South Africa: Directors and Officers

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King V Is Not A Rulebook: Understanding Flexibility In Corporate Governance

King V's governance framework is widely misunderstood as a rigid rulebook requiring uniform compliance, when it is actually designed as a flexible, principles-based system. This analysis examines the three-tiered structure of outcomes, principles, and recommended practices, explaining why the "apply and explain" disclosure regime prioritizes contextual application and meaningful results over mechanical box-ticking exercises.

South Africa Commercial

E

ENS

When The Competition Commission Walks In: What South African Directors Must Know After The February 2026 Dawn Raids

In February 2026, the Competition Commission executed unannounced searches at four scrap metal companies, seizing documents and interviewing employees without warning.

South Africa Anti-trust

Ai

Andersen in South Africa

Key Amendments To The Companies Act Now In Force

South Africa's Companies Amendment Act introduces sweeping changes to corporate governance, mandating individualised director remuneration disclosure and implementing a binding "say-on-pay" framework for public and state-owned companies.

South Africa Commercial

E

ENS

Waiting For Disclosure

Litigation can sometimes feel like a long-running stage production. Pleadings are exchanged, attorneys correspond, dates are diarised, costs are incurred and everyone continues playing their part.

South Africa Insolvency

FW

Fairbridges

Minority Rights: Not Just A Footnote In The Share Register

South Africa Commercial

BI

Barnard Inc.

Director Tenure And Independence Under King V: A Hard Limit Or A Factor For Consideration?

South Africa Commercial

E

ENS

Business Rescue vs Liquidation

South Africa Commercial

FW

Fairbridges

Dawn Raid Readiness. Lessons From PPC's Experience

South Africa Anti-trust

Ai

Andersen in South Africa

OAPI Kicks Off 2026 With Strengthened Governance

South Africa Commercial

AA

Adams & Adams

Ria Pretorius - Director Business Risk Service. Brand Video (Video)

South Africa Commercial

SG

SNG Grant Thornton

Annual Returns: A Cornerstone Of Corporate Compliance In SA

South Africa Commercial

Ai

Andersen in South Africa

Not Every Regulatory Knock Is A Claim: US D&O Lessons For South African Boards

South Africa Commercial

AA

Adams & Adams

Are Your Directors Overstepping?

South Africa Commercial

BI

Barnard Inc.

Beneficial Ownership Compliance In South Africa

South Africa Commercial

Ai

Andersen in South Africa

The Important Role Of Assurance In Unlocking The Full Business Potential Of AI

South Africa Commercial

SG

SNG Grant Thornton

Fashion, Culture And Intellectual Property

South Africa IP

E

ENS

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

F

Fasken

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa IP

AA

Adams & Adams

Government Restrictions On Access To AI: Legal Implications For South African Organisations

South Africa Commercial

E

ENS

Shareholders Need Not Give Reasons For The Proposed Removal Of A Director

In Weir v Wiehahn Formwork Solutions (Pty) Ltd and others [2025] JOL 68636 (WCC) (Wier) the Western Cape High Court (Court) was again called upon to determine...

South Africa Commercial

F

Fasken

Internal Restructuring: Insights Into The Competition Commission's Latest Guidelines

On 4 April 2025, the Competition Commission of South Africa ("the Commission") published its final Guidelines on Internal Restructuring. These Guidelines clarify how the Commission will determine...

South Africa Insolvency

AA

Adams & Adams

Who Really Runs The Show? An Overview Of Shadow Directors And Potential Liability

South African company law, governed primarily by the Companies Act 71 of 2008 ("the 2008 Act"), does not expressly define "shadow directors." In contrast, many international jurisdictions provide a specific definition...

South Africa Commercial

FW

Fairbridges

Amendments To The Companies Act Brought Into Force On 27 December 2024

By way of a notice in the Government Gazette of 27 December 2024 the President caused certain sections of the Companies Amendment Act (Act No. 16 of 2024)...

South Africa Commercial

F

Fasken

But-For Test In Action: Uncovering The Contractual Liability Exclusion In D&O Policies

South Africa Commercial

AA

Adams & Adams

Lost E-Mail, Lost Cause: The Companies Tribunal's Approach To The Use Of E-Mail For Notices And Service

South Africa Commercial

F

Fasken

New Amendments To The Companies Act Signed Into Law Today

South Africa Commercial

E

ENS

Director Removal: Even A Rogue Director Must Still Be Treated Fairly

South Africa Commercial

F

Fasken

Legal Standing In Corporate Misconduct

South Africa Commercial

FW

Fairbridges

Shareholder-Nominated Non-Executive Directors: Navigating VAT, Income Tax, And PAYE Challenges

South Africa Tax

E

ENS

The Supreme Court Of Uganda Clarifies Indoor Management Rule Does Not Apply When The Law Prescribes Specific Procedure.

South Africa Commercial

E

ENS

Legal Remedies For Reckless Trading: To Sue The Company Or Its Directors?

