351 results found

Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req

Africa's critical minerals are powering a new wave of cross-border M&A activity—especially in copper, cobalt and lithium.

The NEC3 form had the (widely publicised) aim of encouraging cooperation, collaborative working and a fair allocation of risk between the parties to the contract.

In the 2023 State of the Nation Address, President Cyril Ramaphosa reiterated a recommendation made well over ten years ago, for overarching legislation to improve governance at state-owned enterprises ("SOEs").

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.

Selling a company, shareholding, or prized piece of equipment can feel like handing over the keys to your car while you wait for the buyer's EFT to clear.

In commercial practice, structuring transactions to achieve a specific legal or tax outcome is not only commonplace but often necessary. This is especially true when parties wish to avoid the regulatory...

Modern businesses depend on technology infrastructure that is often overlooked during M&A transactions, yet IT systems, software licenses, and data management frameworks are fundamental to operational continuity and business value.

Mergers and acquisitions teams often overlook critical IT dependencies until late in the transaction process, creating significant post-completion risks.

How South Africa's cooling-off right protects businesses from hard-sell "listings" and similar direct-marketing deals.

When a marriage unravels, the business notices first. Bank signatories go under the microscope, staff pick up whispers, a supplier asks whether your head is still in the game. Investors aren't judging your private life; they're weighing continuity risk.

In 1994, as South Africa transitioned into its new democratic era, the South African Reserve Bank (the “SARB”) issued the Commercial Paper Exemption Notice, 1994 (the “CP Exemption Notice”), a regulatory framework...

It goes without saying that, in the business of insurance, there is a significant emphasis on the duty of disclosure, a foundational principle of utmost good faith.

Instagram's viral colour-swatch trend has brands proving their visual identity without logos or names—but does consumer recognition translate into legal protection? This analysis explores whether colour alone can function as a trade mark under South African law, examining the high evidential threshold required and lessons from landmark disputes involving Cadbury's purple and Louboutin's red sole.

As a corporate and litigation lawyer, I have witnessed firsthand the significant impact that litigation can have on businesses. Lawsuits are time-consuming, expensive, and emotionally draining...

In a bulletin published by the Deputy Judge President ("the DJP") of the Johannesburg High Court, South Africa regarding lead times for set down dates in the Johannesburg High Court...

The Cabinet Secretary for Information, Communication, Technology, Innovation and Youth Affairs (the CS) recently published the National information Communication and Technology Policy Guidelines...