The Standard Bank KZN Top Business Leaders award is an honorary award given to a business person who has demonstrated exemplary business achievement, industry influence and is a true inspiration to others. The 2018 award was given to Imtiaz Sooliman the founder, director and chairman of Gift of the Givers, a disaster relief agency, which has been in existence for 26 years. Sooliman commented, 'It is a great feeling tonight to have this honour amongst a group of highly qualified business people in KwaZulu-Natal. I never expected to get this award, I am an NGO which deals with humanitarian activities. I feel very humble and special. I feel fabulous that this will open up opportunities to deal with many more businesses in KwaZulu-Natal so that we can help many more people in this country, in the continent and in the world.' Sooliman says that he is driven by his motto and that of the Gift of the Givers which is simple. The motto states: 'Best Among People are those who Benefit Man kind.' Thus far the Pietermaritzburg headquartered organisation has disbursed in excess of R2,1 billion in aid to needy individuals and communities. Gift of the Givers has delivered lifesaving aid in the form of search and rescue teams, medical personnel, medical equipment, medical supplies, medicines, vaccines, antimalarial medication, high energy and protein supplements, food and water to millions of people in 42 countries, South Africa included. The organisation, due its staff and infrastructure, has extended its activities beyond providing disaster relief to 21 categories of projects. These efforts have earned Gift of the Givers, 124 individual and organisational accolades and awards, including four Presidential awards. Dr Sooliman commented that the work of the organisation is done through him and not by him and out of a sense of gratitude that he Dr Imtiaz Sooliman takes home the Standard Bank KZN Top Business is not in a situation of need.

The annual Standard Bank KZN Top Business Awards will take place at a hybrid event at the Radisson Blu Hotel uMhlanga on 27 July 2022. The awards celebrate the success of businesses, large and small, and honour their achievements in a range of categories. To be eligible for a category award, entrants need to demonstrate how their companies have embraced the principles of the King IV Report on Corporate Governance in South Africa 2016. Factors such as stakeholder relations, environmental sustainability, social responsibility, and quality of governance are all considered in the formal judging process. In order to reflect the challenges of the past two and a half years, the categories to be awarded in 2022 are as follows: • Business Innovation • Entrepreneur Resilience • Digital/system Implementation • Employee Wellbeing • Small Business Start-up (in response to Covid-19) • Community and Social Responsibility Initiative • KZN Top Brand • Business Personality of the Year Entries for the Standard Bank KZN Top Business Awards close on 1 July. To enter visit www.kzntopbusiness.com The Standard Bank KZN Top Business Brand Award is much coveted each year and is awarded by public vote only. The current top twenty: 1. Hollywoodbets 2. The Sharks 3. Blue Security 4. Supertech Group 5. Woodford Car Hire 6. uShaka Marine World 7. SLG (Pty) Ltd 8. Afros Chicken Shop 9. East Coast Radio 10. Tyson Properties 11. LHL Engineering 12. Cox Yeats Attorneys 13. Icebolethu Group 14. Capitol Caterers 15. Amazulu Football Club 16. Hirsch’s 17. DRG 18. Beekman Group 19. Spar SA 20. Imperial Armour How to Vote SMS the letters KZN to 33808 to vote for the Standard KZN Top Business Brand 2022. You will be prompted to provide your name and surname and then to enter the name of your top brand. Show us how much your business means to you. You may enter as many times as you like (And get your employees, clients, families, friends and other stakeholders to vote. A cost of R1.50 per SMS will be incurred. Furthermore, if you subscribe to the KZN TOP BUSINESS CHANNEL you could win... one of these three super prizes: · One of two one-night stays for two people at the new Radisson Blu Hotel, Durban Umhlanga · A two night stay for two people at the new Radisson Blu Hotel, Durban Umhlanga Voting closes on Sunday 24 July at 10 pm. ​​​ Join us each Wednesday in July at 6.30pm for the Standard Bank KZN Top Business Brand 2022 current rankings KZN TOP BUSINESS CHANNEL For more information contact tracy@topbusiness.co.za

