THE POWER OF NETWORKING - PART 46

THE POWER OF NETWORKING

PART 46

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Don’t expect colleagues with similar credentials and expertise to be referral sources.”

This one always makes me smile! Don’t get me wrong, Renate is spot on the money, it’s the insecurities of the human race that makes me smile!

I’ve said this so many times, I feel like I should actually make a recording – there is enough opportunity and work out there for all of us to get more than we could possibly handle!

So what we should be doing is referring colleagues with similar credentials and expertise.

I can hear the buzzing – why? Well firstly, why not? Secondly, because by doing this you start and nurture a relationship with them, and then when they get to busy to cope with their workload, (presuming of course that you are not too busy yourself), instead of just getting new staff in to do the work that they have to train and then keep after the project is finished, the two of you could join forces in a joint venture or strategic alliance and do the work together! For me it’s a no brainer!

I honestly cannot understand what this ‘jealously guarding your clients, potential clients or any rumour of any kind of work that may be available in your area of expertise,” is all about. When you behave like this you are so focused on keeping everyone at bay, that you end up losing your clients and your potential clients too, because you have kept them at bay too!

Seriously people, there is more than enough to go around and then some – you just need to recognise the opportunity and then do something about it!

So go on, share your information, share your resources and refer as many people as you can – what will happen is that people will start referring you and before you know it, you will be so busy you won’t know what to do with yourself.

The more you give, the more you will get!

For more information on Renate, please visit her website at www.hirs.co.za

SKILLS INITIATIVE FOCUSES ON BLUE-COLLAR

This is fantastic news! We all need 'up-skilling' from time to time and it's never too late to teach and old dogs new tricks!

Skills initiative focuses on blue-collar workers
09 November 2007 at 06h00

The upskilling of blue-collar workers will continue receiving attention in an effort to increase their chances of securing employment and to alleviate the widespread shortage of skills in the country. This is the word from Kelly Industrial's managing director, Shaun Day.

Kelly Industrial last year launched a special training programme for its flexi-employees; the upskilling initiative has cost the specialist provider of human resources close on R100 000 so far. The programme, which runs every three months, identifies flexi-employees who have met a certain performance criteria and stringent selection process. "The initiative is aimed at making our staff more employable and flexible in terms of their skills," explains Day."The benefit of the initiative is two-fold; if better positions are available, our flexi-employees can apply for them at a higher rate while on the other hand our clients will be able to benefit from better skilled employees."

The programme, which costs between R2 000 to R5 000 per flexi-employee, has been a huge success according to Day: "We're not only empowering individuals but we're finding solutions to help towards South Africa's skills shortage crisis, a very real problem in the industrial recruitment sector."

The selection process for the Upskilling Initiative includes set criteria such as employee performance, punctuality, the employee's commitment to his or her job, presentability and productivity. The programme has been rolled out throughout the Kelly Industrial structure, which has operations in 14 branches across Gauteng, KwaZulu Natal, Western Cape, Eastern Cape, Mpumalanga and the Free State.

More than 12 000 flexi-employees are registered under the Kelly Industrial banner. The first and second quarter of the initiative, which included multi-skills training, defence and advance driver training, was offered by Kelly Industrial to their drivers at no extra cost. The third quarter, which will also be offered free of charge, will focus on competent health and safety training. Each Kelly Industrial account executive or project account executive, selects their top five flexi-employee candidates and motivates them to their branch manager. The branch manager then decides on the top five flexi employees to represent the branch and those names are submitted for consideration in the initiative, Day explained."The trend towards flexi-employment in South Africa has grown substantially year-on-year. "Our upskilling initiative, in which we have invested substantially, will ensure that our clients can sustain higher productivity levels, while flexi employees will be increasing their core competencies," Day concludes.

GIVE THIS DAY A PURPOSE

GIVE THIS DAY A PURPOSE


The quote today comes from Ralph Marston, who says:

“This day will soon end, yet there's a way to always preserve the value that it offers. Give this day a purpose, and make use of this day to fulfil that purpose.


With no purpose, the hours will slip by and the unique abundance of this day will quickly be gone forever. With no purpose, this day is nothing more than a meaningless span of time to be endured.


With a clear and meaningful purpose, however, this day can be transformed into a beautiful and lasting treasure. Instead of a day that will soon be forgotten, you can make it into a day that will always be remembered.


A purpose for this day will give you your very own pathway for accomplishment. A purpose for this day will help you to move past the meaningless distractions and to recover quickly from the painful setbacks.


This day is a unique moment in time. Make the most of it by focusing its special beauty and value in a meaningful and positive direction.


Give this day a purpose, and you give your life a lasting gift. Give this day a purpose, and you can add real value to your world.”


I am all for giving value and purpose to the day or even time per say. To wander around mindlessly just doesn’t make any kind of sense to me at all. I know and understand that there are days that should be written off due to lack of interest, but those should be far a few between and the exception rather than the rule.


For me, each day has a goal or at least one thing that needs to be achieved, even if the goal is to be a lounge lizard for the day.


So, plan your day, make short term goals and strive to achieve them, that way you will ensure that your day has a purpose and meaning.

KEEPING YOUR COOL WHEN HEAT IS ON

Well, it's official then! I am perfectly normal!

Keeping your cool when heat is on
John Mullins
27 September 2006 at 11h00

It's not often that people admit to losing their cool. To be honest, I don't lose mine that often. I'm not even sure at what point you qualify for losing your cool. Is it just raising your voice, or is it a full physical reaction that includes confrontation? Whatever it may manifest as, losing your cool at work can be damaging to relationships and embarrassing too when you realise how easily you have lost control of yourself.

I've been around long enough to see the most respected of leaders really lose it when the heat is turned up. Picture the scene: in walks the leader who is about to present his turn-around strategy for a business in distress to a large group of sceptical employees. You can imagine the anxiety and stress that person was already feeling, walking into the room. After a few technical glitches with slides and projectors failing, the audience soon became agitated and began to murmur. You could call this the last straw. Whatever the exact trigger, the next thing that came from the leader's lips was a shrieking scream for everyone to bluntly "Shut up!" The small amounts of credibility that he had hoped to walk away with vanished in a split second. No matter what apology followed, there would always remain the memory of the leader who lost his cool.

Now I seriously will not attempt to take you through an advanced lesson in anger management in the remainder of this column. Anger is far too complex to unpack fully in a few paragraphs. What we can do, though, is try to understand the basics of anger, and also understand why it is a natural thing that we should not always try to avoid. You see, anger does, to some degree, fall into the same category as stress. Somewhere along the line someone may have reminded you that you can get positive and negative stress. Stress, too, is a natural human reaction. Anger is also a natural response.

Getting angry is a sign that you are functioning in a normal way. Just imagine the opposite for a second. What would happen if you never ever got angry with anything or anyone? At what point is your button going to be pushed? If you had no trigger, you'd probably be steamrollered into accepting and believing everything that was thrown your way. There has to be some way for you to feel that you are opposed to something. Anger is a sign of that.

I read once in a brochure on stress and anger that what anger does is to enable people to create an emotional scale which is linked to their ethical principles and to the need to avoid experiences which have resulted in pain.

You could say it is similar to a defensive mechanism. Anger and stress is a way of us staying alert and ready to act against the environment we find ourselves in. If it is hostile, our stress and anger triggers can prepare us to fight for our goals. OK, so you get the point about anger not always being necessarily a bad thing. So what makes it bad? It pretty much lies in what is described as the duration and intensity of your response.

You get active and passive responses, and depending how long you stay in these states, this will determine how bad your anger is. Active responses include the typical fighting, screaming and object throwing or breaking. Passive means sulking, mood change, tension. Now if you add this to the fact that we all have different thres-holds of anger response, you can begin to see why it is quite complex.

