Team size: 15

How do you see the general counsel role evolving in South Africa over the next five-ten years?

I think that the general counsel role in South Africa will start to mirror that of the US and UK. We will start to see general counsel have seats at the C-Suite table and be on more boards of directors.

I also think the role of the general counsel will evolve into that of chief legal officer. This will require general counsel to become more operationally invested in the organisation to ensure that the solutions that are produced are commercially, operationally, and legally effective. With the advent of AI, it will also require a broader type of thinking around processes and resource management.

What are some of the main trends impacting your industry in South Africa?

The proactive approaches of various regulators have had a marked change on the legal regulatory landscape. For example, the Competition Commission has conducted several market inquiries, and it appears there are more inquiries to come. This approach has seen a change from the Commission merely waiting for complaints to actively investigating various industries.

We have also seen the Information Regulator and Financial Intelligence Centre proactively engaging the public and various industries around compliance with the applicable legalisation. This approach by the regulators will now place greater emphasis on general counsel to ensure that their teams are adequately skilled and staffed.

What are some of the key developments that have affected your business over the past year?

The announcement by the Financial Action Task Force that South Africa had been grey listed was a massive development that resulted in changes to Finance Intelligence Centre Act. Several organisations became Accountable Institutions for the first time and now have to comply with new provisions of the Finance Intelligence Centre Act.

For my organisation this meant that we required greater collaboration among the compliance, legal and business departments to understand the requirements of FICA; establish controls, policies, and processes for the organisation (including review of current provisions of contracts, sanctions screening); and ensure that we created awareness within the business through training, alerts, and engagements.

How do you suggest in-house lawyers build strong relationships with business partners?

I always tell my teams that they need to become ‘business lawyers’; 50% lawyer and 50% business partner. In-house lawyers need to move away from the stereotype of being cost centres and become business enablers.

Do not just say no all the time; devise alternatives that are lawful, relevant, and practical. This can only be done if the in-house lawyer fully understands the business from an operational, finance and commercial prospective.