Detailed Cv of Rudolph Johannes Willemse
DETAILED CV OF RUDOLPH JOHANNES WILLEMSE
PERSONAL DETAILSAddress / 76 Kessel Street
Fairland
2115
Telephone (Home) / 011 678 6282
Cell phone
e-mail (Business) / 0832526762
Id Number / 580705 5099 082
PROFESSIONAL CHRONOLOGY
5 July 1958 / Born, Carletonville
1965 – 1971 / Primary Education
Dagbreek Laerskool, Carletonville
1972 – 1976 / Secondary Education
Carletonville Hoërskool, Carletonville
1976 / Matriculated
Distinctions in Afrikaans and English
1977 – 1979 / Studied B Juris at PotchefstroomUniversity
26 March 1980 / Obtained B Juris Degree
Distinctions in Latin I, Private Law I, Jurisprudence, Interpretation of Statutes and Political Science I
1981 – 1982 / Studied LLB at PotchefstroomUniversity
30 March 1982 / Obtained LLB Degree
Distinctions in Reformative Legal Thought and Comparative Law
14 December 1982 / Admitted as Advocate of the Supreme Court of South Africa
1982 – 1983 / Military Training, Legal Officer
Northern Transvaal Headquarters
8 January 1984 –
30 November 1986 / Employed as State Prosecutor: Magistrates Court (Newlands)
Regional Court (Protea)
Specialist Statutory Court, Court 8, Johannesburg
1 November 1986 / Employed as State Law Advisor, Department of Justice, Pretoria. Particularly involved in legislative drafting and drawing opinions on administrative law, constitutional law and interpretation of statutes
9 August 1988 / Entered into Articles of Clerkship at EFK Tucker Inc.
30 April 1990 / Obtained LLM Degree (UNISA)
Courses : Jurisprudence, Legal comparative method, Constitutional Law and Legal Historical Studies
Dissertation : “The Presumption that enactment does not bind the State and the ‘Rule of Law” : A Jurisprudential Perspective”
August 1990 / Completed Articles of Clerkship
23 October 1990 / Admitted as an Attorney of the Supreme Court of South Africa
Appointed as Associate, EFK Tucker Inc.
August 1991 / Appointed Director EFK Tucker Inc.
30 April 1992 / Obtained LLM Degree (Wits)
Courses : General Principles of Property Law (Distinction), Mining Law, Property Rights pertaining to Black persons, Conveyancing (distinction)
Research Report: “The Property Clause in a Bill of Rights for South Africa”
1994 / Appointed Chairperson of EFK Tucker Inc.
1 August 2000 / Joined Hofmeyr Herbstein & Gihwala as Director
January 2001 – 2002 / Studied Diploma in Practical Tax, RAU
March 2003 / Obtained Diploma in Practical Tax, RAU
1 May 2003 / Joined the Home Loan Guarantee Company as Chief Operating Officer and Legal Counsel
1 May 2003 / Established Regulatory Framework CC to conduct desktop regulatory research
2005 / Appointed special part-time lecturer and Research Leader: Policy and Regulatory Programme, Centre for Microfinance, Graduate School of Business, University of Pretoria
1 February 2006 / Appointed Consultant at Kunene Ramaphala Botha - KRB Law Firm
February 2006 / Registered for LLD at University of Pretoria : “The South African regulatory framework for the funding, origination, and administration of housing loans in the low income housing market”
Other Positions / Part-time Lecturer, Criminal Law and Procedure, Technicon RSA, 1987
Chairperson, Micro EnterpriseAlliance, 2000
Director – Housing for HIV
Director - MIAGI
ACADEMIC QUALIFICATIONS
B Juris, PotchUniversity, 1980
LLB, PotchUniversity, 1982
LLM, UNISA, 1990
LLM, Wits, 1992
Diploma in Practical Tax, Law Society/ RAU, 2003
PUBLICATIONS
Articles / “Energy Law Reform in South Africa” “Project FinanceNewswire” March 2001
“Banks, village banks and deposit insurance”; FR Malan and Rudolph Willemse; TSAR 1996.4
“South African Case Study” Rudolph Willemse and Steven Goldblatt, 1997 in Berebbach, S & Churchill C. (1997). Regulation and Supervision of Microfinance Institutions – experience from Latin Americal, Asia and Africa : Case Studies. Microfinance Network, Occasional Paper No. 1, Volume 2.