Getting actively angry over the small things or remaining passively angry for long periods can be considered "not good". Now this is where you come in. You have to remain aware of your behaviour choices and responses to your feelings of anger. If you learn to understand your threshold, and then self-evaluate your responses, you can begin to learn new behaviour choices. Let's face it. If you are at work, and you have a short fuse, you need to be aware of exactly where the sparks are. If not, you're going to explode, and that could be messy.

Tips for remaining calm
Understand your threshold and what ignites your anger.
Evaluate how minor or significant these triggers are.
Take time to pause before reacting to the trigger.
Breathing deeply actually does help.

These moments will help you evaluate whether your response is appropriate.
Force yourself to speak in a controlled and softer manner.
By not raising your voice, you will stay in control of your anger for longer.
Vent your anger.
Find the right forum to express your emotions.

Losing it in front of staff is not appropriate.

WHO IS AN EMPLOYEE - PART 3

ARTICLE 3

WHO IS AN EMPLOYEE – PART 3


So now it’s crunch time! Who is an Employee? Well the Code states that there are 7 (seven factors) in determining who an Employee is – the challenge lies in the fact that only 1 of these factors needs to be present, not all 7!

Let me say that again for those who were not listening the first time around. Only 1 out of 7 factors needs to be present when determining who an employee is!

These factors (in no particular order) are:

1. the manner in which the person works is subject to the control or direction of another person.
2. the person’s hours of work are subject to the control or direction of another person
3. in the case of a person who works for an organization, the person forms part of that organization.
4. the person has worked for the other person for an average of at least 40 hours per month over the last three months.
5. the person is economically dependent of the other person for whom he/she works or renders services
6. the person is provided with the tools of trade or work equipment by the other person.
7. the person only works for or renders services to one person.

So now you have it and while you all fall about in fear/laughter/joy and whatever other emotion that you can bring to the surface, I will leave it there for this week.

Next week we will drill down deeper into each of the factors, so that the lines are clear – no smudges - it either is or it isn’t! So by the end of this article you will know exactly where you stand and where your employee stands, whether you would like to justify it otherwise or not.

So be brutally honest with yourself (not anyone else, just yourself), examine each item individually and if you can honestly answer yes to any of the above – you have an employee, whether you would like to admit it or not!

TELKOM GIVES CLIENT MIXED MESSAGES

Oh boy do I know this one from bitter experiance! Their other fravorite one is to "walk" you through changing your settings, because that is the problem! What a load of crap! I had to get my IT guy in to reset the settings as they originally were. There was one instance where they wanted me to change the settings and I refused because then I would have to get the IT guy in to fix them and the technician said, "well it's up to you if you want to get your e-mail or not - the problem is on your side!" I still did not change anything and the next morning the mails worked fine again - so much for the problem being on 'my side'.

Quite frankly, I don't think these guys have any idea about what they are doing!

Telkom gives client mixed messages
Staff Writer
October 05 2006 at 12:17PM

In addition to Telkom's recent call answer service software glitch which prevented some customers from being able to dial up to access the Internet, one customer who experienced problems with his broadband connection over the same period was told by Telkom technicians to disconnect his anti-virus software in order to use his e-mail, making his computer susceptible to viruses.

Personal Finance editor Bruce Cameron said on Wednesday that he worked from home a lot and from Friday until Monday night he kept receiving error messages when he tried to send and receive e-mails on his telkomsa.net account. During three separate phone calls to Telkom technicians, he was alternately told to disconnect his anti-virus software permanently and disconnect it for 15-minute intervals so that his e-mail service could work.


"It takes hours to get through to these guys and they're giving contradictory messages.
'They're giving contradictory messages that are irresponsible'

"To tell people to disconnect their virus scanners is downright irresponsible," Cameron said, adding that the technicians were implying that the anti-virus software was the problem. Telkom spokesperson Lulu Letlape said via e-mail that Telkom detected a network problem on Sunday which affected the voice message platform and acted "promptly in repairing and restoring the service". She did not respond to multiple questions relating to Cameron's experiences.

This article was originally published on page 4 of Cape Times on October 05, 2006

THE POWER OF NETWORKING - PART 45

THE POWER OF NETWORKING

PART 45

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Brand your uniqueness: Remember; 45% of what you do, others do better than you, 45% of what you do, others do as well as you, 10% of what you do is unique to you. Focus on the 10% that is unique to you!”

Oh man is Renate ever spot on the money with this one! So many times I have been in a networking environment where there have been in excess of 100 people and they all look just the same and many of them are in exactly the same field doing pretty much the same thing. I have looked around in absolute confusion (I have never been very good and names or faces for that matter), then when I get to the point that I follow up and meet with them, I just make sure that I am at the meeting well in advance and hope to hell that they recognise me! Not ideal I know, but it works for me!

Remember the 70’s (for those of you who are old enough to do so), I mean there was such an explosion of new acts and new musicians entering the arena that they only way that they could actually be remembered (or even make any kind of splash for that matter) was to dress up – David Bowie with his unique hairstyle and his infamous ‘Bowie Dot’ in the middle of his forehead, or what about Leo Sayer who used to dress up as a clown and don’t forget Alice Cooper (it wasn’t enough that he had a girl’s name) and his band Kiss who had the most bizarre images painted in black and white on their faces and used to bite the heads off live chickens on stage (talk about making an entrance!) and smash their guitars into a million pieces, all on stage!

Don’t get me wrong, I am not advocating for one minute that you purchase your local Fancy Dress store, in order to have a sufficient number of costumes on hand.

What I am saying is that branding is a must! You have to show people that unique side of you – and we all have it and we need to flaunt it.

I for example, am a t-shirt and jeans kind of girl. I don’t look like a typical auditor and I really don’t think like a typical auditor (I could think of nothing more boring – urgh!), that is part of who I am and that is something that sticks in the minds of many of the people who meet me at networking events. Now I am not suggesting that you all rush out and buy up all the jeans and t-shirts in the city – don’t do that! What I am saying, is that often who you are as a person, is what is most unique about you – so don’t try and re-invent the wheel.

Be yourself, work on who you are and what you value most about yourself – expand on that, and you will probably find that that is your most powerful and yet most inexpensive tool that you have. With very little effort and a great deal of value, you will have branded your most unique self.

For more information on Renate, please visit her website at www.hirs.co.za

GIVE YOURSELF A BETTER CHANCE OF SUCCEEDING

And you're not wrong Tessa - well done on a really great article! It reminded me of Kevin Foot of K J Foot & Associates who always says, about Inner Circle (www.innercircleforum.com) - 'It's about giving to get!'

You see at the networking events at Inner Circle, it's about helping those around you and in turn being helped, usually by someone completely different

Why don't you have a look at the site and see what's on offer and when the next meeting is and the venue and then come and join us for some great networking opportunities.

Give yourself a better chance of succeeding
Tessa Silberbauer
15 January 2007 at 06h00

As a child, there was one saying that always baffled me: What goes around, comes around. First it made no sense at all, and then it made me think of God as a great big accountant who would throw me an easy test if I gave away my sweets.

Then I expected people to be nice to me if I was nice to them. Reality doesn't always work that way. But it doesn't make the saying a lie, either. After all, if you do someone a favour, it is unlikely that the recipient will be able to return it.

True charity is a gift given, without expectations of any return, to someone who depends on the gift for survival of a kind. But generosity is usually returned in unexpected ways. Because you don't expect it, you don't look for it, and while you're learning about it, you don't see it because you aren't looking for it. And if you can't see it you can't recognise it.