The annual Standard Bank KZN Top Business Awards will take place at a hybrid event at the Radisson Blu Hotel uMhlanga on 27 July 2022. The awards celebrate the success of businesses, large and small, and honour their achievements in a range of categories. To be eligible for a category award, entrants need to demonstrate how their companies have embraced the principles of the King IV Report on Corporate Governance in South Africa 2016. Factors such as stakeholder relations, environmental sustainability, social responsibility, and quality of governance are all considered in the formal judging process. In order to reflect the challenges of the past two and a half years, the categories to be awarded in 2022 are as follows: • Business Innovation • Entrepreneur Resilience • Digital/system Implementation • Employee Wellbeing • Small Business Start-up (in response to Covid-19) • Community and Social Responsibility Initiative • KZN Top Brand • Business Personality of the Year Entries for the Standard Bank KZN Top Business Awards close on 1 July. To enter visit www.kzntopbusiness.com The Standard Bank KZN Top Business Brand Award is much coveted each year and is awarded by public vote only. The current top twenty: 1. Hollywoodbets 2. The Sharks 3. Blue Security 4. Supertech Group 5. Woodford Car Hire 6. uShaka Marine World 7. SLG (Pty) Ltd 8. Afros Chicken Shop 9. East Coast Radio 10. Tyson Properties 11. LHL Engineering 12. Cox Yeats Attorneys 13. Icebolethu Group 14. Capitol Caterers 15. Amazulu Football Club 16. Hirsch’s 17. DRG 18. Beekman Group 19. Spar SA 20. Imperial Armour How to Vote SMS the letters KZN to 33808 to vote for the Standard KZN Top Business Brand 2022. You will be prompted to provide your name and surname and then to enter the name of your top brand. Show us how much your business means to you. You may enter as many times as you like (And get your employees, clients, families, friends and other stakeholders to vote. A cost of R1.50 per SMS will be incurred. Furthermore, if you subscribe to the KZN TOP BUSINESS CHANNEL you could win... one of these three super prizes: · One of two one-night stays for two people at the new Radisson Blu Hotel, Durban Umhlanga · A two night stay for two people at the new Radisson Blu Hotel, Durban Umhlanga Voting closes on Sunday 24 July at 10 pm. ​​​ Join us each Wednesday in July at 6.30pm for the Standard Bank KZN Top Business Brand 2022 current rankings KZN TOP BUSINESS CHANNEL For more information contact tracy@topbusiness.co.za

David White had the wonderful pleasure of joining some of KwaZulu-Natal’s masterminds in conservation to investigate a new game reserve opportunity in northern KwaZulu-Natal called Loziba Wildlife Reserve. The game reserve exists in its primitive state, with no boundary fences, and much of the land used by animals being at the mercy of local farmers and communities. The vision for Loziba Wildlife Reserve is that the land will be rewilded and restored to its natural uncultivated state. The goal is to reintroduce species of wild animals that had been driven out or exterminated. Join us by following the links in the Loziba Wildlife Reserve website www.loziba.com and pledging your support and commitment to the Loziba rewilding project thus helping create an elephant and rhino sanctuary in northern KwaZulu-Natal and supporting a Big Five eco-tourism conservation economy. david@drg.co.za Gayle Adlam Top Business 031 2671977 083 6530465