“A move against warlordism” , Comments on the Communal Property Associations Bill, Housing in Southern Africa, March 1996
“Housing Associations” Housing in Southern Africa, 1996
Unpublished Papers and Presentations / “The regulatory framework of retail lending institutions”; paper delivered at IDT Finance Corporation’s Risk Management Forum, September 1993
“Terms of Reference for development in the 1990s”, paper delivered at Property Law and Land Rights Conference” Protea Hotel, Midrand, 6 February 1995
“Developmental and Constitutional Issues in Gaming Legislation”; paper delivered at 2nd Annual Gaming and Gambling Conference, Carlton Hotel, 13 May 1996
“The Municipal Finance Management Bill and its implications for the Banking Sector” Paper delivered at the 2nd Annual Banking Law Symposium, Rosebank Hotel, 11 April 2002
“Recent Developments in Housing Law” ; paper delivered at National Low Income Housing Symposium, Indaba Hotel, 26 February 2003
“The regulatory framework for co-operative banking” paper delivered at the South-African Co-operative Banking Conference, Indaba Hotel, Fourways, 16 April 2003
“Corporate Governance and Social Housing Institutions”, Paper delivered at Nasho Congress, 11 August, 2003
“The National Credit Bill and Developmental Credit”, Conference on the National Credit Bill, SandtonCrownPlaza, 30 November 2005 and February 2006
“The National Credit Bill and Housing Finance”, Conference on the National Credit Bill, Indaba Hotel, February 2006
The Regulations under the National Credit Act – MFSA Annual Conference, Aug 2006
Presentation on Developmental Credit Framework, Saccol, Rustenburg, July 2007
Book Reviews / “Theories of Rights” by Waldron J (Ed) and “Rights, killing and suffering” by Frey RG, in South African Journal of Philosophy, 1988 (2) Vol. 7, 190
“Harm to Others : The Moral Limits of the Criminal Law” by Feinberg J, in South African Journal of Philosophy 1987 (4) Vol. 6, 155
Columns / Monthly Housing Law Update in Housing in South Africa , 1999
Lectures / WitsGraduateSchool of Public and Development Management :
- Co-operative Housing, September 2000
- Housing Associations and Co-operatives, October 2001
- Insurance and guarantee products, November 2003
International Conferences
and visits / Norway, Introduction to housing co-operatives, 1999
Washington, International Conference on the Regulation of Microfinance, 2000 – visit to Fanny Mae
Mauritius, AUHF, Housing Finance Conference, 2003
Brussels, IUHF, Housing Finance Conference, 2004
HOBBIES
Music. Co-owner of the Music Box, Norwood, 1990Hiking. (WildCoast, Otter Trail, Tsitsikama, Whale Trail, Strandloper)
Poetry. Published “Kweekskool”, Perskor, 1982 and “Middelman”, 2005. Poems also taken up in Nienaber et al “Digters en Digkuns”, 1985 and Van Wyk et al “SA in Poetry”. 1988), Komrij G “Die Suid-Afrikaanse poësie in ‘n duisend en enkele gedigte”, 2000; Andre P Brink “Groot Verseboek, 2000.
Published “Middelman”, Toga Publishers, June 2005.
Produced “Middelman”, the show, with Marcel van Heerden and Nick Hauser at KKNK art festival, Oudtshoorn, April 2005.