Over time, I have committed crazy acts of kindness for many people. Some of them were acknowledged; most of them were taken with no return; sometimes I didn't even get a smile of thanks. But, at the same time, I have been helped by little coincidences and generous strangers - at times when I truly needed it. And at first, I started to become resentful when my efforts were not reciprocated. But, looking back, I can say that the help was returned in ways I could never have imagined. And having that evidence in hand, I have changed my expectations. I expect to be helped - but I expect that help to be a chance word overheard that gives new inspiration, or a sunset that inspires. And that expectation is never disappointed.

Last week, we covered the tricky question, what do you want? And the nasty one that follows: what do you want first? But once you have decided what you want, how you want it to look and feel like, and how important these dreams are to you, you haven't yet finished the process of goal-setting. To turn your idea of the future from a nice-to-have into a going-to-have, you need to give it some guidelines.

For example, when do you want this to happen? To change perspective slightly: you need to set your expectations. Define the limits that make your goal acceptable or inadequate. Take a look at the goals you've set for this year. One by one, answer the questions below, and add any other parameters that may occur to you.

Under what circumstances would you reject this goal? For example, most of us would like more money, but would reject it if it resulted from crime.

How much of your resources are you prepared to spend on this goal?

What resources do you have available? Are they sufficient? For example, if your goal is to write, you would obviously need literacy, something to write about, and either a PC or a working pen and paper.

When do you want this goal to happen?

How much time do you have available?

How much time are you prepared to make available? In other words, what activities are you prepared to give up so that this goal is achieved? The process of setting goals is lengthy and you have to set limits on your goals for effectiveness. The problem is that most people misunderstand the number of stages involved in the process of goal-setting. And as a result many end up setting themselves up for failure even before they begin the first action item on their list. Give yourself a better chance of succeeding this year.

Tessa Silberbauer is a Joburg based life management trainer. For information, corporate training or private consulting, contact her at 083-310-0955 or livingskills@webmail.co.za

THE RIGHT TO CHOOSE

The Right to Choose.
Today’s quote comes from Oprah Winfrey, who says “Understand that the right to choose your own path is a sacred privilege. Use it. Dwell in possibility.”
Actually Oprah comes up with some pretty dynamic stuff from time to time and this is one of those times. How often do we actually get to choose our own path – well I guess the answer would be All the Time. Strictly speaking I don’t think that that is true!

Now before everyone starts jumping up and down on my head, let me explain.

I recently parted company with a friend. It was a relatively ‘new’ friend as the friendship was only about four years old (my ‘oldest’ friendship is going on for thirty five years now), so in the grand scheme of things, I wasn’t too emotionally devastated. Losing or walking away from a friendship is not something that is new to me, however, that said, it is not done lightly.

To give you a brief, if somewhat un-emotional run down of what happened here are the highlights. Lets call her Anne.

Anne met a new man in November. I have no problem with that, in fact I have always encouraged her relationships. Within 6 weeks he had purchased her a new lounge suite, new bedroom suite and there were new appliances for the kitchen on order. Still no problem for me as long as you are aware of why all these purchases are taking place. What did start happening in the beginning of December though, is that suddenly arrangements that were made with me months and weeks before he arrived on the scene, were cancelled at the last minute (I mean an hour or so before we were due to meet) and the cancellation was done by SMS. Not good. For me this is disrespectful on two levels. One is that now I am being treated like I am not good enough (and yes it is my right to choose to believe and/or react like that) and secondly breaking an arrangement like that should be done in person, even if it is done telephonically, with an explanation – not be SMS. Again for me that is like saying that I am not worth the call.

Me being who I am, I confronted her about this and then discovered that the problem is that this man is one of those controlling, manipulating type people. It also came out that he was now paying most of her bills, rent and the like and that he basically didn’t want her to see anyone (and that included friends) except for himself of course. Every time she told him of a meeting planned between the two of us, he ‘closed’ his wallet and threw a temper tantrum. She, now being used to the additional money, gave in and then not wanting any kind of confrontation with me, sent me an SMS to cancel our arrangement. Well that is also her choice I guess, but it is one that was very cleverly manipulated by this fellow under the guise of – ‘well I’ll help you financially because you have gotten yourself into a bit of a financial situation.”

This kind of behaviour also carries a huge consequence – you see not only has she lost me as a friend (my choice is not to allow anyone to treat me with this kind of disrespect) but further on down the line, she will lose the ability to make any kind of decision of her own – they will all be made by him. Technically, she will have given him the right to make all decisions for her, because of the control that he will exercise over her in the disguise of money. Not nice at all, but it was her choice to allow him to do it the second time.

You see, another of Oprah’s sayings is “Believe someone the first time they tell you something!” The first time he manipulated her with money, she should have made the right choice. She didn’t and the result is that in a way she has given him “permission” to continue in this way.

Oprah is right when she says that the right to choose is a sacred one. It is something that many people have gone to war over and have given their lives for. It is something that we as individuals should treasure and guard.

Whenever we make a choice, we should consciously remember those who made the wrong choice, in the first place, and who as a result of that, now have very little choice at all.

EXPRESS YOURSELF WITH ASSURANCE

Oh Wow! Perhaps some of the Mbeki's, Zuma's and so on of the country should read this and practice some of it - or perhaps they should take a page out of Madiba's book. Man oh man - now wouldn't that be something!

Explore the benefits of humility in business
Staff Reporter

01 February 2007 at 11h00

Leadership humility is rare and doesn't necessarily enjoy the recognition it deserves, says Wikus van Vuuren, a director at GIMT. "Humility is unfortunately often perceived as a weakness in business when, in fact, it can be a tremendous asset."

Humble leaders who openly understand and develop their weaknesses and capitalise on their strengths often create environments that encourage people to grow, which in turn grows the organisation, he says. "Some of the most successful organisations worldwide have leaders who inconspicuously 'stand out' due to their humble nature, rather than their arrogance and flamboyance," Van Vuuren says.

Indeed, the leader who is humble never allows the power of his position to cloud his judgement. He respects the unique contribution individuals have to make, and does not get stuck on their perceived weaknesses, he adds. "One of the greatest strengths of humble leaders is that they never assume they know all the answers and allow people to explain things to them… They look for the opportunity to learn and use every opportunity to make others feel valued."

Apart from personal issues, there is no real harm in letting people know what you view as your strengths and weaknesses. "A good step would be to implement a system where you can get direct feedback from your executive team, your clients, your staff and even people in your personal circle. While this system will create an open and honest company culture, it will also contribute significantly to your own personal growth." Van Vuuren says you should connect with your manager, peers and those that report to you. "You will make them feel more comfortable about exploring their own opportunities for development."Honest leaders are also good listeners, he says. "

Do you have a tendency, when someone starts explaining something, to interrupt them to make sure they know that you already know what they are talking about? The next time this happens, try something new. Listen. Let them finish their explanation. "Ask lots of questions, validate them, then add your comments. "In the act of being humble, you make others feel important and valued, Van Vuuren said."That is the gift of the humble leader. Besides, it is more refreshing and empowering being around humble people than inflated egos."

WHO IS AN EMPLOYEE - PART 2

Morning bloggers - sorry no post for yesterday - just too busy!

ARTICLE 2

WHO IS AN EMPLOYEE – PART 2


There is a “Code of Good Practice – Who is an Employee”, that has been published and it is a 53 page document, that looks at this question, in great detail – I will be dealing with this over the next couple of weeks.

The code starts out by setting a whole bunch of guidelines. It’s main objective is to make things clearer to Joe Public, about who a staff member is for the purposes of the Labour Relations Act and other Labour related legislation.

It also deals specifically with all the differences between an employee, and everything about that relationship, that is controlled (or should be) by the regulations that are promulgated by Labour Legislation and independent contracting.

