Head of legal South African device business | Huawei Technologies Africa
Samantha Heymans
Head of legal South African device business | Huawei Technologies Africa
How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?
In managing legal aspects during periods of instability or crises, the approach begins by assessing the situation to understand the key issues, risks, and potential liability. A team is then formed with individuals who have knowledge of the affected business areas. An investigation plan is compiled and implemented, ensuring that timelines are considered. Stakeholders impacted by the situation are identified, and relevant information and documents are gathered. Jurisdiction and applicable laws are carefully considered.
One designated person, preferably the general counsel, is nominated to correspond with counter-parties, avoiding multiple communication channels to prevent inconsistency. External expert legal counsel may be appointed if needed. Internal public relations are engaged to manage reputational and media concerns. Lastly, internal training, dry runs, and drills are conducted to prepare the business for similar situations in the future.
What are the main cases or transactions you have been involved in recently (you don’t have to be too specific; we just want to know the work you’ve been doing in general terms)?
Onboarding brand ambassadors and key opinion leaders, along with their associated agreements.
Implementation, analysis, and compliance with the National Environmental Waste Laws, its regulations, and the Department of Forestry, Fisheries and the Environment, including the appointment of Producer Responsibility Organisations and their respective SLA agreements, to minimise waste.
Investigation and settlement of cases with the Consumer Goods and Services Ombud (CGSO).
Drafting and reviewing Logistics and Transportation Agreements.
Legal research and compilation of legal opinions on specific provisions of the Consumer Protection Act 68 of 2008 and the Protection of Personal Information Act 4 of 2013, as they apply to the various business divisions and their requests.
What strategies do you employ to ensure the successful digital transformation of a legal department while maintaining compliance with South Africa’s data protection laws?
How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?
Balancing ESG principles and company requirements should be done in a way that is sustainable and equitable.
To foster corporate culture, it’s essential to consider the environment in which a company operates and avoid simply imposing policies that may be uneconomical or impractical.
If ESG is relevant and practical for a company, it must be carefully integrated into business operations, decision-making, and the company’s mission statement and ethos.
The policies implemented must address critical issues such as anti-bribery, environmental sustainability, and compliance with the Basic Conditions of Employment Act in South Africa. These policies must be clear, with a focus on understanding the principles and their requirements, ensuring they align company ESG values with legal obligations.
Legal should play a leading role in the implementation and adherence to these principles by conducting regular training and raising awareness among employees, which in turn supports ESG efforts.
Moreover, the Legal team should act as the key link between various departments to ensure alignment and compliance.
ESG considerations can also be incorporated into legal agreements, forming part of the compliance portfolio, and identifying ESG-related risks that may affect the business.
A committee tasked with handling reporting and violations can be established, providing employees with a safe and effective channel for communication. This committee will demonstrate that violations are taken seriously and investigated thoroughly.
In your opinion, what are the main trends that are salient in your country currently (these can be legal, political, economy or business-based)?
Brand loyalty is fundamental to any business strategy aiming to retain customers. Methods to achieve this include promotions, competitions, discounts, and coupons.
Ensuring a seamless user experience and excellent customer service within a business’s ecosystem are key to customer satisfaction, making them more likely to stay loyal and return for future purchases.
Pricing must be affordable and cater to various target audiences, while the product’s functionality and aesthetics should align with customer expectations.
Another approach to building brand loyalty is offering products that are compatible with each other, enhancing the overall value of the product range. Loyalty also thrives when the value proposition from the business resonates with the consumer, creating a shared sense of value.
Brand equity refers to how customers perceive the value of a particular brand. Marketing strategies, such as billboards, television adverts, radio, influencers, roadshows, social media, and digital marketing, all help to connect with customers through storytelling. This form of marketing focuses on building an emotional connection with the brand.
Brand equity increases when the benefits of the brand outweigh the costs. Businesses can maintain positive brand equity by adhering to their value proposition and ensuring that the experience and value customers derive from the products remain consistently positive, which helps to mitigate negative customer perceptions.
Traditional, forced marketing has been replaced by the more effective approach of storytelling marketing.