Studies. Philosophy, Science of Religion, Literary Science, History of Music (Unisa))
LANGUAGE AND COMPUTER SKILLS
Language proficiency / AfrikaansEnglish
Dutch (reading)
French (very basic reading)
German (basic reading)
Computer Literacy / Word (basic)
Excel (basic)
INDICATIVE PROFESSIONAL ASSIGNMENTS
CLIENT / ASSIGNMENT / YEAR1 / The Urban Foundation / The design, structuring and registration of the Home Loan Guarantee Company, development of its guarantee products and draft amendments to the Usury Act, 1968 (the Usury Act Amendment Act, 1990 (Act No. 67 of 1990) * / 1989
2 / Group Credit Company / Loan documentation and debenture trust funding arrangements / 1989
3 / The Urban Foundation / Submission and Supplementary submission to the Director General of the Department of Finance and the Registrar of Financial Institutions, May and October 1990 regarding the temporary Diversion of Pension Fund Contributions for the purposes of Facilitating Access to Housing* / 1990
4 / Home Loan Guarantee Company / Guarantee Products / 1990 onwards
5 / The Urban Foundation / Facilitating the repeal of the Group Areas Act : Working Document on the public law implications of repealing legislation providing for different race zones in respect of different races / 1990
6 / The Urban Foundation / Facilitating the Repeal of the Group Areas Act : Input into the Abolition of Racially Based Land Measures Act, 1991 and related legislation* / 1991
7 / The Urban Foundation / Conceptual framework for land legislation * / 1991
8 / The Urban Foundation / Review of tax dispensation for housing institutions, input into draft income tax amendments. Income Tax Amendment Act, 1992 (Act No141 of 1992)* / 1991
9 / The Urban Foundation / The legal arrangements for the in situ upgrading of Besters Camp: Proposals to the legal committee on jurisdictional, statutory and contractual issues / 1991
10 / The Urban Foundation / The Amendment of Section 18A of the Income Tax Act, 1962 to facilitate the funding of primary education / 1991
11 / Technicon RSA / Development of course material for Housing Management I Course, Legal aspects of housing / 1992
12 / Planact / Local Government Structures : the existing national regulatory framework for constitutional, institutional and administrative structure of local government / 1992
13 / LAPC / Land distribution options, input on legal issues / 1992
14 / Various clients : IDT Finance Corporation, King Finance, Altfin, Rural Finance Facility, Southfin, Standard Bank / Loan Documentation / 1992
onwards
15 / Cato Manor Development Association / Advice on jurisdictional and contractual issues / 1993
16 / Soweto on Sea Development Trust / Project implementation and contractual arrangements / 1993
18 / Group Credit Company / Conversion of the Group Credit Company into a mutual bank, the registration of Cashbank as a mutual bank / 1994
19 / The Development Law Services Trust / Representing the Jouberton and Kenana Civic Association in bond boycott negotiations with Kyaletho Home Loans / 1994
20 / Cashbank / Loan documentation, investment agreements, operations manual / 1994
21 / Cope Housing Association / Constituting documents / 1994
22 / The Development Services Trust : CUSSP Project / The establishment of community development trusts, procuring tax exemption / 1994
23 / The National Home Builders Registration Council (NHBRC) / The design, structuring and registration of NHBRC, the drafting of its rules and legal documentation, procuring tax exemption / 1995
24 / The National Urban Reconstruction and Housing Agency (Nurcha) / The design, structuring and registration of Nurcha; the drafting of necessary legal agreements with the Open Society Foundation (George Soros) and its standard guarantee products, procuring tax exemption / 1995
25 / Centre for Applied Legal Studies, Wits / The drafting of the Communal Property Associations Act, 1996 (Act No. 28 of 1996) / 1995
26 / JDR Consulting/ Friederich Ebert Stiftung / Relevance of the German Bausparkassen System to the South African Housing Situation / 1995
28 / Strauss Commission of Inquiry into the provision of rural financial services / Research report: Laws and Practices pertaining to Banking and Financial Services which may prohibit the provision of financial services in rural areas / 1996
29 / Gauteng Provincial Government / The drafting of the Residential Landlord and Tenant Act, 1996 (Act No. 3 of 1997) / 1996
30 / Gauteng Provincial Government / Drafting of the Removal of Restrictions Act, 1996 / 1996
31 / The Village Bank Project / Advice on legal structure, development of regulatory model, drafting of exemption under the Banks Act, 1998
GN 367 of 10 March 1998 / 1996
