South Africa: Corporate/Commercial Law

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Article
Emerging AI Risks: The Importance Of AI-crisis Response Plans
Generative AI tools are creating unprecedented compliance challenges for organisations, from embellished employee grievances to hallucinated content in regulatory filings and sophisticated AI-enabled fraud schemes. As these risks manifest across sectors, companies must urgently assess whether their investigation frameworks and governance protocols can effectively detect and respond to AI-generated content at scale.
South Africa Commercial
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ENS
Article
Legal Practitioners Under The Microscope: FIC Updates Sector Risk Ahead Of South Africa’s Next FATF Evaluation
South Africa's Financial Intelligence Centre has released an updated sector risk assessment for legal practitioners ahead of the 2027 FATF mutual evaluation, identifying the profession as highly vulnerable to money laundering and terrorist financing abuse. The draft report highlights significant concerns about low regulatory reporting despite high transaction values, widespread cash use, and questions whether legal practitioners are accurately assessing their own compliance risks. With comments due by 14 Ju
South Africa Commercial
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ESG
PM
Private M&A
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Mergers & Acquisitions
CG
Corporate Governance

M&A/Private Equity

Article
Politics Of The Deal: Public Interest Impacting M&A
South Africa's merger approval process has evolved from a predictable regulatory step into a complex intersection of competition law, political objectives, and transformation mandates. As the Competition Commission increasingly prioritizes public interest criteria—including ownership by historically disadvantaged persons and employment impacts—over traditional antitrust analysis, dealmakers face new challenges in structuring transactions and forecasting outcomes.
South Africa Commercial
Ai
Andersen in South Africa
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Compliance

Article
Central Clearing On The Horizon: What South Africa’s Over-the-counter Derivatives Reforms Mean For The Financial Sector
South Africa is preparing to implement mandatory central clearing for certain over-the-counter derivatives by 2028, marking one of the most significant regulatory changes to its derivatives market in over a decade. The South African Reserve Bank has confirmed that the framework will initially apply to rand-denominated interest rate swaps and forward rate agreements, with additional derivative classes to be introduced gradually. Market participants across the financial services industry will need to assess t
South Africa Finance
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ENS
Article
No Shortcut To Investigation: Section 43 Of The Legal Practice Act Is An Extraordinary Provision
The Western Cape High Court examined whether the Legal Practice Council could urgently suspend two legal practitioners without conducting a proper investigation into allegations of trust fund misappropriation exceeding R16.9 million. The case centered on the interpretation of section 43 of the Legal Practice Act and whether the LPC's expedited process, based solely on untested allegations from a complainant involved in divorce proceedings.
South Africa Litigation
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ENS
Article
Crypto Crackdown: What The Reserve Bank’s Case Against Kastelo Means For Your Business
Recent litigation between the South African Reserve Bank and fintech company Kastelo has brought exchange control compliance and crypto arbitrage under intense regulatory scrutiny. The case raises critical questions about how fintech business models involving cross-border transactions, foreign exchange, and digital assets must navigate South Africa's evolving regulatory framework, particularly regarding the use of individual foreign investment allowances for commercial purposes.
South Africa Finance
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Venture Capital

Article
Intellektuele Eiendomswaardasies: Hoe Lank Is 'N Stuk Tou?
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
South Africa IP
BI
Barnard Inc.
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Corporate and Company Law

Article
Tax Court Applies The GAAR To Dividend Stripping: Companies AF (Pty) Ltd And Others v C:SARS
The Tax Court in Cape Town has ruled on a dividend stripping arrangement used in the sale of a self-storage business, applying South Africa's general anti-avoidance rules to a structure where shareholders attempted to convert taxable capital gains into exempt intercompany dividends. Following the Constitutional Court's recent decision in Absa Bank Ltd v SARS, the Court examined whether a pre-acquisition dividend funded by the purchaser's subscription served any purpose beyond tax avoidance, and whether the
South Africa Tax
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Article
King V Is Not A Rulebook: Understanding Flexibility In Corporate Governance
King V's governance framework is widely misunderstood as a rigid rulebook requiring uniform compliance, when it is actually designed as a flexible, principles-based system. This analysis examines the three-tiered structure of outcomes, principles, and recommended practices, explaining why the "apply and explain" disclosure regime prioritizes contextual application and meaningful results over mechanical box-ticking exercises.
South Africa Commercial
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ENS
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Latest Videos

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