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Crma7312 Mo
Crma7312 Mo
This guide enjoys copyright under the Berne Convention. In terms of the Copyright Act, no 98 of
1978, no part of this manual may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording or by any other information storage
and retrieval system without permission in writing from the proprietor.
Table of Contents
Introduction ............................................................................................................................................... 3
Using this Module Outline ......................................................................................................................... 4
This Module on Learn ................................................................................................................................ 5
Icons Used on Learn ................................................................................................................................... 6
Module Resources ..................................................................................................................................... 7
Module Purpose ....................................................................................................................................... 11
Module Outcomes ................................................................................................................................... 11
Assessments ............................................................................................................................................. 12
Module Pacer ........................................................................................................................................... 15
Glossary of Key Terms for this Module .................................................................................................... 30
Introduction
Welcome to Compliance and Risk Management. This module extends upon the Law of Enterprise
Structures (LAES7321) or Business Enterprise Law (BUEL6212). While LAES7321 and BUEL6212
focus on legal entities, their governance structures in terms of the Companies Act, 2008 and to
a limited extent corporate governance principles, Compliance and Risk Management focuses on
a particular aspect of corporate governance, that is compliance and risk. This module will thus
navigate a more in-depth exploration of compliance and risk as aspects of corporate governance
and should prepare you for Strategic Management (STMA7311) or Governance and Ethics
(GOET7312) depending on which Bachelor of Commerce in Law degree you are completing.
There is risk in everything that we do. The corporate environment (including the legal corporate
environment) presents an exciting environment to thrive and grow. However, the associated and
potential risks need to be managed to ensure the sustainability of a business, and if the business
is not sustainable, who do we hold accountable? This practical module will take you through
enterprise-wide risk management, the process involved in risk management, developing a sound
risk management plan, how to report risks and more importantly how to respond to risks.
Please remember that to get the most out of this module, it is essential that you read all the
prescribed texts before classes. When doing so, keep a pencil handy, and make notes, questions,
and comments as you read so that you engage more deeply with the language, style, and
content. You can dramatically improve your comprehension and levels of enjoyment in reading
by doing so! You are encouraged to engage with the activities on the Learn platform. It will help
you to engage with problem-type scenarios, to enable you to apply knowledge learned to
practical scenarios.
• This document does not reflect all the content on Learn, the links to different resources,
nor the specific instructions for the group and individual activities.
• Your lecturer will decide when activities are available/open for submission and when these
submissions or contributions are due. Ensure that you take note of announcements made
during lectures and/or posted within Learn in this regard.
Kindly note:
• Unless you are completing this as a distance module, Learn does not replace your
contact time with your lecturers and/or tutors.
• CRMA7312 is a Learn module, and as such, you are required to engage extensively
with the content on the Learn platform. Effective use of this tool will provide you
with opportunities to discuss, debate, and consolidate your understanding of the
content presented in this module.
• You are expected to work through the learning units on Learn in your own time –
especially before class. Any contact sessions will therefore be used to raise and
address any questions or interesting points with your lecturer, and not to cover every
aspect of this module.
• Your lecturer will communicate submission dates for specific activities in class and/or
on Learn.
Icon Description
A list of what you should be able to do after working through the learning
unit.
Sections where you get to grapple with the content/theory. This is mainly
presented in the form of questions which focus your attention and are aimed
at helping you to understand the content better. You will be presented with
online resources to work through (in addition to the textbook or manual
references) and find some of the answers to the questions posed.
Module Resources
Prescrib The following textbook is prescribed for this module:
ed Wixley, T. Everingham, G. & Louw, K
Material Corporate Governance The Director’s Guide
(PM) for ISBN: 9781928309222
this
The following are also prescribed material for this module:
Module
Legislation:
Websites/articles:
entification.pdf
• Financial Advisory and Intermediary Services Act 38 of 2002 – Qualifications, Experience and
Criteria for approval as compliance officer – available at
http://www.saflii.org/za/legis/consol_reg/qeacfaaco610.pdf
• Jackson A, Boswell K, Davis D ( 2011) Sustainability and triple bottom line reporting- What is
it all about. International Journal of Business, Humanities and Technology Vol 1 (3) 55-59.
