ArticleCan Company Directors Be Held Liable For Criminal Liability?Of the numerous duties and liabilities of company directors, their civil liability is often in the spotlight.South AfricaCorporate/Commercial LawDe Beer Attorneys
ArticleHigh Court Confirms That Misrepresentation Can Invalidate A Mutual Separation AgreementThe Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.South AfricaEmployment and HRFairbridges
ArticlePAJA: State Capture Commission's Findings And Recommendations Cannot Be Reviewed And Set AsideIn an important judgment delivered by the High Court in the case of Duncan Ernest Korabie v The Judicial Commission of Inquiry into allegations of State Capture, Corruption...South AfricaLitigation, Mediation & ArbitrationENS
ArticleNew International Standard A Key Feature In ENSafrica's Latest Anti-Bribery And Corruption SurveyThis new standard is invaluable as it allows organisations to understand the measures that need to be implemented in order to develop an effective anti-bribery management programme.GlobalCriminal LawENS
ArticleAre Interim Interdicts Appealable And The Balancing Of Constitutional Rights In Defamation Matters?The South African Constitutional Court, in the case of United Democratic Movement and Another v Lebashe Investment Group (Pty) Limited and Others, delivered an important judgment regarding...South AfricaGovernment, Public SectorENS
ArticleAfrica Regulatory Round-Up 2022With government functions and business operations slowly returning to normality in 2022 following the COVID-19 pandemic...South AfricaInternational LawENS
ArticleFinality, Fraud, And The Future Of South Africa As An Arbitration Seat: Lessons From Kingdom Of Lesotho v Frazer Solar GmbHThe judgment brings welcome clarity to South Africa’s International Arbitration Act and its interaction with the Constitution, reflecting a purposeful alignment with established pro arbitration jurisdictions worldwide.South AfricaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleCourts Rule On Further Cases That Deal With Electronic Payments Gone AstrayBusiness email compromise ("BEC") is a type of scam in terms of which a party's email is compromised and used to send fraudulent messages...South AfricaFinance and BankingSwart Attorneys
ArticleThe Ripple Effects Of Trump's Pause On FCPA EnforcementOn 10 February 2025, U.S. President Donald Trump signed an Executive Order ("EO") directing Attorney General Pam Bondi to pause enforcement of the Foreign Corrupt Practices Act...GlobalCriminal LawENS
ArticleUnderstanding Digital Signatures In The Modern Business WorldThe pen may be mightier than the sword, but in an ever-growing digital world, this small but mighty weapon may well be on its way to extinctionSouth AfricaCorporate/Commercial LawAdams & Adams
ArticleBroad-Based Black Economic Empowerment: Revamped - Circular No. 2Government is well under way in implementing its plan to "revamp" Broad-Based Black Economic Empowerment (BEE) in South Africa.South AfricaCorporate/Commercial LawCox Yeats
ArticleCan SARS Customs Enter Premises Without A Warrant?A discussion on a recent case, where SARS suspected the defendant for having had fraudulently manipulated invoices so as to pay less duty, thereby committing various offences under the Customs and Excise Act. South AfricaTaxENS
ArticleENSafrica's 2015 Anti-Bribery And Corruption Survey ResultsIncidents of bribery have increased, but so has general awareness of anti-bribery compliance among organisations: these were some of the high-level findings of a recent survey conducted by ENSafrica.South AfricaCriminal LawENS
ArticleWhat Does A Third Party Due Diligence Process Typically Look Like?In our previous article, we discussed the importance of third-party due diligence processes within organisations. In this article, we offer suggestions, drawn from best practice guidelines, on establishing...South AfricaCriminal LawENS
ArticleFraud Perpetrated By The Change Of Banking DetailsFraud can cost an organisation hundreds of thousands if not millions of Rands if not detected early enough.South AfricaAccounting and AuditENS
ArticleCross-Border White-Collar Crime Legislations And Their Implications On Corporate Criminal Liability For Multinationals Operating In And Out Of AfricaAfrica has continued to lead the ranks as the region with the highest rate of return on foreign investment. The continent is not only fast in developing its commercial future, but since the turn of the 21st century.South AfricaCriminal LawStren and Blan Partners
ArticleNo Free LunchesThe Prevention and Combating of Corrupt Activities Act repealed the South African Corruption Act. It constitutes one of the most far reaching anti corruption statutes in the world. South AfricaCriminal LawWerksmans Attorneys
ArticleOverview Of The Main Findings And Recommendations Of Part 1 Of The Report By The State Capture CommissionThe Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State ("the Commission"), chaired by ...South AfricaCriminal LawAdams & Adams
ArticleData Breach Triage And The Insurer’s First 72 HoursWhen personal information is compromised, insurers face more than a technical problem—they confront a legal and reputational crisis that demands immediate, structured action. Drawing lessons from major South African data breaches including Dis-Chem, Experian, and FlySafair, this analysis examines how insurance organisations can implement effective data breach triage protocols under POPIA to ensure proportionate escalation, preserve evidence, and maintain control when incidents occur. South AfricaPrivacyFairbridges
ArticleDefending Against Rising Credit Application FraudENS' Forensics team have seen an upsurge in clients who have fallen victim to credit application fraud, a particular type of cybercrime. South AfricaCriminal LawENS