National Health Minister, Dr Joe Phaahla, this evening repealed three regulations including the wearing of masks when in public as well as a regulation on the numbers permitted at a gathering and rules around vaccinations for people entering South Africa. Earlier this week, IOL reported that Phaahla made recommendations to the Cabinet. The minister noted a decline in the number of reported Covid-19 cases and rate of hospitalisations, the effective productive rate of the virus, the positivity rate in the number of tests done and a decline in the number of daily deaths. “We have been monitoring the epidemic working with the NICD and the current epidemiological analysis, points towards lower infection rates and that the country has exited the recent spike or 5th wave which the current limited regulations were promulgated to mitigate,” Phaahla said. Phaala is expected to join Minister in the Presidency, Mondli Gungubele, at a media briefing on the outcomes of the Cabinet meeting. The briefing is scheduled to take place at 11am. According to the latest Covid statistics, SA has recorded 1 028 new infections and 57 new deaths in the last 24 hours. The country has 13 520 active Covid cases and a recovery rate of 97.1%. Meanwhile, the decision to drop masks has been met with mixed sentiments. https://www.iol.co.za/news/covid19/bye-bye-masks-health-minister-repeals-three-major-covid-19-regulations-d7d4234a-6041-4f9b-a3f7-46ac25e538df

Having just hosted two successful major events - Africa’s Travel Indaba and the Global Conference on the Elimination of Child Labour – the Inkosi Albert Luthuli International Convention Centre (Durban ICC) is in pole position to clinch the crown as Africa’s Leading Meetings & Conference Destination. Nomination has opened for the 29th World Travel Awards™ (WTA) which rewards and celebrates excellence across all key sectors of the travel, tourism and hospitality industries. The WTA brand - also known as the “Oscars of the travel industry” - is recognised globally as the ultimate hallmark of industry excellence. Voting has opened in the various categories for the Africa region. Winners in the regions (Europe, Asia, Oceania, Middle East, South America, Central America, North America, Africa, Indian Ocean & Caribbean) will go head-to-head for the world awards. Travel industry professionals, the media and consumers are invited to cast their votes for travel brands - such as Durban ICC - that they consider to be the very best in Africa. The nominee gaining the most votes in a category will be named as the winner. Durban ICC has been nominated as Africa's Leading Meetings and Conference Destination 20 times and has been voted the winner in this category no fewer than 17 times. The state-of-the-art venue has also been nominated the World's Leading Meetings & Conference Destination for the past 10 years. Lindiwe Rakharebe, Chief Executive Officer, Durban ICC, said the convention centre will be going all out to bring the trophy home, yet again. “Despite the lockdowns forcing the Durban ICC to mothball itself, when restrictions were eased, we worked diligently to reduce the impact of the COVID-19 pandemic and maintain business continuity as far as was possible under the dire circumstances. “We have just completed two major back-to-back events which tested all our systems and the verdict is that the Durban ICC is ticking over like a well-oiled machine.” She said the Durban ICC met all its performance targets and exceeded targets in many instances. “Competing and winning - be it for events or awards – is in the DNA of the Durban ICC. We are thrilled to have been nominated in the Africa round and hope to also vie for the global award as it will raise Durban’s destination profile for business tourism and will help the Durban ICC to attract more international events to the city. “This will create more jobs and generate positive economic impact for KwaZulu-Natal and South Africa. “Winning awards is a visible demonstration of all the behind-the-scenes hard work from the Durban ICC teams and people whose principal focus is to continuously provide world-class customer service to clients, both local and international. “It is for this reason that the close-knit team strives to maintain the Durban ICC strong inherent culture of warmth and hospitality that we are known for and strives to ensure that each guest leaves the Durban ICC happy and satisfied with the service received,” said Rakharebe. Cast your vote now for the Durban ICC by clicking on this link: https://www.worldtravelawards.com/vote and help raise the international profile of the city’s world-class conference and event destination.

