Header Strip
Governance and Legal

Company Secretary
Adv. Yolande Lemmer                                            PA and Administrative Assistant                   Senior Legal Advisor    
                                                                                   Sonette Viljoen                                                  Mr. Julian Botha

                                       

   Legal Advisor
    Ms.Marli Smit                                           Legal Admin.Assitant
                                                                         Ms Karlien Pienaar             

                       

                                           

Our goals and vision     

•To be the best Governance and Legal Department any NPC can dream to have.
•To be an integral part of the SAMA “LIVUPP” strategic incentive.
•To be innovative, supportive, yet steadfast and strong-principled.
•To lead by example.
•To strive to achieve perfect equilibrium between human capital, on the one hand, and the adherence to governance and legal requisites, on the other.

Core business

Governance and Legal supply two main support functions:
•Corporate governance support (Company Secretary and the Corporate Governance Assistant / PA)
•Legal services support (Senior Legal Advisor, Legal Advisor and Administrative Assistant)
•The two “legs” of the Department however operate as each other’s reciprocal backup in all respects.

Governance

•The Company Secretary’s functions are encoded into the new Companies Act (Section 88) – the duties so stated form part and parcel of Yolande and Sonette’s daily tasks. 
•Their duties predominantly comprise support functions to the SAMA Chairman and Board of Directors as well as to various Board Committees.
•Their functions also include ensuring that SAMA complies with all relevant legislation and its own Memorandum of Incorporation, keeping and maintaining official company records, and ensuring that all minutes are kept in accordance with the Companies Act (i.e. adhering to good corporate governance as advocated in King III and provided for in the Companies Act).
•The Company Secretary has to continually address the structures and governance system within SAMA with clarity and sincerity.

Legal

•The legal side of the Department are manned by Julian, Marli and Karlien.
•They provide administrative and legal support to standing and sub-committees such as

  -  HRLE,

  -  EST, and

  -  SAMAREC.

•They are also responsible for compiling contracts, ensure adherence to existing contracts, and support to operational functions where applicable.
•They provide legal advice and support to SAMA members in respect of legal and human rights queries relating to the medical profession and practice.
•NB - Legal queries of a general or personal nature e.g. civil litigation, matrimonial issues and criminal cases fall outside the scope of the service offered by SAMA.
•They further provide guidance and advice to members on rulings by organisations such as the Health Professions Council of SA (HPCSA) and the Council for Medical Schemes (CMS).
•They also assist with scanning and interpreting of the health policy and legislative environments, and ensure that relevant information is transmitted to the Board, Management, Committees and Branches where applicable.
•They play an important role in providing advice on the interpretation of existing and proposed legislation, and draft and prepare submissions on behalf of SAMA to Parliament, Government Departments and other statutory bodies on proposed legislation, regulations, policy documents and other legal notices.

SAMA’s Branches

Furthermore, the Governance and Legal Department plays a key role in the support of the Branches in terms of advice on rules and regulations they have to adhere to (in conjunction with SAMA’s rules and regulations), the interpretation of constitutions, election procedures, etc.

Our favourite quote …

“The problems we have today cannot be solved by thinking the way we thought when we created them”
-Albert Einstein