South Africa Commercial

E

ENS

Directors Held Personally Liable For The Non-Payment Of Pension Fund Contributions And The Application Of Prescription To Complaints In Terms Of The Pension Funds Act.

South Africa Employment

E

ENS

Short Synopsis Of The 2023 Companies Amendment Bills

South Africa Commercial

F

Fasken

The Supreme Court Of Uganda Clarifies Indoor Management Rule Does Not Apply When The Law Prescribes Specific Procedure.

The indoor management rule is that a person dealing with a company in good faith, and who is entitled to assume that the corporate acts provided for in the company's...

South Africa Commercial

E

ENS

Legal Remedies For Reckless Trading: To Sue The Company Or Its Directors?

In the case of Venator Africa (Pty) Ltd v Watts and Another, the Supreme Court of Appeal ("the SCA") ruled that a plaintiff must sue a company for certain breaches of the Companies Act 61 of 2008 ("the Act").

South Africa Commercial

E

ENS

Directors Held Personally Liable For The Non-Payment Of Pension Fund Contributions And The Application Of Prescription To Complaints In Terms Of The Pension Funds Act.

It is vital for directors to understand that under section 13A(2) and (3) of the Pension Funds Act 24, 1956 (the "Act"), regardless of a registered fund's internal rules...

South Africa Employment

E

ENS

Short Synopsis Of The 2023 Companies Amendment Bills

The Minister of Trade, Industry and Competition has proposed the following amendments to the Companies Act, 2008 by way of the Companies Amendment Bill, 2023...

South Africa Commercial

F

Fasken

Case Development: Regulatory Requirements Governing Share Buy-Backs

South Africa Commercial

Swart Attorneys

Upholding Fiduciary Responsibilities: A Closer Look At Directors' Roles In Law Firms

In a judgment recently delivered by South Africa's Supreme Court of Appeal, legal practitioners were reminded of several crucial points...

South Africa Commercial

E

ENS

Interest Rate Seemed Excessively High? Court Rules That Borrowers Are Still Liable To Pay

Beneficio Developments (PTY) LTD concluded several loan agreements with Tarentaal Centre Investments (PTY) LTD in terms of which it loaned Taarentaal a sum of money at an interest rate of 1%...

South Africa Finance

E

ENS

Unsettled Questions On Membership Of A Private Company In Uganda

A person can acquire shares in a private company by subscription at the time of incorporation of the company, by allotment by the directors of the company, by purchase from a shareholder...

South Africa Commercial

E

ENS

Rights Of Minority Shareholders In Terms Of The South African Company Laws

The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold.

South Africa Commercial

AA

Adams & Adams

The Right To Remove Directors Without Giving Reasons

South Africa Commercial

F

Fasken

OAPI – Mandate Renewal Of Director-General Denis Bohoussou Loukou As CEO

South Africa Commercial

AA

Adams & Adams

Directors Beware: The Court Emphasises The Importance Of Disclosure In Atlas Park Holdings (Pty) Ltd v Tailifts South Africa (Pty) Ltd 28817/2020) [2022] ZAGPJHC 109

South Africa Commercial

F

Fasken

Navigating The World Of Cyber Security As A Director: The Liability Involved

South Africa Commercial

F

Fasken

Do Shareholders Need To Give Reasons For Removing A Director?

South Africa Commercial

E

ENS

Winds Of Change In OAPI Top Management

South Africa IP

AA

Adams & Adams

Getting A Business Registered In South Africa: Application To Approval

South Africa Commercial

SI

Sidebrief Inc.

The Fundamentals Of Registering Your Business With The CIPC In South Africa

South Africa Commercial

SI

Sidebrief Inc.

OAPI: Director General Issues Video Statements Via LinkedIn Relating To The Re-issuance Of Registration Certificates

South Africa IP

AA

Adams & Adams

Key Considerations When Incorporating In South Africa

South Africa Commercial

TG

TMF Group BV

Directors Serve At The Pleasure Of The Shareholders

South Africa Commercial

Tf

Tabacks

Removal Of A Director By Shareholders Or The Board Of Directors

South Africa Commercial

SI

SchoemanLaw Inc.

The Role Of The Information Officer Under POPIA

South Africa Commercial

SI

SchoemanLaw Inc.

Unpacking Accountability Structures And Disciplinary Proceedings – Directors And Employees

South Africa Commercial

SI

SchoemanLaw Inc.

High Court Dismisses Application To Set Aside B-BBEE Commission's Findings: Lessons For Stakeholders

South Africa Commercial

E

ENS

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Latest Videos

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Ria Pretorius - Director Business Risk Service. Brand Video (Video)

SG

SNG Grant Thornton

How To Register A Company Limited By Shares In Ghana

uA

Firmus Advisory

Startup And Founders' Agreement (Video)

OA

Olisa Agbakoba Legal (OAL)

Shareholder Claims (Video)

B

Bowmans

Directors What Does It Take To Be A Good One? (Video)

SI

SchoemanLaw Inc.

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