Legal and company secretary | ACTOM
Jaco Theunissen
Legal and company secretary | ACTOM
Team size: Seven
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?
During times of instability or crisis, it is essential to remain composed, methodical, and objective, not only for the benefit of your immediate team but also for all stakeholders involved. A manager’s ability to regulate emotions and maintain a steady presence reassures others and fosters a sense of stability in uncertain situations. While attention to detail is crucial in high-pressure environments, it is equally important to step back and maintain a strategic outlook, ensuring that immediate actions align with long-term goals.
Challenges must be approached systematically, step by step, without rushing to conclusions. This approach breaks complex issues into manageable components, enabling effective problem solving and sound decision making. At times, personal involvement, what some might call “getting your hands dirty,” is necessary to drive progress and resolve issues swiftly. However, it is vital to strike the right balance between delegation and direct involvement, empowering teams while offering guidance when needed.
From experience, I’ve observed that today’s crisis often replaces yesterday’s, underscoring the importance of resilience. Challenges should be regarded not as disruptions but as constants, each offering a unique opportunity to gain experience, adapt, and improve.
There is a common saying that “great ideas die at legal,” reflecting the perception that legal functions can be overly risk-averse and impede innovation. While there may be some truth to this, our role is not to eliminate risks but to mitigate them or find creative ways to navigate around them.
In my case, engineers and sales teams are the primary revenue drivers, functioning as the company’s rainmakers. However, it remains our responsibility to ensure that every opportunity is evaluated not only from a legal perspective but also through a commercial lens. This requires innovative thinking, balancing risk with reward, and aligning solutions with shareholder expectations to still maintain profitability.
Achieving this level of impact requires a practical, business-oriented mindset. Legal counsel must go beyond theoretical analysis by grounding decisions in a deep understanding of the business’s core operations, the nature of the work, and the specific market forces that shape opportunities. This fusion of legal expertise, business acumen, and market intelligence ensures that we not only protect the business from risks but also unlock growth opportunities and add value across all fronts.
What are the main cases or transactions you have been involved in recently?
Our legal team plays a vital role in supporting many divisions, comprising more than 50 business units and several local and foreign subsidiaries within the group. We offer daily assistance in various legal and commercial affairs, including but not limited to tenders, contracts, commercial activities, corporate matters, labour issues, and dispute resolution. Additionally, we manage company secretarial affairs for the group across multiple jurisdictions, ensuring statutory compliance and engaging stakeholders to align various expectations, including those of employees, shareholders, and lenders.
In summary, our recent achievements include a number of exciting projects.
We have successfully navigated negotiations to secure and implement turnkey construction contracts, with values extending up to R8 billion. These contracts are diverse, covering industries such as renewable energy, power, and manufacturing. Our approach involves the use of established industry forms like NEC and FIDIC, complemented by the customisation of terms and conditions tailored to the unique needs of each project.
We have successfully established subsidiaries in Southern Africa and East Africa after conducting thorough research into the distinctive business environments of each region. This involved a meticulous examination of market dynamics, regulatory frameworks, foreign exchange regulations and local business practices. Our approach ensures that our operations are not only compliant with regional requirements but also well-aligned with the specific nuances and opportunities present in these diverse markets, laying the groundwork for sustained success in Africa.
We have achieved successful resolutions for a variety of disputes, addressing issues both locally and internationally through an initiative-taking, problem-solving approach. The emphasis has been on avoiding prolonged and costly litigation, opting instead for amicable settlements. These resolution processes have involved intricate transactions, necessitating in-depth negotiations to accommodate the diverse needs of all involved parties across different jurisdictions, in some cases. Our commitment to finding mutually beneficial solutions has been instrumental in fostering positive outcomes in complex and multifaceted dispute scenarios.
We have instituted and consistently upheld robust corporate governance practices within the entire group, a conglomerate with a workforce exceeding 7000 employees. This involves a comprehensive ethical framework to ensure that our operations adhere meticulously to both legal requirements and high ethical standards. Our commitment to effective corporate governance extends across all facets of the group, promoting transparency, accountability, and ethical conduct at every level.
How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?
Fostering a corporate culture that supports ESG principles requires leadership by example. This is the approach I adopt. When the internal legal team downplays the importance of ESG, that mindset can quickly filter through the group. Conversely, when legal actively promotes and encourages positive attitudes toward ESG, the rest of the group is more likely to follow.
While environmental initiatives are a key component the scope extends far beyond sustainability efforts. It also encompasses social responsibility, not only through contributions to local communities but by prioritising the well-being of employees, with a particular focus on mental health and creating a safe and secure working environment. Embedding these principles across the group requires leadership guided by a strong moral compass, ensuring both commitment and accountability at every level.
Leading with integrity and demonstrating a genuine commitment to ESG inspires others to follow suit, creating a ripple effect that strengthens efforts across the group. This approach not only ensures compliance but also positions the company to seize new opportunities and deliver long-term value.
How do you manage and motivate your legal team to ensure high performance and professional growth?
I ensure each team member understands how their role aligns with broader business objectives by setting goals and expectations. I furthermore aim to empower team members with the autonomy to make decisions within their areas of expertise, fostering confidence, accountability, and ownership.
Regular feedback, both constructive and positive, is essential to maintaining momentum and motivation. Recognising achievements further reinforces engagement and drives continued effort.
Professional growth is a priority, and I aim to provide opportunities for development through training, mentorship, and cross-functional collaboration, encouraging team members to step outside their comfort zones. This broadens their skill sets and exposes them to different aspects of the business.
I promote open, transparent communication, maintaining an open-door policy where team members feel comfortable discussing challenges and bouncing ideas. This builds trust and ensures they feel supported.
Lastly, I prioritise well-being by managing workloads and encouraging a healthy work-life balance, understanding that sustainable performance depends on maintaining both professional focus and personal well-being.