
Select your optimal upgrade
imperative that the current building prospects for urban areas. Survival Strategies. The publication
initiatives.
stock becomes more efficient Increasing the useful lifespan, as details the process of retrofitting
Implement the strategy.
and reduces carbon emissions to well as the commercial and visual existing buildings to become
combat global warming. value of existing buildings will not Property owners and managers greener and more efficient. The
Getting more from existing only benefit owners and users; but who want to green their current publication has been supported
buildings will benefit users, the will act as a catalyst to rejuvenate buildings will find that the by Eskom and has a major focus
community, the environment, decaying and unsafe urban challenge is not as enormous on energy efficiency, while also
business and the bottom line. environments to the benefit of all at it may seem if the process is addressing issues such as water,
Conversely, inaction means that community stakeholders. planned according to the six main management and waste.

MEET THE WINNERS

Sixth annual Top Women Empowerment Awards


The sixth annual Top Women Awards recently honoured South Africas corporate pioneers, government employees
and entrepreneurial heroes at the forefront of gender equality.
The annual Top Women TOP GENDER EMPOWERED ORGANISATIONS
Awards are an opportunity Top Gender Empowered Company: Mining, Engineering and Construction SEW Eurodrive
to celebrate companies and Top Gender Empowered Company: Science, Pharmaceuticals and Health Sechaba Medical Solutions
individuals who contribute to the Top Gender Empowered Company: Transport Hauliers Consortium
empowerment of women, who Top Gender Empowered Company: Financial Services PricewaterhouseCoopers
inspire transformation and who Top Gender Empowered Company: ICT Nashua Mobile
strive to effect change through Top Gender Empowered Company: Business Support Services Adams & Adams
their business practices and within Top Gender Empowered Company: Emergent Companies and SMMEs Three City Events
communities. National, Provincial or Local Government Department Department of Public Works
AND THE WINNER IS Government Agency or Parastatal Gender Links
Sechaba Medical Solutions, one of Top Women Owned Company Voltsing Electrical
the leading South African health
administrators and the first 100% INDIVIDUAL AWARDS
black-owned administrator in the The Honorary Lifetime Achievement Award Joyce Piliso-Seroke
country was announced as the Top Woman of the Year in Business Johanna Mukoki, Travel with Flair
overall winner of the prestigious Top Woman Entrepreneur Jacqueline Carrol, Media Works
Top Gender Empowered Company Top Young Woman Entrepreneur Johanna Mukoki, Travel with Flair
award. In addition, Sechaba also Top Woman Executive Judy Van Es, Murray & Roberts
scoped the award in the Top Top Woman in the Public Sector Hendrietta Ipeleng Bogopane-Zulu, Department of Public Works
Gender Empowered Company:
Science, Pharmaceuticals and
Health Category. INDEX TO ADVERTISERS
Sechaba has a total female staff Chartis Insurance 2 Frontfoot ( New Company Lombard Insurance 18/19
CQS IFC Act & King III 33 New Companies Act 23
complement of 78% with 69% in
Credit Guarantee 11 IDI Technologies 41 Miningne.ws 37
management and 20% of their Cura Software 1 In-House Council 15
Protection of Personal
board of directors and shareholders Directors Forum 2010 27 Liberty Corporate OBC Information Bill 21
are female. Lombard Insurance 17 Sechaba Medical 13

40
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