South Africa: Corporate/Commercial Law

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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
E
ENS
Article
Government Restrictions On Access To AI: Legal Implications For South African Organisations
Following the US government's temporary export controls on Anthropic's AI models in 2026, organisations face critical questions about legal risk and corporate governance when deploying artificial intelligence systems. This analysis examines how existing South African legislation and the King V governance framework create obligations for responsible AI procurement and deployment, even without AI-specific laws.
South Africa Commercial
E
ENS
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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
Why African Financial Institutions Should Be Exploring DORA
As financial institutions increasingly rely on cloud computing, SaaS platforms, and AI technologies, technology contracts are evolving from simple commercial documents into critical operational resilience tools. The European Union's Digital Operational Resilience Act (DORA) exemplifies this shift, offering valuable insights for African financial institutions on how contractual mechanisms can actively support cybersecurity, business continuity, and third-party risk management in an interconnected technology
South Africa Media & IT
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ENS
Article
The Bot In The Room: Does Automated Access Trigger POPIA's Breach Notification?
South African data protection law requires organisations to notify regulators and affected individuals when personal information is accessed or acquired by unauthorised persons, but what exactly constitutes "access," "acquisition," or "reasonable grounds to believe" a breach has occurred? This analysis examines these undefined legal concepts through the lens of established cybersecurity frameworks and digital forensics practices, exploring how they apply to modern cyber-attacks and automated tools in the co
South Africa Privacy
E
ENS
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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
E
ENS
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
E
ENS
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Latest Videos

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