South Africa: Contracts and Commercial Law

A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.

On the demand side, McKinsey expects a four-fold to six-fold increase in demand for African data centre capacity (to 1.5 to 2.2 GW) by 2030, which presents an investment opportunity of between...

The Competition Commission of South Africa has published Draft Guidelines on Repair, Service, and Maintenance Aftermarkets that extend beyond automotive to cover electronics, appliances, medical equipment and other durable goods. The framework addresses how original equipment manufacturers may restrict competition by limiting independent service providers' access to spare parts, repair information, diagnostic tools and technical support. Market participants have until September 2026 to submit comments on th

As organisations rapidly adopt AI capabilities through familiar SaaS delivery models, a critical misalignment has emerged between traditional software contracts and the novel risks introduced by AI systems.

ENSafrica provides important legal disclaimers regarding the use and reproduction of information presented in their content. The firm clarifies the limitations of liability and emphasizes...

South Africa's Information Regulator has issued a landmark enforcement notice against mining company Sibanye-Stillwater, directing disclosure of Social and Labour Plan compliance reports under the Promotion of Access to Information Act.

This comprehensive legal update from ENS Africa covers critical developments across multiple practice areas, from South Africa's Draft National Rail Master Plan and new SAHPRA guidelines for medicine naming...

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.

Where public-sector substitutions alter a standard form, the court will enforce the text signed rather than reconstruct dispute-resolution machinery that has been deleted.