South Africa: Compliance

The Competition Commission's Draft Guidelines on Repair, Service and Maintenance Aftermarkets propose to regulate how original equipment manufacturers control access to repair parts and services. Drawing from decades-old US precedent, these guidelines raise fundamental questions about whether competition law should intervene in aftermarkets where firms may lack traditional market power. The proposed framework risks expanding competition law beyond its conventional boundaries while potentially imposing oblig

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.

Many Master Services Agreements were drafted before AI became embedded in software products, leaving organizations without contractual frameworks governing how AI operates, how it is trained, or who carries the risk when things go wrong. This article examines the legal and operational risks created by AI-enabled systems and explores how an Artificial Intelligence Contract Addendum can introduce targeted protections to ensure AI is deployed within a clear contractual governance framework.

As telecommunications companies in Africa explore banking licences and payment platforms begin offering credit alongside debit services, the traditional boundaries separating banks from non-bank entities are dissolving. When does a mobile money platform cross the threshold into banking territory, and how should regulators respond when the customer journey becomes simpler but the underlying legal architecture grows more complex?

South Africa's financial regulators have published Draft Joint Standard 1 of 2026, introducing comprehensive requirements for identifying and vetting beneficial owners of financial institutions. Stemming from the country's 2023 FATF greylisting, this regulatory framework aims to prevent criminals from acquiring ownership or control of banks, insurers, and other regulated entities. How will these new fit-and-proper requirements, reporting obligations, and governance standards reshape beneficial ownership com

The South African Reserve Bank's dispute with fintech Kastelo has evolved from an account freeze into a pivotal test case for how exchange control regulations apply to crypto arbitrage platforms. As the litigation moves beyond procedural questions to substantive regulatory compliance, businesses operating cross-border digital asset models face critical uncertainty about when client foreign exchange allowances can legitimately support platform-based crypto transactions. The unresolved merits may fundamentall

The European Union's Sixth Capital Requirements Directive introduces a unified framework requiring non-EU banks to establish authorized branches when providing core banking services into EU Member States. With the grandfathering deadline now passed and full implementation approaching in January 2027, South African financial institutions must urgently assess which cross-border activities fall within scope, which exemptions may apply, and whether establishing a permanent European presence has become necessary

Selecting a trade mark is a critical decision for any business owner. This article examines the legal principles governing trade mark distinctiveness and availability in South Africa, exploring how businesses can establish brands that resonate with consumers while securing effective legal protection and long-term commercial value.