Information Systems and Technology graduate and founder of Asante Solutions Mr Muhle Ndwalane is on the 2022 Forbes Africa 30 Under 30 list. The list, compiled annually by Forbes Africa, features 30 of the continent’s brightest achievers under the age of 30 from the health, business, technology, creatives, sport and science sectors. Making the list at the age of 23 in recognition of being a top-class entrepreneur and digital strategist was a life-changing achievement for Ndwalane. ‘I am incredibly proud to be selected as one of the brightest young innovators leading a new era of change in Africa. This is a testament that the work we do is really impactful, Asante Solutions has grown!’ he said. Another achievement for Ndwalane is being elected as a member of the 2021 cohort of Africa’s Brightest Young Minds which is an alumni network of entrepreneurs (aged between 22 and 35) from more than 18 African countries. Ndwalane’s entrepreneurial pursuits began as a UKZN student when he joined Enactus UKZN, an international student society that uses entrepreneurship as a tool to address various socio-economic challenges. He represented UKZN at the Enactus World Cup in the United States in 2018 and went on to serve the society as the Executive President in 2019/2020, pioneering COVID-19 responsive solutions that won the Global Ford Fund Challenge. Apart from his involvement with Enactus, Ndwalane started selling Wa Azania Aroma perfumes to students and staff. In 2017, he founded Asante Solutions which he ran while studying and then co-founded Clinaytics, a health tech start-up in 2019. ‘Life as a student was an amazing journey filled with great lessons and experiences, enabling me to learn and meet various great people who I have established really valuable relationships with,’ said Ndwalane. He was also recognised as one of the Top 40 UKZN Students who inspire greatness based on his contributions to the Institution which went beyond his academic achievements in 2018 and 2019. ‘I believe my UKZN qualification is worthwhile as the world is moving more into a digital era and technology is being integrated in almost every industry. ‘Today, Asante is a thriving business as we use our background in information systems and technology to develop bespoke digital transformation solutions that help improve businesses and people’s lives.’ To learn more about Asante Solutions visit: www.asantesolutions.co.za Article by UKZNDABAonline

The Inkosi Albert Luthuli International Convention Centre in Durban is hoping to turn its winning streak in the World MICE Awards into a phenomenal hat-trick. The Durban ICC has been nominated for South Africa's Best Convention Centre 2022, and if it wins, will be entered in the Africa category. The iconic venue was chosen Africa’s Best Convention Centre in 2020 and 2021 at the World MICE Awards. One of the greatest legacies Nelson Mandela gifted to Durban – and even KwaZulu-Natal and South Africa – was when he cut the ribbon in the late afternoon of Friday 8 August 1997 to officially open the Durban ICC. The World MICE Awards is a global initiative to recognise and reward excellence in the meetings, incentives, conferences and exhibitions industry and the results follow a year-long search for the world’s leading MICE brands. Votes are cast by MICE industry professionals and the public in 100 countries, with the nominee gaining the most votes in a category named as the winner. The Durban ICC has also been nominated as Africa’s Leading Meetings & Conference Destination for the 29th World Travel Awards™ (WTA). The annual World MICE Awards programme - a sister event of the prestigious WTA - was launched in 2020 and aims to drive up standards within the MICE industry by rewarding the organisations that are leaders in their field. The awards event was developed in reaction to overwhelming demand from the MICE sector for a programme that was fair and transparent; a programme with a mission to serve as the definitive benchmark of excellence, and help to foster a new era of growth, innovations and best practice on a global scale. The MICE market is among the top targets in the South African government's tourism development strategy, and has grown rapidly in recent years. Lindiwe Rakharebe, Chief Executive Officer, Durban ICC, said: “Having won Africa’s Best Convention Centre in 2020 and 2021 at the World MICE Awards, we are confident of bringing home the trophy to Durban for South Africa's Best Convention Centre, for the third year in a row. “While we are thrilled beyond measure, the accolades are also testament to the Durban ICC’s team working hard to deliver exceptional event experiences to each and every client. “Hosting two successful major events back-to-back - Africa’s Travel Indaba and the Global Conference on the Elimination of Child Labour – affirms our commitment to world-class service excellence and has cemented our reputation as the best convention centre on the African continent.” She said the convention centre had worked diligently to reduce the impact of the COVID-19 pandemic and maintain business continuity as far as was possible under the dire circumstances. “Winning awards is a visible demonstration of all the behind-the-scenes hard work from the Durban ICC teams and people whose principal focus is to continuously provide world-class customer service to clients, both local and international. “It is for this reason that the close-knit team strives to maintain the Durban ICC strong inherent culture of warmth and hospitality that we are known for and strives to ensure that each guest leaves the Durban ICC happy and satisfied with the service received,” said Rakharebe. Voting for South Africa's Best Convention Centre 2022 will run from 1 June – 26 August 2022. Members of the MICE community or MICE consumers can vote for who they consider to be the best in the industry. Votes can be cast online .

