South Africa: Corporate/Commercial Law

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Article
How Companies Can Integrate ESG Considerations To Comply With Evolving Requirements
Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
Video
Njeri Wagacha Talks Liz Fanning, Founder And CEO At CorpsAfrica (Video)
Njeri Wagacha sits down with Liz Fanning, Founder and CEO of CorpsAfrica, to explore her transformative journey from Peace Corps volunteer to building an organization dedicated to empowering young people and high-poverty rural communities across Africa. The conversation delves into African-led development, local ownership, youth engagement, and the critical importance of listening to communities as they identify solutions to their own challenges.
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
Article
A Critical Analysis Of The Regulation Of Trusts Bill, 2026: Proposed Reforms, Practical Implications And The Challenges Of Effective Implementation
South Africa's Regulation of Trusts Bill, 2026 proposes the most significant overhaul of trust law since 1988, introducing comprehensive compliance obligations, beneficial ownership transparency, and enhanced regulatory oversight. While aimed at strengthening accountability and aligning with international anti-money laundering standards, the Bill raises critical questions about practical implementation, institutional capacity, and the balance between regulatory rigor and administrative feasibility.
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
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Related Country Guides

PE
Private Equity
VC
Venture Capital
DB
Doing Business In
E
ESG
CG
Corporate Governance
MA
Mergers & Acquisitions
DB
Digital Business
PM
Private M&A

M&A/Private Equity

Article
Competition Commission Proposes Revised Notification Thresholds For Small Mergers
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.
South Africa Anti-trust
CD
Cliffe Dekker Hofmeyr
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Compliance

Article
NEMA Section 28 Directives At The Municipal Level: When The Different Environmental Compliance Beast Comes Knocking
Municipal environmental enforcement powers in South Africa have expanded significantly with the introduction of section 28 directives under NEMA, creating complex procedural challenges that differ fundamentally from traditional compliance notices. What procedural traps await businesses facing these directives, and how can the simultaneous pursuit of multiple enforcement processes, including potential criminal liability for employees, transform routine regulatory matters into urgent legal crises requiring im
South Africa Environment
CD
Cliffe Dekker Hofmeyr
Article
How Companies Can Integrate ESG Considerations To Comply With Evolving Requirements
Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
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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
What's in a name: “contingent and prospective” creditors in business rescue
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.
South Africa Insolvency
CD
Cliffe Dekker Hofmeyr
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Latest Videos

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