Alexkor’s core business is exploiting a large land-based diamond resource and extensive diamondiferous marine deposits
It is a wholly owned government entity
Key duties and responsibilities
Responsibilities: Under Companies Act 71 2008
Register of present and past directors and secretaries,
Register of all shareholders, past and present (Ministries representing government.)
Adherence to Treasury Regulations and PFMA
Provision of Statutory records and support to both Internal and External Auditors
Minutes of Exco, Board and Board Sub Committees
Register of Funding and Issue of Shares
Providing directors of the company collectively and individually with guidance as to their duties and responsibilities and powers
Making directors aware of any law relevant to or affecting the company
Reporting to the company’s board any failure on the part of the company or a director to comply with the Memorandum of Incorporation or rules of the company or this Act
Ensuring that minutes of all shareholders’ meetings, board meetings, and the meetings of any committees of directors, or of the audit committee are properly recorded in accordance with Companies Act
Certifying in the company’s financial statements whether the company has filed required returns and notices in terms of this Act, and whether all such returns and notices appear to be true correct and up to date
Compliance: Had to ensure that Alexkor was compliant with its Memorandum of Incorporation, the current Companies Act and with King Code of Corporate Practices
Legislation: Keeping abreast of current and new legislation and making directors aware of legislation which will have an impact on the company and its activities
Statutory Secretarial: Maintenance of the statutory records of the company and its subsidiaries, and preparation and filing of any returns required to be lodged with the Companies & Intellectual Property Commission (CIPC)
Provision of support to all Board Subcommittees and Subsidiaries
Board Resolutions and Board Schedule: Drawing up round robin resolutions when required, circulating to directors and monitoring responses
Providing certified true copies once the resolution has been signed
Preparation of the annual timetable of all Exco, Board, Committees, and general meetings for the year ahead
Corporate Governance templates: Providing and ensuring there are
Terms of reference for Committees
Policy on nominations for appointment of the Board
Board Charters
Code of Ethics- Entrenching Ethical responsibility and conduct
Delegation of Authority
Shareholder Compact and Board Evaluation
7
Appointment, Induction and Declaration of Interest by Directors
8
Annual Reports
9
Shareholder Interface and Portfolio committee reporting.
Non- Executive Director
Davis-Dean Pty Ltd
01.2017 - 06.2017
I was responsible for the Davis -Dean Youth Development Program which i aimed at youth between age 18 and 29, who hold a Matric Certificate and are currently unemployed
The program runs over 12-month period and successful students exit with a National Certificate in Business Administration together with additional value-added modules as described in the program
Davis & Dean partners with corporate citizens in making a social contribution to community development, social upliftment, and youth development
Davis-Dean and partners fund the program as a public private initiative
It is the responsibility of Davis Dean to recruit, contract and deliver critical skills aimed at improving youth employability
I have remained responsible for statutory work and student recruitment
The company close operations in June 2022 due to lack of funding.
Managing Member
Collateral Trading 201
09.2008 - 08.2016
I started this business due to a need to encourage recycling in our communities especially in townships as well as in suburbs
The main driver was to educate and create awareness, fostering government partnerships and building a recycling network
This initiative or company could not stand the perils of escalation business closures and lack of government support
I had to sell the business to younger entrepreneurs with much energy.
Group Company Secretary
Tsogo Sun Gaming
03.2004 - 08.2008
This is a hospitality entity specializing in entertainment including Gaming
I reported directly to the Group CEO and Non-Executive Chairperson
In this role I served the Board of Directors providing guidance with regards to their duties, responsibilities, and powers
I provided advice to the Board on applicable laws and regulations such as King III, Companies Acts 1973 and 2008
Ensured that all Board and Committee Charters are approved and circulated to all directors; having obtained standard procedures and protocol such as the signature of the Chairperson
Played a lead role in the induction and orientation of directors
Performed applicable administrative processes including amongst others the following
The preparation of the annual schedule of Board and Sub Committee meetings including Executive Committee agendas
Taking of minutes and ensuring there is a quorum for each meeting
Timeous distribution of all documentation (Board, Sub Committee and Executive Committee resolutions) ensuring that all minutes are signed
Facilitation of Board strategic session and management of board budget
Maintained consistent contact with Legal, Finance, Human Resources and Gambling Boards.