There is a very big difference between the two and although we, as SMME’s sometimes blur the lines, there is a very definite line between the two.

The code also ensures that the employee is protected through the various Labour laws and that these employees are not put by the SMME into contracting arrangements, thereby depriving them of the protection of Labour law.

We need to understand that Labour Department are not complete idiots, they are aware of the fact that there are some employers out there, who have contracts that because of the wording, camouflage the employment relationship, and in so doing ensure that the employee does not have any legal rights to fair treatment.

There appear to be some really strange employment relationships in the Labour market such as, but not limited to:
Disguised employment,
Ambiguous employment relationships,
Non-standard employment and
Triangular relationships.

It stands to reason, that the employers to whom this applies, will at some point be caught out and when you do – understand that you will be way up past your eyebrows, in the smelly brown stuff. So if there are any of you out there, understand you need to sort it out and you need to do that quickly!

The code requires that “any person who is interpreting or applying any of the following Acts, must take this code into account for the purpose of determining whether a particular person is an employee, in terms of the Labour Relations Act 66 of 1995 (LBR); the Basic Conditions of Employment Act 75 of 1997 (BCEA); the Employment Equity Act 55 of 1998 (EEA); or the Skills Development Act 97 of 1998 (SDA)”.
This obviously means that the definition of ‘who an employee is’? is slightly different in the Code than it is in the various Acts, and that the definition in the Code now supercedes those in the above mentioned Acts.

It also requires the Code “should also be taken into account in determining whether persons are employees in terms of the Occupational Health & Safety Act 86 of 1993 (OHSA); the Compensation of Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and the Unemployment Insurance Act 63 of 2001 (UIFA).”

Again, the definition of ‘who an employee is’? is slightly different in the Code than it is in the various Acts, and that the definition in the Code now supercedes those in the above mentioned Acts.

Next week, we will continue to look at exactly “Who is an employee”.

THE POWER OF NETWORKING - PART 44

THE POWER OF NETWORKING

PART 44

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Make contact within three days of meeting people”.

Oh dear! This is one that I fall down on quite badly sometimes! Well maybe not hey – you see I try and send everyone an e-mail as soon after I have met them as is humanly possible. The e-mail tells them a little more about who I am and what it is that I do and also gives them my Business Profile.

Then here comes the challenge, for me at any rate, contacting those people again telephonically to set up individual meetings! It could take a week or even more to get hold of that person again and set up a meeting with them. Those that get hold of me (and I must admit that they are very far and few between) obviously then get an appointment before the rest, but that’s just first come first serve.

Remember it’s in your own best interest to get hold of the person that you met as soon as possible and make an appointment to see then, sit down and have a one on one with them – it increases your ‘circle of influence’ and in so doing it also increases your ‘value add’ and more importantly – it also more often than not, brings you work – whether it’s the person themselves who can give you work or whether it is someone that they know who needs your services and/or widgets – it’s all work and that is the bottom line!

For more information on Renate, please visit her website at www.hirs.co.za

SUSPENSION WITHOUT PAY CAN BE VIEWED AS UNFAIR

Make sure that all of your 'ducks' are in a row, that you have followed procedures to the letter of the law and you will not have these problems. If you are in any doubt, please contact a Labour Attorney to help you - not someone who knew someone who worked in an HR department 20 years ago! Find a proper Labour Attorney who understands the law and is up to date with what is happening in law!

Suspension without pay can be viewed as unfair
Pierre Marais

06 September 2007 at 06h00

Suspending an employee pending a disciplinary investigation and disciplinary hearing is an acceptable industrial relations practice. And its is also quite common that this suspension will be on full pay. The general rule of fairness is that suspensions of this type are not without pay as employers could fall foul of their own disciplinary procedures, codes and practices and/or an unfair labour practice claim in terms of the LRA's Section 186 (2) (b) relating to "unfair suspension".

In these circumstances, suspension without pay could also be viewed to be "unfair disciplinary action short of dismissal". However, back in the real world, employers are frequently being frustrated by postponements during a disciplinary hearing which can cause the hearing to be delayed and the suspension to stretch over weeks or even months. This also has as effect that operational uncertainty exists in the workplace. For example, other employees will need to do the suspended employee's work, no replacement can be finalised, timeout finality is not reached and it also affects morale, especially where a manager or an executive is the accused, and so on.

From the accused employee's point of view, the dragging out of a hearing means being paid longer, especially in cases where the offence will possibly lead to a dismissal. Conversely, an employer is prejudiced financially, especially where the employee is on a substantial monthly package and has to be paid during the period of suspension. In some instances employers' own historical practices and/or contractual obligations could cause a waste of time and be costly, for example:

A lengthy investigation has to be undertake prior to even starting with the hearing. The complexity of the case may justify such a time period, however, in some cases it is also attributed to employer apathy in that they do very little to move matters along. We often read about these 12 month-long suspensions with no finality in sight.

Some disciplinary procedures and/or employment contracts dictate onerous procedural obligations which could frustrate proceedings such as:

Pre-dismissal arbitration, where it takes a few weeks to arrange.
Access to information.
Entitlement to external representation which, together with the (un) availability of the other parties, could lead to difficulty on agreeing dates, especially if the hearing is going to last a few days.

In particular with senior employees who generally can afford legal advice, the raising of procedural technicalities forces the hearing's chairperson to deal with these. This could be very time-consuming as borne out in a recent case where three days of the first six days of a much longer hearing, were taken up with the arguing of various technicalities and the chairperson's rulings.

It is also possible that a frivolous CCMA referral for unfair suspension and a legally flawed and frivolous "urgent" application to the labour court to suspend the hearing from proceeding could be thrown into the equation. Then a hearing becomes messy and the patience of both parties can be seriously tested. In an endeavour to pro-actively manage unnecessary delays in finalising a hearing, employers normally do so in the "notice to attend a disciplinary hearing" by, for example, notifying the accused employee to ensure that his/her witness (es) and representative are available, scheduling fixed dates in advance, and so on.

Customary reasons for a postponement could include a request for more details (eg documents) in order for the accused employee to prepare properly, requests for an adjournment after a witness's evidence-in-chief in order to prepare for cross-examination; insufficient time to consult with a (legal) representative or due to the unavailability of the representative, etc.

Employers are cautioned that incorrect handling of any one of the aforesaid aspects, because they are hell-bent on just concluding the hearing, may lead to an arbitrator's ruling of a substantively fair dismissal, which, because of the delays, is ruled procedurally unfair. In such cases the commissioner can award the dismissed employee a few months' compensation. Next week we will discuss a few actual cases where suspension without pay was determined to be fair.
Pierre Marais is managing director of the Labour Law Group.

Contact him on 011-679-5944.Back copies of articles can be obtained from Natasha at 011-679-5944.

IMPROVING THE PRESENT

IMPROVING THE PRESENT

Today’s quote comes from Henry Wadsworth Longfellow, who says, “Look not mournfully into the past. It comes not back again. Wisely improve the present. It is thine. Go forth to meet the shadowy future, without fear.”

So what does this mean to you?

For me, it’s a reminder not to live in the past. So many times, I find myself looking at instances that occurred in the past, not only from a personal point of view, but also from a business point of view, and getting upset all over again. What an absolute waste of time and energy! It doesn’t matter how upset I get, or how righteously angry – nothing will change what happened. We can’t re-live it, we can’t go back and do it again or do it differently.

This of course means that we have to live with the consequences of the past and we can surely learn from our mistakes. But none of those consequences and our subsequent learning means anything if we don’t use them in a present to make our lives easier.

So when you find yourself wallowing in self pity because of something that happened to you in the past – do yourself a favour. Kick your own butt, and get down to applying what you learnt and the lessons from the past to what you are doing now.