Guided by the University of KwaZulu-Natal's Corporate Relations, Asante Solutions was part of the team tasked with capturing and telling authentic African stories of proud and celebratory moments during the 2022 University of KwaZulu Natal (UKZN) graduation ceremony which ran from 4-21 May 2022. And with this year marking the first time in two years that students were able to celebrate in-person graduations (due to the Covid-19 pandemic), it is no surprise the campaign racked up heaps of excitement and engagement from over 8,000 graduates. Coupled with that, the graduation ceremonies were preceded by the inauguration of the new chancellor, Dr. Reuel J. Khoza, who is described as a distinguished leader and change agent at the forefront of transformation in South African. “We embrace storytelling. We use the power of technology to do this instantly and distribute content globally. All digital tactics we implement are data driven, from the social listening we do and insights derived across all platforms,” comments Muhle Ndwalane, managing director of Asante Solutions. The company executed a brief from UKZN’s corporate relations division, the brains behind the UKZN graduation media and communications strategy. This innovative strategy has seen UKZN graduation ceremonies dominating mainstream and social media space over the past couple of years “Integrating with the UKZN corporate relations division team is an amazing experience as we are able to work in harmony and seamlessly achieve multiple goals that increase the UKZN brand value. The success of the #UKZNGrad2022 is a testament to that, as we were able to instil pride on all stakeholders and increase the number of prospective students.” Through the execution of the humancentric and authentic marketing strategy adopted by UKZN, Asante Solutions contributed to putting the UKZN brand on the map by highlighting touching celebratory moments of students and parents, jubilations and ululations that saw the UKZN hashtag #UKZNGrad2022 topping the Twitter trends list in first place for three consecutive days with over 12 million impressions, and having other social media accounts (Facebook, Instagram, LinkedIn, and Tik Tok) reaching millions of people. The UKZN TikTok account in particular was opened on 4 May, the first day of the graduation, and has now gained more than 52,000 followers and over three million views in less than a month due to the authentic content that has been developed during the graduation season.

We have established a dedicated company and trust secretarial service. Julianne Ankadu, who has worked in the Commercial Department for the last 14 years, heads up this service offering and can be contacted on jankadu@coxyeats.co.za and cell: 0798963929. Our company secretarial service includes: · Company registrations · Conversion of close corporations · Updating the board of directors · Changes to the name of a company · Changes to the address of the company · Changes to the auditors · Changes to a company share capital · Registering and amending the MOI of a company · Purchasing of a shelf company and ancillary changes · Liaising with CIPC through their enquiry system to lodge company related queries · Preparing shareholder and director resolutions and attending to the filing of special resolutions · Requesting of a company’s stored documents through CIPC’s enquiry systems. These services have become more efficient through the use of CIPC’s e-Services platform. Our trust administration service includes: · Maintenance of trust records · Preparation of trustee resolutions · Registration of new trusts · amendments to the trust deeds · Obtaining new and amended letters of authority Tel: 031 536 8500 | Jhb: 010 015 5800 KZN Address: Ncondo Chambers, 45 Vuna Close, Umhlanga Ridge, Durban Postal Address: P O Box 913, Umhlanga Rocks, 4320 Gauteng Address: 4 Sandown Valley Crescent, Sandton, Gauteng, 2196 Website: www.coxyeats.co.za

INTRODUCTION The resolution of disputes by means of arbitration requires that there be an agreement between the disputing parties to that effect. Absent agreement, the default mechanism for resolving disputes is by means of legal proceedings. What happens if there is a dispute about the existence of the arbitration agreement that one of the disputing parties wishes to rely on for purposes of the determination of a dispute? The Supreme Court of Appeal (“SCA”) recently delivered a judgment which provides useful insight into this question. BACKGROUND FACTS In 2013 the Qwaha Trust (“the Trust”) requested Canton Trading 17 (Pty) Ltd which traded under the name Cube Architects (“Cube Architects”) to accept appointment as Principal Agent for a contract relating to the expansion of a mill owned by the Trust in Bloemfontein. In March 2014, a month after Cube Architects had orally accepted appointment to act as Principal Agent for the mill project, its attorneys produced a draft professional services contract incorporating a clause providing for the resolution of disputes by arbitration. Neither party signed the contract. (Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO [2021] ZASCA 163 December 2021) In August 2014 the Trust terminated its contract with Cube Architects because of defective work performed by the Contractor, which the Trust blamed Cube Architects for not preventing. The Trust declared an intention to pursue a claim against Cube Architects and, in conformity with the dispute resolution clause in the draft contract, invited Cube Architects to agree on the appointment