South Africa: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

Sun International And Peermont: Behind The Failed Transaction

The proposed acquisition of Peermont Holdings Proprietary Limited ("Peermont") by Sun International Limited ("Sun International") was positioned as one of the most significant consolidations in South Africa's hospitality and gaming sector in recent years

South Africa Anti-trust

E

ENS

Banking On Innovation: Establishing And Registering A Bank In South Africa

Establishing a bank in South Africa is a complex but rewarding endeavour. With the right approach and the support of a skilled legal team, aspiring founders can successfully navigate the regulatory landscape...

South Africa Finance

E

ENS

Are Your Directors Overstepping?

The finance team has spent weeks refining next year's budget. At 10pm on a Thursday the non-executive chair e-mails it back – fifty edits, deep into operational detail.

South Africa Commercial

BI

Barnard Inc.

Tax-Deferred Growth Through Corporate Rollovers

This article forms part of a series of articles exploring the corporate reorganisation rules under the South African Income Tax Act 58 of 1962 (the "ITA"). Each entry in this series will discuss...

South Africa Commercial

BI

Barnard Inc.

The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

South Africa Commercial

BI

Barnard Inc.

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

South Africa Commercial

BI

Barnard Inc.

Section 47 Of The Income Tax Act: Tax-Efficient Shareholder Distributions On Liquidation

South Africa Commercial

BI

Barnard Inc.

Fraud Risks, Prevention And Detection Strategies For The African Beer Brewing Industry

South Africa Commercial

E

ENS

Corporate Governance 2025

South Africa Commercial

E

ENS

IP In Practice: Legal And Commercial IP Developments In Kenya And South Africa

E

ENS

Public Benefit Activities Vs Non-Profit Organisations: A South African Guide To Tax-Exempt Status

South Africa Commercial

BI

Barnard Inc.

Locking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over Suretyships

South Africa Commercial

BI

Barnard Inc.

The Price Of Misrepresentation: Warranties And The Cost Of Error

South Africa Litigation

AA

Adams & Adams

Securing Intellectual Property Ownership In Outsourced Product Development

South Africa IP

BI

Barnard Inc.

Section 45 Of The Income Tax Act: The Tax-Free Shuffle Within Corporate Groups

South Africa Commercial

BI

Barnard Inc.

FCA Fines Barclay's GBP42M: AML Wake-up Call For South African Institutions

South Africa Finance

E

ENS

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

South Africa Employment

E

ENS

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

South Africa Commercial

BI

Barnard Inc.

Mitigating Risk For AI Integration

South Africa IP

BI

Barnard Inc.

An Overview Of ESG Fraud Risks In The African Mining Sector

Environmental, Social and Governance ("ESG") considerations have assumed a central role within the global mining sector, and nowhere is the emphasis on credible ESG reporting...

South Africa Energy

E

ENS

Using Section 65 Financial Enquiries To Recover Debt

Picture a scenario where XYZ Components supplies R120 000 worth of specialised parts to a customer on 30-day terms. Ninety days...

South Africa Commercial

BI

Barnard Inc.

Structuring Transactions: A Void Credit Agreement Or Avoid A Credit Agreement?

In commercial practice, structuring transactions to achieve a specific legal or tax outcome is not only commonplace but often necessary. This is especially true when parties wish to avoid the regulatory...

South Africa Commercial

BI

Barnard Inc.

Mining For Opportunity: Critical Minerals And Africa's M&A Boom

Africa's critical minerals are powering a new wave of cross-border M&A activity—especially in copper, cobalt and lithium.

South Africa Commercial

Ai

Andersen in South Africa

Context And The ConCourt

South Africa Commercial

E

ENS

Knowledge Is Power – Start With Due Diligence

South Africa Commercial

BI

Barnard Inc.

Seal The Deal: Five Legal Safety Nets That Keep South African Sellers Paid

South Africa Commercial

BI

Barnard Inc.

Why South African Entrepreneurs Should Consider Setting Up Offshore To Attract Foreign Investment

South Africa Government

TS

The Sovereign Group

Commercial Courts And Alternative Dispute Resolution In South Africa: A Possible Path To Faster Dispute Resolution

South Africa Litigation

E

ENS

Confidentiality And The Importance Of Non-Disclosure Agreements (NDAs)

South Africa Commercial

E

ENS

Can An Appeal Court Grant A Final Winding-Up Order If A Provisional One Already Exists?

South Africa Commercial

BI

Barnard Inc.

Dead Deals Don't Walk: Why You Can't Simply 'Revive' A Lapsed Agreement

South Africa Commercial

FW

Fairbridges Wertheim Becker

When Contracts Hide A Third Party: Understanding The Undisclosed Principal Rule

South Africa Commercial

FW

Fairbridges Wertheim Becker

SCA Ruling: Ownership Requires Proof, Not Just Assertion

South Africa Litigation

E

ENS

Can An Appeal Court Grant A Final Winding-Up Order If A Provisional One Already Exists?

