South Africa: Contracts and Commercial Law

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Article
When Does A Commercial Dispute Become An Insolvency Problem?
When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.
South Africa Insolvency
FW
Fairbridges
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
Article
Springboarding A Business: Unlawful Competition, Not Entrepreneurship
A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.
South Africa Commercial
E
ENS
Article
When Tax Structuring Stops Being About Tax
The Constitutional Court's decision in Absa Bank Ltd v SARS marks a pivotal shift in how South African courts approach tax avoidance structures, moving beyond technical compliance to examine the true commercial substance of transactions. This judgment signals a broader regulatory trend where authorities increasingly look through carefully engineered corporate structures to ask what was really happening, challenging the long-held assumption that technical legal compliance provides immunity from scrutiny.
South Africa Commercial
Ai
Andersen in South Africa
Article
The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters
The Devil Wears Prada is more than a cultural phenomenon—it's a complex intellectual property ecosystem involving multiple rights holders, from the original author to the luxury brand itself. This analysis examines how copyright, trademark, and personality rights intersect to create a legally sustainable framework that enables both creative freedom and commercial exploitation in the entertainment industry.
South Africa IP
BI
Barnard Inc.
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