• Mariz, G (2013) The career of Compliance Officer. The South African Financial Markets
Journal 18th Ed 2013 at
http://financialmarketsjournal.co.za/oldsite/18thedition/complianceofficer.htm.
• Natesan P, du Plessis P (2019) Why Kin IV’s “apply and explain” is so important. At
https://www.iodsa.co.za/news/438882/Why-King-IVs-apply-and-explain-is-so-important.htm
• Risk Connect (2021) Compliance vs. Risk Management: What’s the Big Difference? At
https://riskonnect.com/risk-management-information-systems/compliance-vs-risk-
management/# (accessed 28 July 2023)
• Sipho Nkosi “Risky business: Managing risk to innovate, change and develop” 2022 (March)
De Rebus 12 available at: https://www.derebus.org.za/risky-business-managing-risk-to-
innovate-change-and-develop/
Recommended Please note that several additional resources and links to resources are
Readings, Digital, provided throughout this module on the Learn platform. You are
and Web encouraged to engage with these as they will assist you in mastering
Resources the various objectives of this module. They may also be useful
resources for completing any assignments. You will not, however, be
assessed under examination conditions on any additional or
recommended reading material.
Module Purpose
After completion of this module, you will be equipped with the necessary skill and
knowledge required in practicing as an attorney or working in the corporate world especially
in risk and compliance roles for example.
Module Outcomes
Understand and analyse the compliance management process within the
MO1 organisation within the context of the South African regulatory environment.
Understand and analyse the risk management process and the role of the risk
MO2 manager within the organisation.
Integrate information and apply in-depth knowledge gained and propose creative
solutions to given practical scenarios using common terms/terminology and
MO3
established theories and principles.
Assessments
Integrated Curriculum Engagement (ICE)
Minimum number of ICE activities to complete 4
Weighting towards the final module mark 10%
Summative Examination
Weighting 35%
Duration 2 hours
Total marks 120
Open/Closed book Closed book
Resources required None
Learning Units covered All
Examination
The examination will assess • Ensure that you work through all the activities,
all learning units in this exercises, and revision questions on Learn and in your
module and will include textbook. You must have completed close readings of
both theory and
your prescribed material to ensure that you have
application-type questions.
prepared adequately for your examination for this
You will be expected to module.
respond to short, theory- • Pay close attention to the instruction words (like list,
based questions, as well as apply, describe, analyse, etc.) and to the mark
to longer essay-type allocations of each question to ensure that you provide
questions. the correct depth and detail in your answers.
• Make sure that you are comfortable in responding to all
the objectives for all learning units.
• Brainstorm possible questions based on the learning
outcomes and objectives provided.
Module Pacer
Code Programme Contact Sessions Credits
CRMA7312 BML3; BCIL2; BIL2 36 15
Learning Unit 1 An Introduction to Practical Risk Management, the nature of risk
and the importance of focussing on Risk
Overview:
We are faced with risks every day. These risks can be personal or common to the people within
our circles. For instance, when we go out, we are faced with the risk of adverse weather
conditions, like hail. The risk of unfavourable weather conditions will always be present; we
cannot make it disappear, but we can make use of protective clothing, such as raincoats and
boots. Alternatively, we can avoid going out and, by so doing, we eliminate the risk of
encountering bad weather conditions. In certain situations, we can even benefit from risk, for
example by selling raincoats to people who got caught in the rain.
The concept of risk is also applicable in business. There are certain occurrences that may
present businesses with risk, depending on the internal and external environments in which
they operate. Various risk types exist and, just like people, businesses identify these risks and
mitigate them accordingly.
