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KZNLQA | Governance | Board of Directors | Events Calendar


Welcome to the Governance Page

The KwaZulu-Natal Liquor Authority (KZNLA), is a public entity governed by the KwaZulu-Natal Liquor Licensing Act no 06 of 2010, and is defined as a Schedule 3C Public Entity in terms of the Public Finance Management Act no 1 of 1999. The KZN Liquor Authority acknowledges the importance of applying corporate governance principles of the protocol on corporate governance in the public sector, and the King III Report on Corporate Governance, in the execution of governance activities in order to improve the operation of the Board of the KZNLA

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Head Office

BOARD AND DIRECTORS

The KZN Liquor Authority is headed and controlled by an effective and efficient Board, comprising of executive and non-executive directors of whom, the majority are non-executive directors in ensuring independence and objectivity in decision making.  The Board constitutes a fundamental base of corporate governance in the public entity. 

As recommended by the King Code, the KZN Liquor Authority has a charter setting out its responsibilities, which are disclosed in the annual report.  The charter confirms the Board's responsibility for the adoption of strategic plans, monitoring of operational performance and management, determination of policy and processes to ensure the integrity of the KZN Liquor Authority's risk management and internal controls, communication policy, and director selection, orientation and evaluation.  Accordingly, the Board Charter sets out the corporate governance policies of KZNLA, as adopted by the Board.  

Required standards of disclosure should be satisfied and, in particular, timely disclosure is to be made by organisation of information, which may affect the shareholder value or which may influence Government's decisions in relation to the public entity.

COMPOSITION OF THE BOARD

 In line with the Liquor Licensing ACT, the Liquor Authority consists of:

  • Five members appointed by the MEC for Economic Development ,Tourism and Enviromental affairs.
  • The CEO as an ex officio member of the Board.

The composition of the Board is in line with section 2 (a-d) of the KZN Liquor Licensing ACT no 06 of 2010.

ROLE OF THE BOARD

    • The Board of the public entity has absolute responsibility for the performance of the public entity and is fully accountable to the shareholder ( Economic Development ,Tourism and Enviromental affairs - EDTEA) for such performance. As a result, the Board provides strategic direction to the organisation, and in concurrence with the executive authority appoints the Chief Executive Officer and ensures that an effective succession plan for all directors and key executives is in place and adhered to.
    • The Board must retain full and effective control over the public entity and monitor management closely in implementing Board plans and strategies.
    • The Board should ensure that the public entity is fully aware of and complies with applicable laws, regulations, government policies and codes of business practice and communicates with its shareholder and relevant stakeholders openly and promptly with substance prevailing over form. As a result, it is imperative that the board should have an agreed procedure in terms of which a director/s may, if necessary, solicit independent professional advice at the expense of the public entity.
    • All Board members should ensure that they have unrestricted access to accurate, relevant and timely information of the public entity and act on a fully informed basis.  They should act in good faith, with diligence, skill and care and in the best interest of the public entity, whilst taking account of the interests of the shareholder and other stakeholders, including employees, creditors, customers, suppliers and local communities. To this end, the Board must monitor closely the process of disclosure and communication and exercise objective judgment in the affairs of the public entity, independent of management. In so doing, each individual member of the Board must keep confidential all confidential matters of the public entity.

 

OBJECTIVES OF BOARD

 

  • The objects of the Liquor Authority are to:
    • Consider, grant or reject liquor licence applications in the province;
    • Issue licences in terms of Chapter 6 of this Act;
    • Enhance accessibility of liquor licences in the province;
    • Ensure a uniform, fair, equitable and transparent process in the issuing of liquor licences;
    • Work with the responsible member of the Executive Council, the Department, municipalities and the liquor industry in the province in order to implement and promote national and provincial liquor policies and norms and standards; and
    • To implement and promote initiatives which address the objects of the Act as provided for in Section 2(b) and (d).

Power, duties and functions of the BOARD

 

  • The Liquor Licensing Act lists the following powers, duties and functions of the Board:
    • Consider and process applications.
    • Refuse or grant liquor licence applications.
    • Advise the MEC on any matter referred to the Liquor Authority by the MEC
    • Investigate and make recommendations to the MEC, regarding any matter relating directly or indirectly to the liquor industry in the province.
    • Advise the MEC on the development of a social responsibility programme in respect of alcohol consumption and the implementation thereof.
    • Assist with the MEC in formulating policy and the establishing of norms and standards concerning any matters in relation to the liquor industry in the province.
    • Participate in programmes aimed at promoting the development of a responsible and sustainable retail and micro-manufacturing liquor industry in the province.
    • Initiate and participate in the development programmes aimed at reducing the socio-economic and other effects of alcohol abuse.
    • Assist and advise the responsible MEC on the development of a programme in order to pursue the objects of the Act as detailed in Section 2.
    • Within the framework of the national and provincial liquor policies, assist and advise the MEC with regard to advising and guiding local committees, the business unit within the Department responsible for small business development, stakeholders in the liquor industry, consumers and organisations or institutions whose activities or aims have an impact on and relate to the liquor industry in the province.
    • Perform such other functions as may be assigned to it in terms of this Act.

STATUTORY MANDATE OF THE LIQUOR AUTHORITY

 

  • The foremost aim of the Liquor Authority is to ensure that the objectives of the Liquor Licensing Act are accomplished.
  • The Liquor Licensing Act lists the following as the objectives:

    • To provide for the regulation of the micro-manufacturing and retail sale of liquor;
    • To reduce the socio-economic and other costs of alcohol abuse;
    • To provide for public participation in the consideration of applicants for registration;
    • To promote the development of a responsible and sustainable retail and micro-manufacturing liquor industry in a manner that facilitates:
    • The entry of new participants into the industry;
    • Diversity of ownership in the industry;

    An ethos of social responsibility in the industry

COMMITTEES OF THE BOARD

Guided by the recommendation of the King Code on Corporate Governance and the circumstances of the public entity, the KZN Liquor Authority has established the following Board Committees, which are appointed by the chairperson:

Audit and Risk Committee

The Audit and Risk committee is responsible for improving management reporting by overseeing audit functions, internal controls and the financial reporting process. The committee is further responsible for monitoring and managing risk issues as delegated by the Board.  The majority of the members of the Audit and Risk committee are financially literate.  The Board has appointed an independent, non-executive director as a member of the Audit and Risk Committee.

Human Resources and Remuneration Committee

The Board has established a Human Resource and Remuneration Committee comprising of executive management and non-executive directors.  The Committee attends to all HR related matters and approves HR processes adopted by the organisation, whilst further determining the Remuneration for executive directors based on individual director's level of expertise and contribution to the success of the public entity.  The committee will review remuneration benchmarks on a regular basis.

Adjudication Committee

 

The committee is responsible for attending to specific matters relating to the functions of the Board in line with considering and processing of all applications for Liquor Licensing in terms of the Liquor Licensing Act. 

Board Committees have written Terms of Reference, which sufficiently describe committee membership, authority and duties.