DETAILED CV OF RUDOLPH JOHANNES WILLEMSE

PERSONAL DETAILS

Address 76 Kessel StreetFairland2115

Telephone (Home) 011 678 6282

Cell phone

e-mail (Business)

0832526762

Rudolph@regulatoryframeworks.co.za

Id Number 580705 5099 082

PROFESSIONAL CHRONOLOGY

5 July 1958 Born, Carletonville

1965 – 1971 Primary EducationDagbreek Laerskool, Carletonville

1972 – 1976 Secondary EducationCarletonville Hoërskool, Carletonville

1976 MatriculatedDistinctions in Afrikaans and English

1977 – 1979 Studied B Juris at Potchefstroom University

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 Potchefstroom University

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 OfficerNorthern 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 Enterprise Alliance, 2000

Director – Housing for HIV

Director - MIAGI

ACADEMIC QUALIFICATIONS

B Juris, Potch University, 1980

LLB, Potch University, 1982

LLM, UNISA, 1990

LLM, Wits, 1992

Diploma in Practical Tax, Law Society/ RAU, 2003

PUBLICATIONS

Articles “Energy Law Reform in South Africa” “Project Finance Newswire” 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, Sandton Crown Plaza, 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 Wits Graduate School of Public and Development Management :

Co-operative Housing, September 2000

Housing Associations and Co-operatives, October 2001

Insurance and guarantee products, November 2003

Graduate School of Business, University of Pretoria: The Regulation of Microfinance, 2005 & 2006

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, 1990

Hiking. (Wild Coast, 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 AfrikaansEnglishDutch (reading)French (very basic reading)German (basic reading)

Computer Literacy Word (basic)Excel (basic)

INDICATIVE PROFESSIONAL ASSIGNMENTS

CLIENT ASSIGNMENT YEAR

1 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 1992

on legal issues

14 Various clients : IDT Finance Corporation, King Finance, Altfin, Rural Finance Facility, Southfin, Standard Bank

Loan Documentation 1992onwards

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, 1998GN 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 MTN Mobile 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 Justice College on National Credit Act

2007

108 Ashira/Anglo Plats Advice on tax implications for employer sponsored social housing projects

2007

109 Finmark Trust/ ECI Legal input 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