Group Company Secretary
State Information Technology Agency
04.1999 - 02.2003
SITA is a parastatal established to provide information technology, information systems and related services to, or on behalf of, participating departments and regarding these services, act an agent of the South African Government; and provide for matters connected therewith
I reported to the CEO and Non-Executive Chairperson of the Board
I was the Chairperson of the evaluation committee prior submission to the Board Sub Committee
I ensured that each director has a copy of Shareholders Compact which was an agreement between the State and SITA articulating objectives expected from SITA
In this role I served the Board providing clarification of the SITA Act and then providing guidance to the Board members as to their duties, responsibilities and powers
Report to the Board any failures in the implementation of SITA Act or failures related to compliance with Board and Sub-Committee Charters, Statutory Legislation, King 11, Companies Act of 1973, PFMA
Liaison with the Director General of Public Administration and the Minister’s offices in terms of Board related issues
Scheduling of meetings with IT Portfolio Committee in Parliament
Preparation of annual schedule of meetings, compilation of minutes and timeous distribution of important documentation
Preparation of the annual budget which included remuneration of directors; travelling expenses; financing of strategic review sessions and the induction of directors
Managing two subsidiary company secretaries and staff members of the Secretariat Department
Maintained consistent interaction with Risk, Legal, and Human Resources Departments concerning governance issues
Provision of interface as an intermediary between the SITA Board; the Executive Committee and relevant IT institutions on platforms of information migration
Ensuring all statutory documentation and declarations of interests are fully adhered to.
Deputy Company Secretary
Telkom
02.1995 - 03.1999
As a Deputy Company Secretary for four subsidiary companies of Telkom
My responsibilities were as follows
I was the Group Company Secretary's proxy in his absence
I managed all the stakeholders’ relations, complaints and remuneration
I managed shareholders agreements regularly amended
I ensured the proper and timeous flow of resolutions between Telkom's Executive Board and all subsidiary boards
Ensured directors are kept abreast of all Legislation; Corporate Governance and Company Act developments and amendments including PFMA
Ensured that all secretariat administrative processes were adhered and implemented
The duties included
Compilation and distribution of minutes
I attended to all Statutory requirements,
I handled the Documentation of Directors Declaration of interests
Facilitated all Board assessment processes
Organized the Induction of directors
Director, Companies and Director
Khayalethu Homes
01.1993 - 01.1995
Financial Advisor
Sanlam Financial Advisors
01.1988 - 01.1993
Deputy Town Treasurer
Vosloorus Town Council
01.1986 - 01.1992
Secretary
African Bank
01.1982 - 01.1984
Economic Research Trainee
Davis Borkum Hare Stockbrokers Johannesburg Stock Exchange
01.1980 - 01.1984
Education
Matriculated -
Mariazell State High School
B. Com - undefined
University of Fort Hare
01.1977 - 01.1978
undefined
BCom Law - undefined
LLB - undefined
Company Secretarial Practice - undefined
Eskom Holdings SOC Ltd
07.2019 - 12.2019
Skills
Additional skills and achievementsundefined
Accomplishments
Mtutuzeli Tyalimpi is Chartered Secretary, and seasoned corporate executive with over 20 years’ experience
His field of operation being corporate governance
In this arena Mtutuzeli has been involved in debates and implementation strategies on the appropriate management and control structures of companies
This includes the rules relating to the power relations between owners, the board of directors, management, and the stakeholders such as employees, suppliers, as well as public at large
Corporations around the world are increasingly realizing that stable and sustainable growth of their organizations needs the cooperation of all stakeholders, which requires adherence to corporate governance practices that are continuously being reviewed
