A1261486811dotrP

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