Make a difference to your life now – you cannot do anything about the past, but you can certainly improve the present, by utilizing the lessons learnt from your experiences in the past.

THE IMPACT OF NEGATIVITY

What a valuable piece of advice. I know that I have difficulty with having negative people around me - it always leaves me feeling exhausted! It's like they suck my life blood out of me as well as all of my energy - very draining I must say! I try and avoid them where possible! Mixing with 'like minded people' is good for you, not only in terms of supporting one another in bringing light out of the darkness - it's also important in terms of your business and the kinds of decisions that you make with regards to how the business is run.


Mixing with people who understand what it is that you are going through, will be of huge benefit to you in the long run. The moral support as well as advice will stand you in good stead!


The impact of negativity
Rinus le Roux
31 May 2007 at 15h55


Recently I had the opportunity to conduct one of those informal experiments on how easy or how difficult it is to maintain a positive mindset. Circumstances put me in the company of two extremely negative people. You know, the kind of people whose major topics of conversation centred around:

Stress
Anger
Injustice
Jealousy
Frustration
Incompetence


Those and many other similarly negative issues. By the end of that day I felt truly uncomfortable, even irritated with myself and with the environment I was in. The next day I found myself involved in a huge argument over a totally insignificant issue, with someone I really had no issue with.


I realised that my "association" with those negative people had rubbed off on me
How could that be, I wondered, since I consider myself to be one of the most positive people I know? The experiment had begun without my knowing it. Can you remain positive when the people around you are negative? Not a question to be taken lightly since the world we live in often seems so negative. The answer is a qualified "Yes".


Yes, it is possible to be positive in a negative environment, but it is difficult. However, this is no excuse to give up and blame your environment for your negativity since it takes no account of the role you can play in changing that environment as well as your own and other people's perception of it. How then can good triumph over evil? How can we become the bearers of light rather than darkness?


Consider this: Without darkness, light would have no impact. It is when you choose to stand for the good, to eliminate negativity, to fight injustice, to refrain from judgment and hatred, that your life becomes valuable. We know that it is really hard to be positive in a negative environment, yet it is just such an environment that gives us the opportunity to shine and to do what is right and good for ourselves, for the people we love, for the broader society in which we live and to endeavour to change our environment to a positive one.


The challenge lies in associating more and more with positive people so that we can gain strength from each other and together go out into the darkness and shine

WHO IS AN EMPLOYEE - PART 1

ARTICLE 1

WHO IS AN EMPLOYEE – PART 1

When your business has gotten to the stage that you need to employ someone to assist you, there are certain guidelines that you should follow in order to meet the requirements of the Labour Relations Act.

Hopefully by this stage you have actually identified what it is that you want them to do, whether you want them as a full day employee or a half day - obviously dependant on the amount of work that there is – and of course whether they are a senior person or a junior person that you can train and/or mold into doing things the way that you want them done.

So now you think that you are sorted and you can start putting out the word, and/or advertising for the staff member that you want! Not really hey, there are other things to take into consideration.

These are but not limited to:
1. Are you going to employ them on a full time basis, as a permanent employee ?
2. Are you going to employ them as a temporary and/or casual basis, or
3. Are you going to employ them on a sub or independent contractual basis?

Perhaps it is time to step back a little and go back to basics. It’s time to discover if we actually know “Who is an Employee”?

Over the next couple weeks we will go step by step through the process and discover what is required by law and what the different terms actually mean.

So here is step one.

I have found, during my travels through the SMME market that there are many and I mean many employers, who think that if the staff member is a Contractor, he/she is not entitled to leave, sick leave or any other benefits.

In fact I am sure that I can say with confidence, that there are many employers who think that if a staff member is an Independent Contractor, and he/she has a contract in place that also indicates this, that he/she is not entitled to leave, sick leave or any other benefits that are laid down in the Basic Conditions of Employment Act.

Most employers who think like this are merely using these terms to avoid their obligations in terms of the Labour Laws and Labour Legislation and of course by doing this they are also avoiding things like pension and medical aid and any other benefits that they give to their “Permanent” employees.

For the record: An Independent Contractor is not an ‘employee’ and cannot be an ‘employee’ – so don’t get confused by this.
In next week’s article I will start documenting exactly ‘Who is and Employee’ in terms of the Labour Relations Act.

TEMPORARY WORKERS HAVE RIGHTS TOO

Don't be guided by the mis-informed! It could cost you a lot of money. If you have any doubts contact a reputable Labour Attorney - not someone's friend who used to work in an HR department 20 years ago - but someone who know and understands the law now! Be safe rather than sorry!

Temporary workers have rights too
Tony Healy

06 September 2007 at 06h00

The retrenchment of temporary staff differs significantly from the retrenchment of permanent staff. Sections 189 and 189A of the Labour Relations Act (LRA) apply to the retrenchment of temporary and permanent employees alike.

However, when faced with the prospect of retrenching a temporary employee, due consideration must be given to such employee's common law right not to have the temporary contract of employment terminated prematurely. A temporary contract of employment that is silent on premature termination prohibits an employer from terminating the contract for reasons other than misconduct or incapacity.

It would, for example, be deemed unfair to retrench an employee prior to the end of a temporary employment contract in the event that the contract does not specifically provide for such early termination. The Labour Appeal Court (LAC) addressed this issue in Buthelezi v Municipal Demarcation Board [Case No JA37/2002]. In this case, the applicant, a deputy manager of financial operations, had been employed on a fixed-term contract for five years.

Prior to the completion of this set period, however, he was retrenched. The matter was originally heard in the labour court, where it was held that the retrenchment of the applicant had been substantively unfair. The reasoning was that the dismissal during the currency of the fixed-term contract rendered such dismissal unfair.

The appellant was, however, not awarded compensation for the remaining period as it was held that he had committed an act of misconduct in the interim, which would have rendered him liable for dismissal. The applicant subsequently approached the LAC in an appeal against the whole of the LC judgment. The LAC held that the retrenchment of the appellant prior to the expiry of the fixed-term contract had been substantively unfair in all respects.

The judge held further as follows: "I conclude that the respondent had no right in law to terminate the contract of employment between itself and the appellant. "The termination of such contract before the end of its term was unfair and constituted an unfair dismissal". The appellant was awarded three months' salary as compensation, as he had found employment at a higher salary elsewhere subsequent to his retrenchment.

The learnings from this case are quite simple. Lengthy contracts of temporary employment run the risk of being the subject of a retrenchment process at some stage, as do short-term temporary employment contracts, albeit to a lesser degree. Given the implications of the common law rights of temporary employees as addressed in the above case, it is essential that temporary employment contracts unambiguously provide for the prospect of premature termination of the contract for operational requirements reasons (eg: redundancy and retrenchment). This would all but eliminate a retrenched employee's claim for damages on grounds of the employer's purported common law breach.

Book to attend a "Lawful Discipline and Dismissal" workshop on September 20 by phoning 011-476-1620. Alternatively, send an e-mail to healy@global.co.za

THE POWER OF NETWORKING - PART 43

THE POWER OF NETWORKING

PART 43

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Making two or three good contacts at an event is good enough. You don’t have to ‘work’ the whole room”.

Now she tells me! This is one of the biggest mistakes that I made when I first went to Networking events and/or meetings. In my enthusiasm I wanted to talk to everybody and ran around frenetically trying to get every person’s card and then afterwards trying desperately to get an appointment with someone! That was really hard work and in many ways very soul destroying too.

You see many people don’t understand the value of networking and so they couldn’t see the connection or synergies that ‘could have been’ and the result of that of course was that they couldn’t see why there was a need to meet with me in the first place, let alone discuss ways in which we could help one another. That, for me was, and still is very difficult to understand.