of a mediator, alternatively an arbitrator. The Trust invited Cube Architects to agree on the appointment of a retired judge to act as arbitrator, namely Judge Hancke. Cube Architects rejected mediation but advised that it was in principle prepared to arbitrate before Judge Hancke as the arbitrator. It requested the Trust’s attorneys to prepare a draft arbitration agreement for consideration. Shortly thereafter, the Trust’s attorneys submitted a draft arbitration agreement to Cube Architects’ attorneys. A pre-arbitration meeting was convened between the parties at which the arbitration agreement was discussed. Cube Architects requested that a clause be inserted in the agreement that its terms would be subject to acceptance by its insurers. Not long after that, Cube Architects had a change of heart and conveyed to the Trust that it did not feel bound to proceed with the arbitration in that the draft professional services contract, which provided for arbitration, had never been signed. It in short denied that there was any agreement between the parties obliging it to arbitrate. HIGH COURT PROCEEDINGS The Trust applied to the High Court for an order compelling Cube Architects to submit to arbitration in relation to the disputes between the parties by virtue of the arbitration clause contained in the unsigned professional services contract. The High Court judge decided to adopt a robust approach and cut through the denial by Cube Architects that it was bound by the unsigned professional services contract which contained the obligation to arbitrate. The court said its denial of the contract was untenable and palpably implausible and ordered it to submit to arbitration. The High Court’s approach was contrary to the normal practice of a court faced with a dispute of fact on affidavit where the court will usually decline to try and resolve the dispute on paper and require that the dispute be referred to a court hearing at which the necessary witnesses can testify and be cross examined. PROVINCIAL APPEAL COURT Cube Architects appealed this decision to the Free State Provincial Appeal Court. In its appeal to the Provincial Appeal Court Cube Architects complained that the High Court had ignored the normal rule that, in application proceedings where there is a dispute of fact, the respondent’s version, in this case Cube Architects, should be accepted as correct at face value and as such the robust approach adopted by the court was not justified. The Appeal Court was unpersuaded and, in dismissing the appeal, held that firstly a signed agreement to arbitrate was not a prerequisite for a party to be bound to arbitrate, and secondly that its denial of the existence of the professional services contract was palpably untrue. SCA Undeterred, Cube Architects continued the fight and appealed to the SCA. The key issue before the SCA was whether, in the face of a dispute of fact that an agreement exists to refer disputes to arbitration, there is any basis to find that the parties had agreed to refer the dispute as to the existence of an agreement to arbitrate to arbitration (“Existence Dispute”). If not, was it then the competency of the High Court to decide the Existence Dispute? The arbitration clause in the draft professional services contract incorporated the Rules of the Arbitration Foundation of South Africa Ltd (“AFSA”) which contain a provision to the effect that an arbitrator is taken to have the power to rule on his own jurisdiction. The SCA acknowledged that parties may agree that a dispute pertaining to the validity of the agreement which contains an arbitration clause is to be itself determined by arbitration even though the arbitration clause forms part of the agreement that is subject to the validity challenge. Such an arbitration clause may be embodied in the disputed agreement or may be something agreed upon by the parties on an ad hoc basis. Where this type of agreement is not readily discernible, the problem becomes who decides the Existence Dispute, the courts or the arbitrators? The issue regarding an Existence Dispute can crystallise for the first time before the “appointed arbitrators” or, as in this case, can be the subject matter of prior litigation. In the former case, if arbitrators decide the Existence Dispute and uphold the arbitration agreement and proceed with an arbitration, ultimately that decision will be subject to scrutiny by the courts when there is an attempt to enforce the arbitration award. SCA ANALYSIS The SCA explained that there are two approaches that can be followed in resolving the Existence Dispute conundrum: • the first is based on separability; and • the second is based on the principle of competence-competence. In relation to separability, although it might seem logical that if the agreement embodying the arbitration clause is invalid the Existence Dispute cannot be determined in terms of that clause, that is not inevitably so. There have been cases where the court has found that the arbitration clause in an agreement is a self standing agreement distinct from the main contract of which it forms a part. In such cases the court will leave it to the arbitrators to decide the controversy. (Known as Kompetenz-Kompetenz which has its origins in German law.) In some cases arbitration clauses are framed so as to allow the question of the validity, enforceability or indeed the very existence of the contract of which they form a part to be decided by arbitration. In such cases courts will defer to that interpretation and leave the