Over 100 Years of Collective Experience

Durham & Associates has a pool of experts with over 100 years of combined experience and knowledge in regulatory compliance, the Medical Schemes Act, its interpretation as well as enforcement by the Regulator. We are in a unique position to assist medical schemes and insurance companies in mitigating the potential risk of current or future non-compliance. Our services range from litigation, governance, compliance, mediation and conducting of surveys and statistical analysis.

Litigation

We offer litigation and ancillary services with the unique benefit of regulatory knowledge acquired over a span of nearly 20 years. Our litigation services range from legal advisory services, reviewing of papers and heads of argument, reviewing of contracts, to liaising with medical schemes under administration.

Offering

Advice pertaining to the regulation of the medical schemes industry and other relevant legislation regulating the environment. This includes aspects such as the Medical Schemes Act, Act 131 of 1998, the Inspection of Financial Institutions Act, the Protection of Funds Act and other related legislation.
Review of papers and heads of argument pertaining to matters scheduled for hearing before the various regulatory tribunals.
Review of contracts and furnishing advice on various contractual matters.
Liaise with medical schemes under administration on various matters including legal compliance and corporate governance requirements.
Attend to critical, urgent or burner issues which may arise as a result of transgression or non-compliance and which require immediate intervention.

Governance

Offering

Provide assistance with the process of Election of Trustees, including the performance of Fit & Proper checks.
Ensure that Annual General Meetings (AGMs) are conducted in line with the requirements of the Medical Schemes Act.
Facilitate increased member participation in AGMs through innovative use of Information Technology.
Facilitate Trustee Training interventions and resultant collection of Continuous Professional Development (CPD) points.
Advise Boards of Trustees in setting and maintaining effective IT Governance Frameworks to support strategic alignment, benefits delivery, risk optimisation and resource optimisation.

Compliance

We are in a unique position to ensure that you operate within the confines of the Medical Schemes Act and Regulations as well as other relevant policies, directives and laws which may from time to time be issued or promulgated.

Offering

Provide assistance during on-site inspections.
Provide guidance relating to compliance meetings with the Regulator.
Provide support in managing Compliance Checklists as part of a Compliance Toolkit.
Conduct Compliance Audits.

Mediation

Avoid costly litigation and arbitration. We offer mediation services in the resolution of disputes and provide assistance in building relationships with Regulatory Authorities.

Offering

Provide Mediation/negotiation services in the resolution of disputes to mitigate the risk of unnecessary and costly litigation.
Assist with building relationships with various Regulatory Authorities.
Provide guidance and advice in implementing effective dispute resolution mechanisms in your organisation.

Annual Industry Survey

Through close co-operation with industry stakeholders, we gauge the effectiveness of regulation by conducting an annual survey, based on metrics as per the Medical Schemes Act, as well as the Health Market Inquiry recommendations.

We perform ad-hoc surveys and statistical analysis as and when requested.

Offering

Gauge the effectiveness of regulation and the Regulatory Authorities.
Measured against deliverables as per the Medical Schemes Act and Health Market Inquiry.
Perform other surveys and measurements.
Perform statistical analysis.

Managed Chartered Secretarial Services

Free up your Board and Committees from administrative burden by considering our managed chartered secretarial service.

Offering

No need to appoint your own permanent chartered secretary. Durham & Associates provides a chartered secretary to attend to your needs.
Possibility to combine our chartered secretarial services with a market leading electronic board management solution.
We ensure audit and governance compliance with the highest levels of security and confidentiality.

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