Anyway, the bottom line is that I was spending a huge amount of time and energy on people who could not see the value of what I was doing – so quite frankly – why bother!

Nowadays, even if I only make one contact, that for me is good enough. That one person, understanding what networking is all about and the value that I not only get from that person, but the value that I can give to that person, is worth far more to me in time, effort and good referrals than 100 people who cannot see the value and have no interest in what I am doing.

So be selective, get in touch with ‘like minded people’ – don’t waste your time and energy on those who cannot or will not see!

For more information on Renate, please visit her website at www.hirs.co.za

TOUGHER ACTION CAN BE TAKEN AFTER A WARNING

As I have said time and time again, and I suspect that I may very well enter my grave still saying it - disciplining staff and/or dismissing them is relatively easy as long as you follow the rules and remain within the letter of the law. What may not be so easy however, is knowing and/or understanding what the law says - so, if you are not sure - get some advice from a reputable Labour Attorney - not the guy next door, or a friend of a friend who used to work in an HR department 20 years ago - someone who knows and understands the laws - now.

Tougher action can be taken after a warning
It's simply a way of telling staff members to pull up their socks
Ivan Israelstam

02 July 2007 at 11h00

According to the Labour Relations Act (LRA) the purpose of giving warnings is to teach employees the employer's standards of conduct and work performance and to give them a chance to improve. Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law allows them to use such warnings. The following will assist employers to use warnings as a means of improving employee conduct and performance without infringing employee rights:

What is a disciplinary warning?

A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance level is not acceptable and that any further failure to meet the required standards will result in stronger measures being taken. In this sense a warning is not a punishment. Instead it is a notification that punishment or other corrective measures could follow.

When is the giving of a warning appropriate?

When it has been established that a less serious offence (one with relatively mild potential consequences) is committed it is most often appropriate to issue a warning to the employee. The level of warning (oral, written or final warning) to be used depends on the level of seriousness of the offence and on whether previous valid warnings have been given.

When is a warning inappropriate?

Where the offence is very mild a counselling may be better than a warning. For example, if an employee is five minutes late for work for the first time a mild rebuke or counselling session will suffice and is less time-consuming for the employer. Where an offence is very serious or a final warning has already been given, then in some case, a warning is unlikely to have the desired effect, and stronger discipline may be appropriate.

Can disciplinary warnings be cancelled?

The disciplinary policy of some employers allow employees to appeal against warnings. Even where this is not so, the employee concerned is entitled to refer the warning to the CCMA or bargaining council. If the arbitrator finds the warning to have been unfair he/she is empowered to remove the warning. Is the employer entitled to combine a warning with other measures?

The LRA is silent on this question. It would be unfair to punish an employee twice for the very same offence (ie for the same incident). However, as a warning is not, in my view, a punishment it can be argued that a warning could fairly accompany another corrective measure. For example, where a driver is guilty of damaging the employer's vehicle it may be appropriate for the employer to give the driver a refresher driving course. He could, however, also warn him/her that, should he/she again damage employer property, stronger action will be taken.

Can an employee be dismissed for a repeat offence after having received a final warning for a similar offence? The answer to this question is "yes" provided that there is no reasonable corrective alternative to the dismissal and the final warning is valid. When is a final warning valid in terms of being usable in justifying a subsequent dismissal? There is a point of view that a disputed final warning cannot be used as an aggravating circumstance to justify a subsequent dismissal. This view is linked to the notion that the employee, when disputing the dismissal, can at the same time dispute the validity of the final warning that motivated the dismissal. However, I am of the alternative view that should the employee wish to dispute a final warning, he/she can only do so within 90 days of having received that warning. To be allowed to raise it later at the unfair dismissal arbitration stage is to me unfair unless condonation for the lateness of disputing the warning has been properly applied for and has been granted.However, the employee would have the right to argue at any stage that the final warning was invalid if the warning had passed its expiry date by the time the subsequent incident of misconduct took place.

In the case of Numsa and Others v Atlantis Forge (2005, 12 BLLR 1238) the employer dismissed a group of employees who had embarked on an unprotected strike. The dismissal was based largely on the fact that the employees had previously received a final warning for similar behaviour. However, the Labour Court reinstated the dismissed strikers because the final warnings in question had expired by the time the employees committed the second offence. Wise employers therefore tread very warily before dismissing employees even if they have received final warnings.

Ivan Israelstam is chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or labourlaw@absamail.co.za

STRENGHT OF CHARACTER

Strength

Today’s quote comes from an anonymous person who said “It takes a strong man to swim against the current; any dead fish will float with it"


I had to smile when I read this and thought about what I am going to write today – I had this instant video in my head, with all these lifeless fish just floating along! Smelly and unpleasant to say the least! Oh the movies that my head produces – not all of them pleasant and many of them could very well turn into absolute nightmare!


And nightmares is what a great number of business owners will have if the majority of the people that they employ are “dead fish” – you know the ones that I mean. Yes, it’s those that come to work because they have no place else to go, they put in the time – just barely – they don’t put in more effort, than the bear minimum that it takes to allow life to be sustainable. They don’t work a second more than they are required to and God forbid that they should ever be passionate or even care about what it is that they do!


For me, working with people like this is very, execruciatingly, very painful. They are the ones that you sometimes want to shake, just to see if they are actually still alive!


I mean, exactly what is the point? Why do anything at all if it’s not worth going the whole hog, and giving your best effort. Why attempt anything at if you can’t look at it, once the job is done, with pride or even with understanding, because of the lesson learnt – it’s just this complete indifference that gets me every time.


I understand that there are a great number of people out there who are fearful of making a mistake, scared of what people may say or think about them. I could not live like that either – in constant fear - that would be a total waste of effort and emotion too for that matter. Can you imagine living life, constantly looking over your should to see if anyone is watching you – constantly straining to hear what people are saying, because they may be saying something about you! Oh good God no! That would be just too weird for words.


For me, life is about the living of it, of every moment! Taking it in both hands, enjoying it, savouring it, pushing it, tasting it loving it!


It’s about trying new things, even failing at them – as long as you learn the lesson. It’s about pushing the boundaries, to see how far you can go.


It’s about testing my own limits. It’s about learning new things. It’s about laughter and yes even tears, it’s about life!


Floating about like a dead fish is not for me – it’s, well, it’s “for dead fish”!


Give me a staff member with a bit of life in them any day – they may test my patience (what little I have), they may make me mad and drive me crazy, but they will always pleasantly surprise me too.

WOMEN ENTREPRENEURS SHOW DRIVE AND INNOVATION

This is really great news for all you would be, budding women entrepreneurs out there. If you need help getting started give these people a call - it may be the best investment in time and trouble that you ever make!

Women entrepreneurs show drive and innovation
Joelene Ephraim

07 August 2007 at 11h00

South African women make a vital contribution to the economy and nation-building of our country. While women make up 52 percent of the adult population in South Africa, they make up only 41 percent of the working population and only 14.7 percent of all executive managers and 7.1 percent of all directors in the country are women .

It is imperative for women to enter the mainstream economy either as business owners or in the corporate world - and our country's efforts to integrate women into the mainstream economic agenda, and the need for women to benefit fully from national economic development. This poses a serious challenge to all of us.

The transformation of the South African economy will not be complete until both women and men have equal participation in the economy. The low level of participation by women in the formal economy, as either small business owners or entrepreneurs, has for a long time been recognised as a problem in South Africa. It is important to recognise the important role that women can and do play in growing the South African economy and in creating jobs.

It must be acknowledged that there has not been significant progress in ensuring that women become economically self-reliant and have control over economic resources. Empowerment deals should consider women's participation as a priority, but critical to all this is to ensure that economic transformation leads to a reduction in poverty, and that women become active participants in the nation's empowerment agenda, as they make up a significant portion of the South African population.

