Page 3 - KZN Chambers Business Sense - Vol4 No5

TRANSFORMING

KWAZULU-NATAL

eville Matjie is the chief also a transaction advisor and everything is done to the book.
executive officer of Trade will link foreign companies with When you are a leader, you
N& Investment KwaZulu- key government departments, inspire everyone around you to
Natal (TIKZN), where he has funders, potential partners and buy into your vision and seek
worked for the last 15 years. also assist companies in finding to implement that vision with
the right location to set up. their full drive commitment
TIKZN is a South African Local investors who wish to set and energy. In this role, one
trade and inward investment up businesses in the province has to find a balance between TRUST AT THE TOP
promotion agency and is an are assisted as well,” said Matjie. being a manager and leader,
entity of the KZN Department of He says that his biggest always remembering that you Patrick Deale, Labour drawn out disciplinary procedure.
Economic Development, Tourism inspiration is in the role that are dealing with people and It proceeded to give the CEO 14
and Environmental Affairs. his organisation plays in not robots, at the same time lawyer & mediator days’ notice to show cause why he
The agency was established transforming towns and in job ensuring highest levels of an a should not be dismissed.
to promote the Province of creation. One of the highlights compliance to the laws that C Board of
KwaZulu-Natal as an investment of his career has been in govern us.” Urgent Interdict
destination and to facilitate trade seeing the difference between Directors skip Instead of responding to the
by assisting local companies’ small towns that were almost Matjie complimented the the disciplinary
access to international markets. ghost towns because of no TIKZN Board of Directors under procedure notice – the CEO applied to the
Labour Court for an urgent interdict
Matjie joined TIKZN after investments, to towns booming the leadership of Ms Ina Cronje and use a to stop the Board from using this
for their decisiveness, passion,
working at the Durban Chamber with economic activity after knowledge and commitment fast-track truncated procedure to dismiss him.
of Commerce and Industry. investors have been located in to ensuring the growth of the procedure He claimed his dismissal using this
There, he said, he enjoyed these areas. KwaZulu-Natal economy. He to dismiss procedure would be unlawful.
interacting with international His motive is to drive labour said, “Having board members a CEO
clients who wanted to either intensive investments as, “Prior who are always willing to when they believe the trust Ruling
export goods out of South to any investment in our local support, assist, and offer their relationship has broken down? The court ruled in the CEO’s
Africa as well as inward buying towns, they turn into ghost expertise in attracting investors This possibility of such a novel favour and stopped the truncated
missions. “Linking our local towns, with very high levels makes our efforts a bit easier. The procedure emerged in the Labour procedure. It declared that the
companies to foreign companies of unemployed, which was TIKZN board is diversified with Court* in October. The CEO CEO’s employment agreement
really fascinated me and became creating social ills.” Citing a various skills, sound knowledge applied to court for an urgent incorporates the Disciplinary
something I was really passionate few examples, he mentioned and expertise that we rely on as interdict to stop Transnet from Code and Procedure and stayed
about,” he commented. Tai Yuen Textiles in Mooi River an organisation.” dismissing him without a hearing. the application “… pending