32 / Matthew Nell & Associates/ Lance Baily / Research Report: The regulatory framework pertaining to the provision of housing finance / 1996
33 / Kondotel / Gaming licence application / 1996
34 / Matthew Nell and Associates/ National Department of Housing and Kreditanstalt fur Wideraufbau, Germany / The Establishment of the Rural Housing Loan Fund: Design, structure and legal documentation / 1996
35 / National Housing Finance Corporation (NHFC) / Loan documentation / 1997
36 / Housing Institutions Development Fund / Standard housing institution documentation / 1997
37 / Khula Enterprise Finance / Loan documentation / 1997
38 / Mpumalanga Equity Fund / Establishment and standard documentation / 1997
39 / NHFC / Proposals to the Minister of Housing re legislative changes / 1997
40 / Mortgage Indemnity Fund / Wedela repayment situation – liability assessment / 1997
41 / First National Bank; Matthew Nell & Associates / The Basic Shelter Programme :
Structuring and tax proposals / 1997
42 / National Home Builders Registration Council (NHBRC) / The drafting of the Housing Consumer Protection Measures Act, 1998 (Act. No 95 of 1998) and regulations thereunder GG 20658 of 1 Dec 1999 / 1997
43 / Matthew Nell & Associates / Katorus Presidential Lead Project: Remedies for non- payment of services / 1998
44 / Matthew Nell & Associates/ Gauteng Provincial Government / The regulatory framework relating to community development corporations / 1998
45 / Banking Council/ Sigodi Marah Martin (Pty) Ltd / Monitoring the repayment environment - input on legal and regulatory issues / 1998
46 / Social Housing Foundation / Current status of social housing in South Africa, Report to the Minister of Housing, section on regulatory framework and regulatory issues. / 1998
47 / Social Housing Foundation / Examination of the Regulatory Framework pertaining to social housing in different national jurisdictions / 1998
48 / The Department of Housing / The drafting of the National Housing Code, input on legal issues / 1998
49 / Micro Finance Regulatory Council (MFRC) / The design, structuring and registration of the MFRC; the drafting of its rules and legal documentation, assistance in the drafting of GN 713 of 1 September 1999 / 1999
50 / Cope Housing Association / Drafting of housing co-operative statutes / 1999
51 / Social Housing Foundation / Recommendations for a social housing policy framework in South Africa, Report to the Minister of Housing, sections on regulatory framework and regulatory issues / 1999
52 / Housing Finance Resource Progamme / Report on Regulatory Frameworks for Credit Unions / 1999
53 / MFRC / Assistance to the Department of Trade & Industry in the matter of Lurama 15 vs the Minister of Trade and Industry and the Micro Finance Regulatory Council / 1999
54 / National Housing Finance Corporation / Developing proposals for the establishment of Gateway Home Loans, drafting of relevant legal documentation for securitisation initiative / 1999
55 / Ntsika / Research Report on financial legislation impacting on SMME’s / 1999
56 / Social Housing Foundation / Model statutes for housing co-operatives / 1999
57 / The Department of Housing / Drafting of the Rental Housing Act, 1999 (Act No. 50 of 1999) / 1999
58 / Aefesis Corplan / Drafting of housing co-operative statutes, legal documentation and project advice / 2000
59 / Gateway Home Loans / Drafting of legal documentation for the securitisation of Cashbank’s mortgage loan book / 2000
60 / AES / Local counsel in the acquisition of Kelvin Power Station / 2000
62 / African Bank / Persal : Termination of payroll deductions / 2000
64 / Teba Bank / Payment system arrangements / 2000
66 / Nurcha/HLGC/JHC/NewHco / Advice on new tax dispensation / 2001
67 / Matthew Nell &Associates/ The National Department of Housing / Rental Housing Policy and Support Programme; Research report on legal framework and legal issues / 2001
68 / AES / Local counsel in the sale of Kelvin Power Station to Globaleq / 2002
69 / Johannesburg Housing Company / Company Restructuring,
share buy-back and tax exemption / 2002
70 / RTI / Drafting of draft disclosure regulations under the Municipal Finance Management Act / 2002
71 / Johannesburg Housing Company / Proposals re VAT and rental housing / 2002
72 / Johannesburg Housing Company/Matthew Nell & Associates / Shared Ownership Concept / 2002
73 / SBV / Proposed sale of company and restructuring arrangements / 2002
74 / Rand Merchant Bank / Input into Housing Association model – contractual arrangements / 2002
75 / MFRC / Micro Finance Regulatory Council vs South African Lending Affairs Council, A-Z International Finance Brokers (Pty) Ltd and Secondhand Dealers & Pawn Board Case No 20294.2002 TPD / 2002