Our experience has shown that women are generally very good at setting and pursuing goals. And they demonstrate a marked ability to find innovative ways of doing so. Women demonstrate a rare combination of attributes. Not only do they have vision, ambition, financial discipline and staying power, they also have excellent insight into the needs of their target markets and the skills to deliver world-class products and services.

Our aim at Business Partners is to make it easier than ever before for women to enter into business. We are supportive of fostering women's entrepreneurial spirit, leadership and business acumen, and the undisputed ability of women to transform themselves and their world with conviction, passion and excellence.

Independent enterprise is one of the most important vehicles for the empowerment of women in South Africa today. The Business Partners vision is to enable more women entrepreneurs to take up meaningful roles in the business community. To this end, as part of strategy to increase its footprint in the women-owned SME arena, we made a strategic decision to create the Business Partners Women's Fund.

By assisting women's wealth and job creation for themselves and thus contributing to the growth of the economy, the Business Partners Women's Fund is at the forefront of shifting the dynamics of the SME market to embody gender equality. Many women are starting and expanding sustainable businesses and the fund will assist them with finance and mentoring. Women have a far better opportunity of empowering themselves as entrepreneurs than they do in regular employment or big business.

Approximately 14 new jobs are created every time we invest in a woman-owned business. The fund will offer a unique opportunity to women who propose sustainable business ideas or want to expand their existing enterprises on an independent level. The fund will be managed by a specialist team of women, lead by its fund manager, Katja Naumann, who is supported by a team of professional women financiers in Gauteng, the Cape Province and KZN with long-term plans to expand into the other six provinces.

SETTING BENCHMARKS FOR GOOD GOVERNANCE

What a supurb idea! There are some though, that would question putting Good Governance in the same breath as Africa!

Fraud and corruption run rife and it has become a way of life here, so who are these leaders who are so exemplary in terms of managing and/or running their country. It seems that Mocambique was the winner in 2007 - I wonder who will take the trophy this year!

Setting benchmarks for good governance
Mo Ibrahim

03 October 2007 11:59
Safety and security: UN peacekeepers prepare to destroy weapons in Mogadishu, Somalia. (Photograph: AP)

The Mo Ibrahim Foundation was launched in October 2006 to promote good governance in Africa with the support of world leaders, including Nelson Mandela, Alpha Konaré, Bill Clinton and Tony Blair. On October 22 2007, the foundation will announce the winner of the world’s biggest prize, the Mo Ibrahim Prize for Achievement in African Leadership, to be awarded to a former African executive head of state or government that has demonstrated exemplary leadership.

The foundation, funded through the success of African business, is launching a radical new index of governance in sub-Saharan Africa compiled by the Kennedy School of Government at Harvard University. The index will inform the deliberations of the foundation’s prize committee, chaired by Kofi Annan, when it meets next month.Seven years ago this month, world leaders gathered in New York and agreed an ambitious range of targets for combating poverty, hunger, disease and illiteracy. As we approach the halfway mark to the 2015 deadline for achieving the Millennium Development Goals, there has been much discussion of our chances of success.

It is clear to me that there is one issue above all others that will determine sustainable development: good governance. It is central to the effective administration of a state’s resources, the application of the rule of law, the creation of a functioning private sector and the development of a strong civil society. Without good governance in the countries in which the world’s poorest people live, it is hard to see how the Millennium Development Goals can be attained.Yet even if we agree about the primacy of good governance, the concept remains too opaque to have any practical application. Because we don’t have a widely held or well-understood definition of governance, there is little with which we can hold governments to account. Although the governance of a company dealing with a few hundred employees and a few million dollars of investors’ money is judged against comprehensive data, the governance of an entire nation is judged on comparatively little.

Political performance should be judged with the help of objective criteria. I hope to take a significant step towards that goal. Modern nation states are responsible for the delivery of essential political goods to their citizens. That is their purpose; it is what gives them their legitimacy. We have therefore determined what we believe to be the five basic categories of governance: safety and security; the rule of law, transparency and tackling corruption; participation and human rights; sustainable economic development; and human development. Within these five categories, we have recorded 58 measurements for each country to capture clear delivery outputs. These have been drawn from a wide range of institutions, NGOs and think tanks, including the World Bank, the United Nations, the Global Peace Index, Reporters Without Borders and many more.

The Foundation is ranking all sub-Saharan Africa’s 48 countries against each other. It is the very first time that these countries have been comprehensively and collectively compared against any governance criteria. Just as importantly, we will repeat the index every year to provide a report card on the accomplishments of governments. We don’t claim a monopoly of wisdom on what constitutes good governance, nor do we pretend that the index cannot be improved.

More needs to be done to improve the quality of statistical information, and we would welcome new ideas about the index’s methods and manner of compilation. Yet we do believe that the index is a unique contribution to the way governance can be assessed. I believe passionately that if Africa is to develop, if it is to have a chance of meeting the ambitious Millennium Development Goals, then Africans need to be empowered with the knowledge to drive change. Our index aims to shine a light on governance -- to provide a debating point for the fast-growing media in Africa, and a tool to allow African political institutions and civil society to engage its leaders.

This is an African initiative, occupying a space which many NGOs, foreign donors and investors are not able to fill. Africans can address their own continent’s challenges. Though this research has been conducted by the foremost centre of academic excellence in this field -- in the United States -- the index has been shaped by a council of African advisors. It is about Africans taking ownership, developing their own forms of accountability, and delivering change. It is about Africans setting benchmarks that the world can emulate. Let us not forget that Africa is on the move. Pan-African structures through the newly reformed African Union are strengthening. More African countries than ever before are engaging in democratic processes. Economic growth rates have averaged over 5% across the continent since the turn of the century, and last year foreign direct investment in Africa surged to a record $38-billion. The challenge is to entrench this progress through a new and sustained focus on good governance. At the very least, it’s time for the debate about good governance to begin.Mo Ibrahim is an expert in mobile communications, the founder of Celtel International and a member of the Africa Regional Advisory Board of London Business School

"Well this is another fine mess you have got us into!" We are all familier with the cartoon character Laurel & Hardy, who made these words famous and I hear something similar all around me - "look what the Government is doing to us - look how they are killing our business!"

Well if the truth be told, we have no one to blame but ourselves! Not one single person, we have gotten outselves into our own debt, we have manipulated the banks and financial institutions into lending us more and more money and we have followed the prompting on TV and media on how we ca't do without some or other gadget, smadget, widgit or whatever else you want to call it.

Borrowing money was always easy, paying it back is the challenge and yet now when the Government (in the form of the National Credit Act) steps in to save us from our own folly, we all cry 'fowl'! I am amazed!

Perhaps is we had all practiced a little 'restraint' things would be a whole lot different.

Wise up on the National Credit Act
21 May 2007 at 04h00

Reckless lending, over-indebtedness and unlawful credit agreements are some of the topics of a workshop on May 25 which is designed for retailers involved in the extension of credit, micro-lenders, banks, SMEs and those involved in advising credit providers.

The one-day workshop, offered by the Professional Education Project of the faculty of law at the University of Cape Town, will consider the impact of the National Credit Act which became law in June 2006 and set a framework for every type of credit transaction, introduced new rights for consumers and placed a greater responsibility on credit providers.