decision to the arbitrators. The principle of competence-competence means that: • arbitrators enjoy the competence to rule on their own jurisdiction and need not stay the proceedings pending a court decision on the subject; and • where arbitrators have been seized of the question, a court will not try and rule on the issue. The SCA noted that the principle has not been applied in our courts but that there is no reason why in appropriate cases our courts should not uphold the principle of competence-competence. SCA DECISION The SCA decided that the separability principle found no application in the case despite the fact that the AFSA Rules, incorporated into the arbitration clause, allowed for arbitrators to determine their own jurisdiction. This because the very existence of the agreement incorporating the AFSA Rules was hotly disputed by Cube Architects. Leave aside that the AFSA Rules do not expressly purport to confer on an arbitrator the power to determine the very existence of the main contract. The SCA concluded that, where submission to the AFSA Rules is disputed, then it could not countenance a referral of the Existence Dispute to an AFSA arbitrator. In the opinion of the SCA the High Court had fallen into error in undertaking an assessment of the probabilities as to whether the professional services contract existed. It should have decided simply whether to dismiss the application or to refer it for the hearing of oral evidence so that the factual dispute could be properly decided. Accordingly, the SCA upheld the appeal and referred the matter back to the High Court to decide whether the application should be dismissed because of the dispute of fact which was not soluble on the papers or whether to refer the application for the hearing of oral evidence. The final score in the result was four judges for the Trust and five against. CONCLUSION Arbitrators faced with a challenge as to their jurisdiction on the basis that the underlying arbitration agreement is invalid or never came into being should apply their minds to the issue and make up their own minds as to the validity of the challenge. They should not simply without more abdicate to a court to rule on the issue. They may decide that the separability principle applies or that invoking the competence-competence principle is justified. ( Zhongji Development Construction Engineering Co Ltd v Kamato Copper Co SARL [2014] ZASCA 160) If an arbitrator proceeds on the basis that the arbitration agreement is valid, there is always a risk that a court might, when the successful party applies to have the award made an order of court, refuse the application on the grounds that the arbitration agreement relied on was not binding. However, the SCA having opened the door to the competence competence principle being accepted into our law hopefully makes this scenario less likely. ALASTAIR HAY COX YEATS Direct Tel: 031 - 536 8508 E-mail: ahay@coxyeats.co.za

I had the great joy of an hourlong meeting with Professor Mervyn King, an elder in our South African business community, and a giant in global governance and sustainability. It was to be an hour that I will not forget, and will forever guide my considerations in business leadership, mentoring and economic development discussions. Having already shared some emails between ourselves speaking about our passions, work and interests, our meeting started at a fast pace. In terms of background, our work at DRG and BusinessFit has been in creating a business framework for organisations to use in assessing their organisational sustainability from Environmental, Social, and Governance (ESG) perspectives. These are contributions to the development of communities and society as a whole, supporting the respectful use of raw materials and replenishment of the environment’s natural resources, and following a governance framework of ethics and effectiveness to improve businesses contribution to the creation of a sustainable economy. The BusinessFit business assurance process considers four critical perspectives evident in every business, namely: · Leadership, ethics, and value creation · Functional area foundation and quality assurance and controls · Defined outcome intentions and stakeholder measurements · Organisational culture effectiveness and staffing engagement levels The BusinessFit business assurance and business leader mentoring process draws together aspects from the King IV governance framework, as the foundation to a leader’s and the governing body’s organisational roles and responsibilities. These focus areas aim to help ensure an ethical and effective work intention and staffing culture, community value creation and organisational productivity, suitable operational and system support applications, quality assurance, risk management and adequate controls, strategy development and implementation, business minded linkages and considerations, and a foundation of trust and legitimacy. Each business, as we know well, has its own uniqueness, and the BusinessFit model’s intention is to help identify and encourage those areas where entrepreneurs and business leaders excel, and to assist in areas where support and development is desperately needed. Having recognised that a framework detailing key focus areas is hugely supportive from a mentoring perspective, my first question to Professor King was to ask him the reason he may have considered why the economy had not adopted a stated business framework of reporting that encouraged business leaders to be aligned in meeting