A recent judgment handed down by the Supreme Court of Appeal (SCA) on 31 March 2025 brings much-needed clarity to an issue that has sometimes left practitioners in a quandary...

South Africa Commercial

BI

Barnard Inc.

Dead Deals Don't Walk: Why You Can't Simply 'Revive' A Lapsed Agreement

In business, timing is everything – especially when it comes to legal agreements. A recent decision by the Supreme Court of Appeal (SCA) in Vantage Goldfields SA (Pty) Ltd v Siyakhula...

South Africa Commercial

FW

Fairbridges Wertheim Becker

When Contracts Hide A Third Party: Understanding The Undisclosed Principal Rule

Under our law of agency, an agent may represent its principal when concluding agreements with third parties, provided that the agent has authority to represent its principal.

South Africa Commercial

FW

Fairbridges Wertheim Becker

SCA Ruling: Ownership Requires Proof, Not Just Assertion

In the case of Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to determine whether Zoviflo (Pty) Limited ("Zoviflo") had established...

South Africa Litigation

E

ENS

High Court Ruling Clarifies When Post-Liquidation Payments Can Be Voided Under Section 341(2)

South Africa Commercial

BI

Barnard Inc.

Business Email Compromise: Who Bears The Risk Of Liability?

In today's digital age, business email compromise ("BEC") has become a threat to businesses and individuals. BEC is defined as "a criminal act where criminals illegally access...

Worldwide Commercial

E

ENS

ESG Trends In The Retail Sector

As consumers become more discerning, environmental sustainability, social engagement and good governance will continue to demand the attention of all retail sector stakeholders.

South Africa Consumer

WW

Webber Wentzel

When Can A Medical Scheme Cancel Membership For Non-Disclosure?

In a unanimous decision recently handed down by the Constitutional Court, it was held that a medical scheme cannot cancel membership for failure by a member, during the underwriting process...

South Africa Healthcare

FW

Fairbridges Wertheim Becker

State Owned Enterprises Bill: Elevating The Public Voice Through Open Consultation

In December 2024, the Portfolio Committee on Planning Monitoring and Evaluation issued a call for the public to submit written comments on the National State Enterprises Bill (the "SOE Bill"), [B1-2024].

South Africa Government

E

ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

E

ENS

Can You 'Waive' Goodbye To Contractual Rights Without Realising It?

South Africa Commercial

BI

Barnard Inc.

Committing Private Land To Conservation : Advice To Avoid Future Pitfalls

South Africa Real Estate

E

ENS

Was The Decision By The NPA To Remove Counterfeit Goods Matters From The Commercial Crimes Court In Line With The Right Of Access To Justice As Set Out In Section 34 Of The Constitution?

South Africa Government

AA

Adams & Adams

What Is NCR Credit Registration, And Why Is It Important In South Africa?

South Africa Consumer

BI

Barnard Inc.

Access To Information From Public Bodies: Balancing Commercial And Public Interests Under The PAIA

South Africa Commercial

AA

Adams & Adams

Private M&A Comparative Guide

South Africa Commercial

Ai

Andersen in South Africa

Little Wiggle Room: The Power Of Payment Certificates In Construction Contracts

South Africa Insurance

AA

Adams & Adams

The Aftermath Of The CrowdStrike Incident: The Importance Of Proper Business Continuity Planning

South Africa Commercial

E

ENS

ESOP Trusts For Private Companies – Heads You Win, Tails You Win

South Africa Commercial

BI

Barnard Inc.

Legal Considerations For Foreign Businesses Entering The E-commerce Market In South Africa

South Africa Commercial

Ai

Andersen in South Africa

Combatting Corruption And ESG

South Africa Commercial

Ai

Andersen in South Africa

What Are The Evidentiary Requirements For Making An RI Report?

South Africa Accounting

E

ENS

Banking On Fairness: The Legal Balancing Act Of Contract Terminations

South Africa Commercial

FW

Fairbridges Wertheim Becker

How Much Effort Is Too Much Effort

South Africa Commercial

F

Fasken

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Latest Videos

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Olisa Agbakoba Legal (OAL)

Happy World Space Week 2023 (Video)

OA

Olisa Agbakoba Legal (OAL)

Podcast | OFM Business Hour | Not All Contracts Are Service Level Agreements (Video)

E

ENS

Let's Talk E38: Sale Of Business Agreements (Video)

SI

SchoemanLaw Inc.

Business Beware: Negotiations Reduced To Electronic Communications Can Constitute Binding Agreements (Video Content)

PP

Phukubje Pierce Masithela Attorneys

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