Some of the provisions of the act are already in effect and in the final phase of implementation, while all the remaining provisions will come into effect on June 1. The workshop, facilitated by Professor Angela Itzikowitz, will recap how the act affects the credit industry and the way in which credit is granted. It will deal extensively with the provisions coming into effect next month.Topics will include:

Reckless lending and over-indebtedness.
Unlawful credit agreements and unlawful credit terms.
Confidentiality issues and marketing strategies.
Implications for the credit industry, including criteria for registration, categories of credit agreements including developmental credit and pre-agreements.
The regulatory bodies - the National Credit Regulator, the National Consumer Tribunal and the National Register of credit agreements and their relationships.

Contact Irèna Wasserfall on 021 650 5621 for more details.

WHITES FEEL LIKE SECOND-CLASS CITIZENS

This is an extremely delicate situation and needs to be treated with respect - find the balance, is the greatest challenge here and if we get the recipe right we would be all the better and stronger, as a nation for it.

The problem arises however, when people use the system for their own agenda and their own gain. They do not enter into the spirit of things and then everything goes pear-shaped!

Finding the balance - that is the answer!

'Whites feel like second-class citizens' - FW
March 11 2007 at 03:27PM
By Stephen Bevan

White South Africans feel like second-class citizens in their own country because of the way affirmative action is being implemented, former president and Nobel peace laureate FW de Klerk said this week. In an interview in Johannesburg, De Klerk, who will celebrate his 71st birthday next Sunday, said: "There's no doubt that affirmative action has led to a substantial percentage not only of Afrikaners but also of all whites and coloureds and Indians feeling that their groups are being reduced to a sort of second-class citizenship."

While the government claimed affirmative action was still necessary to rectify past imbalances the Democratic Alliance and even some ANC politicians had suggested it was at the heart of the current skills shortage.


'There's no doubt that affirmative action...

De klerk, backing calls for the policy to be replaced, said the problem was in the way in which the policy was being implemented by some parts of the government. "The constitution provides that there should be affirmative action but at the same time it says there shall not be discrimination on the basis of race or colour. "The challenge is to strike a balance between these two provisions. If affirmative action reaches the stage where it becomes institutional racial discrimination, it becomes absolutely unconstitutional."

Asked whether it had reached that stage, De Klerk said: "I think in some instances, in some particular municipalities, in some particular state departments, yes."Although he believed "the pendulum is swinging more towards the centre..." he criticised the recent statement by minister of labour Membathisi Mdladlana that the legislation "would never be repealed but intensified".
...has led to a feelings of second-class citizenship' "It is important to bear in mind that the main vision built into our constitution is that we will be a non-racial state, which you can never be if race is forever a criterion," he said.

It was for this reason, he said, that he had been arguing that the government should "come forward with a clear commitment to, as soon as possible, reach a stage where merit on a non-racial basis will replace this present approach". De Klerk believed affirmative action was partly to blame for the failure to deal with violent crime."Part of the problem with regard to crime as well as other issues lies in the very fast rate of affirmative action since 1994," he said. "The civil service, the police, the prosecution side of the justice system have all lost a tremendous number of experienced people, most of whom were dedicated to helping to make the new South Africa a success." Asked about the debate over President Thabo Mbeki's insistence that crime "is out of control", De Klerk said whether you agreed depended on the definition of "out of control". "If it is that we have fallen into a state of anarchy, then it isn't out of control. If it is that it's extremely serious and that the rate at which violent crime is committed is totally unacceptable, then it is out of control." - Foreign Service

This article was originally published on page 15 of Cape Argus on March 11, 2007

THE POWER OF NETWORKING

PART 42

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Don’t confuse networking with friendship.”

Actually, whilst we are on the subject, don’t confuse business (of any kind) with friendship either – they are two different issues that should inhabit two different spaces in your life – if they don’t and if you confuse or blur the line the result could mean the loss of business and/or the loss of the friendship – so be careful about what you are doing and make sure that the lines and/or boundaries are very visible and very clear to all parties concerned.

Don’t get me wrong there is nothing wrong with social networking, in fact you can make some really great contacts and even do some really good business on places like My Genius (www.mygenius.co.za) or even Facebook (www.facebook.com), but I wouldn’t rely on them as the sole focus of my networking commitments. I would use them rather as tools to enhance what I already have.

Other networking sites that would give great business opportunities are www.businesswarriors.co.za or www.innercircleforum.com or www.womeninfinance.co.za or www.sabusinesshub.co.za or www.sabusinessindex.co.za or www.biznetwork.co.za or www.small-business-hub.co.za or www.entrepreneur.co.za or even www.womeninc.co.za. There will always be some that feel a whole lot more comfortable than others – it’s a matter of choice. I would not say that one is necessarily better than the other – it’s about works for you at the end of the day.

Having said that however, you need to take the first step and actually get onto the site or get to a meeting and get going! Networking takes work, it doesn’t just happen!

For more information on Renate, please visit her website at www.hirs.co.za

2007: LOOK BACK IN LAUGHTER

I decided to take another day off yesterday - hence no post and the one for today is apt and reflective - here's hoping that we all have a fabulous, prosperous, blessed and healthy 2008!

2007: Look back in laughter
France, Paris
30 December 2007 11:59

Did you know Belgium was for sale? Or that Switzerland invaded Liechtenstein? Heard the one about the bank who issued a cat with a credit card? Or how about the British man who claimed he had made the world's first cellphone call from Mount Everest? He said it was "cold". Here is a selection of wild and wonderful news items from 2007.

The CNN TV network had to apologise to United States presidential hopeful Barack Obama after it confused his surname with the first name of the world's best-known terrorism suspect. A sequence on the whereabouts of Osama Bin Laden carried the caption "Where's Obama?"

An Australian bank was embarrassed when it emerged that it had issued a credit card to a cat. The owner of Messiah, a ginger tom, had put in the spoof application to test the bank's security system.

A 100-year-old woman in Germany moved out of her retirement home after six weeks saying she found the other residents not only boring but also "too old". She returned home to her cat.

Switzerland's army inadvertently invaded the tiny neighbouring state of Liechtenstein. A unit on manoeuvres got lost in the dead of night, officials said.

The Norwegian government abolished a regulation that had allowed strip-clubs to claim exemption from sales tax on the grounds that their performances were an art form.

A British man claimed the dubious distinction of making the first ever cellphone call from the summit of Mount Everest. "It's cold" were his first words.

Fishery officials in China restocked a river with 13 truckloads of live carp, only to realise that thousands of residents from a nearby city had immediately swarmed to the banks a short way downstream and caught most of them.

Transport officials in Australia try to discourage men from driving too fast with a series of TV ads featuring attractive woman suggesting that speeding males were trying to compensate for inadequate virility.

A town in South Korea which spent about $140-million to build its own airport was then forced to admit that no airlines actually wanted to fly there.

The Chinese capital Beijing began a campaign to improve its signposting in English ahead of the 2008 Olympic Games. Among signs in need of correcting were ones for "Pubic Toilets," and "Deformed Men" -- the latter indicating facilities for the handicapped.

A United States man who ordered flowers for his mistress sued the florists after they sent a note to his home thanking him for his order -- thereby informing his wife of his infidelity.

An African medicine man dived into a river in Tanzania after promising his fellow villagers that he would bring back revelations from ancestral spirits lurking underwater. He drowned.

A child maths prodigy who started university in Hong Kong at age nine, said he found the courses too easy, and rather boring.

A Belgian prankster reacted to a prolonged political crisis in his native land by putting the entire country up for sale on the internet auction site eBay. The company halted the bidding.

Dutch anglers were up in arms against immigrant workers from Poland, who also enjoy fishing in the many local lakes. The problem being that the Poles actually eat the fish they catch, whereas the Dutch believe in simply putting them back in the water.

A posh food store in New York was embarrassed after an employee, who was clearly not Jewish, stuck a "Delicious for Hanukkah" sign on hams. Jews, for whom Hanukkah is a religious holiday, do not eat pork. - AFP