In this regard I believe it is both prudent and essential for management to act as trustees of the shareholders at large and prevent asymmetry of benefits between various sections of shareholders, especially between the owner-managers and the rest of the shareholders
After Mtutuzeli had worked tirelessly in consolidating the operations of Telkom subsidiaries, he went on to be the Group Company Secretary for State Information Technology Agency
He served the Exco, Board and Board Sub Committees
At this stage he had three company secretaries servicing Subsidiary Companies of Sita reporting to him
Interaction with Cabinet Ministers and presentations to the Portfolio Committee in Parliament was part of the responsibilities as an Exco member and Group Company Secretary
Mtutuzeli then got involved in the Hotel, Gambling industry serving as the Group Secretary of Tsogo Sun Gaming
In this role besides the usual responsibilities of statutory duties and advisory service to the Board he interacted with the Gambling Board and Provincial Government leaders regarding amongst others expansion phases of the entities we were operating as well as compliance management
The Department of Public Enterprises has on two occasions requested Mtutuzeli to assist in their State-owned enterprises
In this role he executed Company Secretarial Services and overseeing corporate governance compliance of the State -Owned Entities
He has served as a Group Company Secretary to both Alexkor and Eskom Group Holdings
Mtutuzeli has served in various companies as a director and in others on an advisory capacity, whilst others as an independent director
Over the period Mtutuzeli has spear-headed various consulting assignments and projects
In the light that my qualifications meet the requirements for both positions; I would like to express that my extensive Company secretarial experience, in either position; would be both strategic and of value to have at your disposal for both positions advertised
Keeping our labour regulatory framework in mind, I am aware of the fact that my age may be an inhibiting factor when considering my candidacy; However, I would implore you to view it differently, simply because as a function and consequence of my age, I am able to leverage both my dexterity and extensive experience in the company secretariat industry
Pardon my backhanded humour, but I do feel it necessary to mention my good health, owing to my diamond status as Virgin Active regular
Dainfern Square in case anyone is wondering
With all the sentiments expressed in both this email and my CV, I would like to unequivocally express, that whilst I believe beyond any reasonable doubt that I am both equipped and capable to head the Company Secretarial Department however, I would also just as ably, manage the Deputy Company Secretarial duties too
Ultimately, it has been paramount to keep abreast of all developments within the company secretariat practice
In this regard I avail myself to relevant conferences and workshops
Key workshops and conferences that I attend include King Conferences on Corporate Governance
The workshops on the Institute of Directors, Ethics Institute including workshops and conferences hosted by The Institute of Chartered Secretaries and Administration NOW called The Corporate Governance Institute of Southern Africa.
Timeline
Company Secretarial Practice - undefined
Eskom Holdings SOC Ltd
07.2019 - 12.2019
Group Company Secretary
Alexkor Soc Pty
06.2017 - 12.2017
Non- Executive Director
Davis-Dean Pty Ltd
01.2017 - 06.2017
Managing Member
Collateral Trading 201
09.2008 - 08.2016
Group Company Secretary
Tsogo Sun Gaming
03.2004 - 08.2008
Group Company Secretary
State Information Technology Agency
04.1999 - 02.2003
Deputy Company Secretary
Telkom
02.1995 - 03.1999
Director, Companies and Director
Khayalethu Homes
01.1993 - 01.1995
Financial Advisor
Sanlam Financial Advisors
01.1988 - 01.1993
Deputy Town Treasurer
Vosloorus Town Council
01.1986 - 01.1992
Secretary
African Bank
01.1982 - 01.1984
Economic Research Trainee
Davis Borkum Hare Stockbrokers Johannesburg Stock Exchange
Treaty & Facultative Reinsurance Broker at Oak Tree Intermediaries (Pty) LtdTreaty & Facultative Reinsurance Broker at Oak Tree Intermediaries (Pty) Ltd