South Africa: Corporate/Commercial Law

When acquiring a business, the purchase price often reflects intangible assets like customer relationships, reputation, and market position. How can purchasers protect the goodwill they've paid for when sellers may be positioned to immediately compete using the same relationships and knowledge that contributed to the transaction value?

South Africa's most significant transactions reveal a fundamental shift in how strategic assets are valued and controlled. From Pepkor's fintech consolidation to Anglo American's De Beers sale, buyers are pursuing established market positions, but regulatory conditions and competitive constraints are limiting how freely these acquired platforms can be deployed.

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.

While organisations invest heavily in data governance frameworks to manage information security and compliance, a critical gap is emerging: the assumption that governing data automatically means governing the AI systems that use it. This article examines why data governance and AI governance are distinct disciplines, exploring the unique risks that arise when AI operates faster than the governance structures designed to control it...

Struggling to pay a significant tax debt? Learn how a compromise works, what SARS requires and why timing matters if you are disputing an assessment.

Embedded payments are transforming how consumers transact, moving payment functionality into everyday devices like game controllers, wearables, and connected objects. As South Africa's Reserve Bank modernises its payment ecosystem, businesses must navigate the regulatory implications of making payments invisible while ensuring accountability remains transparent.

International investors look beyond an African startup’s product and growth potential. They also assess whether its corporate structure supports investment, protects intellectual property, enables expansion across multiple markets and can accommodate future funding rounds or an eventual exit.

Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c

Beginselgebaseerde onderhandelinge tydens IP-waardasie vereis dat entrepreneurs finansiële state, ROI, beleggersrisiko en volhoubaarheid strategies verstaan.

International investors look beyond an African startup’s product and growth potential. They also assess whether its corporate structure supports investment, protects intellectual property, enables expansion across multiple markets and can accommodate future funding rounds or an eventual exit.

A South African High Court case examines whether sustained defiance of a court interdict—including broken locks, torn orders, burning tyres, and a false alibi—constitutes contempt of court beyond reasonable doubt. The judgment addresses the four requirements for contempt and the consequences of brazen disregard for judicial authority.

The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.