South Africa: Contracts and Commercial Law

A Western Cape High Court judgment confirms that payments made to creditors during business rescue proceedings may be void if a winding-up application was already presented.

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.

Minority shareholders in South African companies face inherent vulnerabilities due to their limited voting power, yet the Companies Act, Memorandum of Incorporation...

South Africa's agricultural sector presents significant commercial opportunities for horticultural businesses and farmers who breed or import plant varieties.

When a business faces execution proceedings, the risk is more than the loss of assets. An unchallenged attachment or sale can disrupt operations...

What happens where a business rescue application is filed after a liquidation application has already been argued, but before judgment in the liquidation matter is delivered...

Artificial intelligence has already proven its ability to generate value at speed, producing everything from software code and product prototypes to business strategies and creative designs.

Projects in Africa (notably in the Agri-space) struggle to reach financial close and scale not because of a lack of demand or technical promise...

When a company has more than one shareholder, a shareholders' agreement is one of the most important documents it can have.