corporate governance principles and practices, which in turn meet organisational expectation and stakeholder outcomes intentions. The motivation of the BusinessFit framework is to improve business success in the open market, and the effect of course is well structured and well-managed businesses having a reduction in wasted resources, adding commodity value to communities, providing confidence in success expectation, and creating sustainable employment. Considering that Professor King has an unrivalled background in law, business, leadership, integrated reporting, and is known the world over as a leading resource and authority in sustainability measures and corporate governance frameworks, there is no one better in my opinion to respond to this important question and consideration. Professor King wasted no time in responding, and agreed that a common framework supporting activities and strategies to drive businesses towards meeting pre-defined outcomes is important in improving success rates of organisations in the markets – no matter how young or mature the businesses are in the economy. He explained that there was, however, a further more critical consideration, which is ethical and effective leadership from the governing body, and assurance that the organisation is free from influencers such as corruption, greed, and the like. Professor King emphasised that some of the greatest minds on earth had been drawn together over the past decades to focus on models to support ESG initiatives, integrated reporting, and the development of manageable governance frameworks. He continued by saying that although many of these fine minds brought together for this purpose of improving business effective considerations had different backgrounds and perspectives on organisational success, each had a valuable contribution to make in defining supportive business frameworks to result in more businesses being successful in the market. However, what the business frameworks do not include is human capital, except for the integrated reporting framework. Conscious corporate leadership as the collective mind of a board is the important factor. Professor King continued by saying, “One hopes that mankind does one day reach that point of evolution where in a mature and caring fashion is able to share knowledge and kindness to others that seek to establish their value creating pursuits in the economy for the betterment of communities, society, the environment, and the world at large.” Professor King went on to say that the King Committee had recognised that the best frameworks ever conceptualised needed to start with the concept that the organisation was incapacitated, and its corporate leaders were the heart, mind, soul and conscience of the company. Great value is given to organisations that meet legislative requirements and operate efficiently, as well as ensure value creation and process effectiveness. To support the aim of encouraging leaders and governing bodies to adopt ethical practices, the term Responsible Corporate Citizenship was created. Responsible corporate citizenship is recognition by an organisation, no matter its incorporation, that it has legal, social, cultural and environmental responsibilities. Being a responsible corporate citizen means being guided by moral and ethical standards in daily interactions with customers, stakeholders, and employees. Responsible corporate citizens value, monitor and beneficially affect communities and societies at large, and do not absorb more raw materials from the environment than can be replaced by nature herself in a reasonable period of time – and in a constructive manner. Responsible corporate citizenship strengthens employee engagement and commitment, raises staffing energy levels, and enhances purpose and contribution from individuals and teams within the organisation. I was not amazed by Professor King’s focus on leadership and culture as being critical in organisational success. However, I had not up to this point considered that ethical and effective leadership and meeting responsible corporate citizenship expectations was in fact more critical than providing a governance framework to guide business leaders and governing bodies towards achieving success and prosperity. The realisation of Professor King’s focus and contribution became obvious right away, as it is relatively easy for business leaders and organisational teams to follow processes to reach milestones and goals; whereas when they are empowered to make collective decisions, they do at times become subjective, and choose outcomes that positively affect their individual prosperity and hierarchal endeavours, rather that recognising their true responsibility as leaders and governing bodies for the long term best interests of the health of the organisation. As I sit at my desk now, I realise how much I have learnt from the great Professor King, and that all the good intentions we have infused into a guiding business framework and ecosystem to support successful outcomes of entrepreneurial and business outcomes is affected positively or negatively by the simple process of thinking, considerations, and actions adopted by business leaders. It is clear that maturity in the business leaders and governing bodies who recognise their role in society as critical in creating engaged work environments that include community, environmental, social, and governance considerations are the guiding lights needed to help improve our collective and economic challenges. E: david@drg.co.za