76 / National Department of Housing/Ashira Consulting / Drafting of draft Regulations under the Home Loan and Mortgage Disclosure Act / 2000
77 / Matthew Nell & Associates / Assessment of Job Summit proposals / 2003
78 / Business Partners / Usury Act Opinions / 2003
79 / MFRC / Credit Law Review Project; research report – review of regulatory issues and regulatory framework for consumer protection / 2003
80 / ECI Africa/Finmark Trust / Member Based Financial Institutions: A review of the capacity, lessons learnt and way forward for member based financial institutions in South Africa / 2003
81 / Banking Council / Negotiations with the Landbank re statutory preferences / 2003
82 / Home Loan Guarantee Company / Aids Guarantee Product / 2003
83 / Matthew Nell & Associates / Social housing tax issues; Review for Social Housing Policy / 2004
84 / Finmark Trust/ Matthew Nell & Associates / The functioning of the secondary property market in townships, advice on legal and regulatory issues / 2004
85 / ECI Africa/Finmark Trust / The drafting of the Co-operative Banks Bill, 2005 / 2004
86 / Banking Council / Steering Committee: Sizwe housing finance proposals / 2004
88 / National Department of Housing/Shisaka / Proposals for the accreditation of municipalities to administer housing functions / 2005
89 / Treasury / Settling the Co-operative Banks Bill / 2005
90 / Centre for Microfinance / Submission to Parliament on National Credit Bill / 2005
91 / Centre for Microfinance / Submission on Regulations under the National Credit Bill / 2006
92 / MTNMobile Money / Assessment of the National Credit Bill for telephone banking / 2006
93 / Matthew Nell and Associates / Assessment of the functioning of sectional title units in the Johannesburg City Centre / 2006
94 / Shisaka / Drafting of amendments to the Social Housing Bill – preparation of draft social housing regulations / 2006
95 / MFRC / Advice on the implementation of the National Credit Bill / 2006
96 / Matthew Nell and Associates / Development of the shared ownership concept / 2006
97 / ECI/Finmark / Tax incentives for investors in small business: comments on research report / 2006
98 / Ashira/Department of Housing / Input on regulations under the Home Loan and Mortgage Disclosure Act / 2006
99 / Centre for Microfinance/ Finmark Trust / Development of a regulatory impact assessment tool for the assessment of the National Credit Act / 2006
100 / National Credit Regulator / Various assignments relating to the implementation of the National Credit Act / 2006
101 / RHLF / Compliance assessment of lending institutions in respect of the National Credit Act / 2006
102 / Micro Finance SA / Advice on the National Credit Act / 2006
103 / Centre for Microfinance / Development of course material on the National Credit Act / 2006
104 / National Credit Regulator / Development of a framework for developmental credit in terms of the National Credit Act / 2007
105 / SEF/SIDA/Vulindlela / Impact Assessment of National Credit Act on SEF (Small Enterprise Foundation) / 2007
107 / National Credit Regulator / Advice on required amendments to the Act and research into the interaction between the National Credit Act and Magistrates Courts Act / 2007
107 / National Credit Regulator/USAID / Advice on training material for JusticeCollege on National Credit Act / 2007
108 / Ashira/Anglo Plats / Advice on tax implications for employer sponsored social housing projects / 2007
109 / Finmark Trust/ ECI / Legalinput on the consumer redress landscape for financial services / 2007
110 / Nedbank/Shisaka / Procurement of finance under the Municipal Finance Management Act / 2007
111 / Old Mutual / Advice on the municipal borrowing for housing purposes and procurement / 2007
112 / ABSA / Advice on micro enterprise finance products and regulation / 2007
113 / World Bank / Input on housing finance survey / 2007
114 / SEF / Advice on funding agreement / 2007
115 / Shisaka / Advice on the urban land market / 2007
116 / Centre for Microfinance / Submission on Co-operative Banks Bill / 2007
117 / ECI / Advice on regulatory framework for co-operatives / 2007
118 / ECI / National Treasury / Advice on the regulation of the development finance system / 2007
119 / National Department of Housing / Settling the Housing Development Agency Bill / 2007
120 / Marang Financial Services / Drafting of group loan agreement for NCA compliance / 2007
121 / Respond! / Advice on municipal land procurement and social housing development viability / 2007
122 / National Credit Regulator / Advice on the future arrangements for the National Loans Register / 2007
123 / International Housing Solutions / Advice on Regulatory Framework for Housing Finance / 2007