Directors’ duties in South Africa: How do boards deal with challenges?

In this episode, Bowmans’ partner Chris Todd continues his discussion with Bowmans’ senior consultant Graham Damant, this time focusing on the obligations and duties of boards in South Africa in relation to CEOs. They delve into how a board should respond to allegations of misconduct by a CEO, including considerations on whether it is appropriate to suspend the CEO. They also discuss the board's obligation to address misconduct committed by the CEO, outlining the appropriate process to be followed and the steps to be taken. Additionally, they cover the board's responsibility to assess the performance of the CEO and take remedial steps for poor performance, which may include termination of employment. Lastly, they explore the board’s duties and the factors that should be considered when concluding a mutual separation agreement with a CEO or senior executive.