In this learning unit, we are going to demonstrate the understanding of risk as it applies to
businesses. We will also distinguish between the two risk classes, which are pure risks and
speculative risks. Additionally, we will cast the spotlight on corporate governance and how it
is used to manage risks that emanate from unethical conduct of various stakeholders.
Please work through Themes 1, 2, and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for this
learning unit, please also ensure that you complete all activities on Learn.
The challenges you may experience in this learning unit relate to identifying whether an
example is a pure risk or a speculative risk.
Overview:
Before we can implement good corporate governance, we first need to establish what the
company’s purpose is and how it plans to achieve this. A business is only really considered a
success if it manages to reach its goals and achieve its purpose. For example, if a company is
formed to provide PPE to a hospital during COVID-19, does this, and is then de-registered
after, the company has achieved its purpose, and we consider this to be a successful company.
For us to understand a business’ purpose, we must look at the process of strategic planning
as this has an impact on how the company would function.
It is not simple for most businesses to follow best international business practices on their
own. The government, through its various independent agencies, is responsible for making
regulatory guidelines that businesses must comply with. There are many pieces of legislation
that South African businesses are expected to adhere to. These laws and Acts help to keep
various stakeholders in line by stipulating what is expected of them and the statutory
consequences of not complying.
In this learning unit, we will look at what role effective strategy plays in effective corporate
governance, and we will look at the elements of governance as listed in King III and King IV. In
addition to this, we will discuss the recommended business practices and demonstrate the
applicability of these principles to a set of business facts. Most importantly, we will go through
various pieces of legislation and the importance of complying with typical legislative
requirements. Lastly, we will look at what it takes to become a compliance officer.
Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for this
learning unit, please also ensure that you complete all activities on Learn.
The challenges that you may experience in this learning unit are differentiating between the
King III and King IV Reports on Corporate Governance in South Africa.
Overview:
Risk management is a discipline that everyone within an organisation must be familiar with.
There are many elements of risk management, such as principles, functions and
implementation which must be put in place. All these elements and many others, depending
on the business, must be documented, and used as guidelines.
Establishing a risk management policy is one way of ensuring that every key player within an
organisation knows what is expected of them when executing their duties. A risk management
policy is aligned with the strategic vision of a business because it is at the core of how risk
management is operationalised.
Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for this
learning unit, please also ensure that you complete all activities on Learn.
Learning Unit 4 Risk Management and the Business Environment in South Africa
Overview:
Every business faces several risks, which emanate either from within the organisation itself or
from outside. These risks are usually unique to the business environments in which they
operate. Businesses that operate in South Africa face unique risks which may be fundamentally
different from businesses that operate in Botswana, for example. It is against this background
that most businesses use risk management frameworks that are unique to the South African
macro-environment.
In this learning unit, we will outline the risk management framework common to South African
businesses. We will also look at the components of an integrated report and evaluate the
functions and purpose of certain committees.
Please work through Themes 1, 2 and 3 on Learn, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for this
learning unit, please also ensure that you complete all activities on Learn.
Learning Unit 5 The Audit Committee, the Internal Audit and External Audit.
Overview:
The Audit Committee is arguably one of the most important committees within a business.
The directors of a company cannot always know every aspect of the business and therefore
must delegate some important tasks, like the tasks given to the Audit committee. The Audit
Committee also maintains several important relationships and ensures a great deal of
compliance.
A business should perform internal audits to ensure that its risk management and compliance
activities are in order. In this learning unit, we are going to examine the regulatory
requirements of an internal audit and investigate the many pitfalls that a business needs to
look out for when conducting one.
No module on compliance would be complete without a detailed look at the external audit.
The external audit has changed drastically from what it used to be, and it now gives a much
more “well-rounded” view of the business’ finances and other aspects. In recent years several
big companies have come under scrutiny for the apparent failure of their external auditors,
and it has become increasingly important to ensure full compliance when conducting one.