This interest in linking local where today, the company is the He also commended the Transnet has an employment the outcome of the arbitration
business with foreign clients largest employer in this town and leadership of the Honourable agreement with the CEO which process contemplated in the
inspired him to look for work in the town had been transformed Mr Sihle Zikalala, MEC for included an arbitration agreement employment agreement.”
a similar field and since joining and is now ‘vibey’. He added Economic Development Tourism to resolve any dispute which It will be evident from this
TIKZN he has served in several that more needed to be done in and Environmental Affairs, who could arise between the parties. It chain of events that the fast-track
different roles and capacities. His towns such as Mooi River and is clear on his mandate to the also has a Disciplinary Code and procedure can’t be used instead of
first job responsibility at TIKZN others, that a concerted effort in organisation in changing the Procedure as a condition of service. the disciplinary procedure or in
was in attracting investment to the attraction of investments was economic shape of KwaZulu- Suspension pending enquiry this case the arbitration process.
KwaZulu-Natal. Following this critically needed. Natal. “MEC Zikalala is However, there may well be merit in
position, he set up a business Matjie commented that he has passionate about intra-Africa The Board’s first step was to introducing a fast-track procedure
retention and expansion unit learnt that the most important trade and our role in ensuring follow the normal disciplinary in the employment contracts of
within the organisation. This unit thing in this line of work is that we drive KZN exports into process. It gave the CEO notice senior executives. It could be used
was created to assist investors in honesty, especially when dealing the continent, without losing of its intention to suspend him specifically for cases in which the
the province who were having with the location of projects. sight on capitalising on economic from duty and an opportunity Board loses trust and confidence in
problems during the credit However, he says that for blocs such as, BRICS, EU, etc.” to show cause why he should the leadership of the company.
crunch. “I put together a strategy companies looking to investing not be suspended. The CEO Executives at this level are
and employed staff to provide in KwaZulu-Natal, this is the When asked to explain what made representations and was held to the highest standards of
assistance and support to our market for them as there are he attributed his success to, not suspended. No disciplinary responsibility and accountability.
investors, where were on the many opportunities. He added Matjie responded, “One can’t enquiry followed and that’s where They’re also more able to defend
brink of closure,” he commented. that if he does believe that a have a successful career without this step ended. themselves and to have access to
dedication and hard work.”
certain project will work well
Two years later this role However, he added that finding “Truncated” procedure pending legal representation. The right to a
was followed by heading up in an area, investors are very time to play hard was important. dismissal fair hearing could thus be preserved.
appreciative if you are able to
the export development and “Without balance you cannot The Board’s next step was to use
promotion unit. There, Matjie led explain your reasons. have a career and would burn a “truncated” procedure in the TIP: An employer should follow
a number of trade missions with Matjie commented that one out quickly.” employment agreement. It appears its internal procedures as they
a focus on Africa as the primary thing that is important to Another aspect to his success that this is a special procedure in currently stand. A fast-track
market. He put together the acknowledge is the dedication the CEO’s employment contract procedure which by-passes the
“Export 101” guide to exporting, and commitment of the was through the support of his which is designed to fast-track agreed procedures could render
wife and family who are very
which became a blue-print for South African government to important in motivating him. his removal if the Board loses the outcome unfair. The law
exporters wishing to export their transformation. He added, “There “I have a very spiritual, inspiring trust in him as the leader of the may well develop to legitimise
products from KwaZulu-Natal. is clear vision for the country and supportive wife, Lenore, company. The Board can apply this procedures like this in future.
He was then assigned in the and an understanding that South and three beautiful kids, Meah, procedure if: They could be used to quickly
office of the CEO to become the Africa is an economic basket not Alessandro and Jiyaana, who are and fairly resolve problems
executive responsible for TIKZN’s only for the continent but for the important pillars in my life and ■ It has lost trust and confidence which arise in the all-important
operations and strategy. global world.” a lot of time and effort goes into in the CEO relationships of trust at senior
In early 2018, Matjie was In commenting on his ensuring that they are looked ■ It believes the CEO has failed to leadership levels. n
requested by the TIKZN Board leadership style, Matjie says after and feel my presence comply with his fiduciary duties
to take up the position of acting that he believes in there being a and support.” ■ It believes the CEO is not *Siyabonga Gama V Transnet Soc Limited
chief executive officer. mixture between a manager and He concluded with the words aligned with the values of the & 13 Others (The Board of Directors) LC
being a leader. company J3701/18 19 October 2018 (Unreported)
“TIKZN assists companies that of Martin Luther King Jr. “Faith Offices in KZN and Johannesburg
want to locate in the province “When you are a manager, is taking the first step even It also appears that the Board C: 083 375 8771
and that need assistance in the you are dealing with issues of when you don’t see the whole believed it could use this fast- E: patrick@deale.co.za
regulatory process. TIKZN is compliance and ensuring that staircase.” n track procedure to skip the more www.deale.co.za

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