351 results found

A change of control is where there is a shift in a company's ownership or management resulting in the decision-making capacity of the entity being transferred to a different group of shareholders and/or directors.

The case between Ntsieni Morris Kgopana and Mohlaki Rosina Matlala in the Supreme Court of Appeal ("the SCA") considered whether a...

It is a common occurrence for contractors to insure the performance of large construction projects. In fact in large projects this is a requirement.

A South African High Court decision clarifies the distinction between variation and novation of sale agreements, examining whether subsequent agreements replace or merely amend original contracts. The judgment explores how parties' post-signature conduct influences contractual interpretation and establishes important principles regarding sellers' obligations to effect transfer within reasonable timeframes after receiving full payment.

As countries round the world move to decarbonise in line with Paris Agreement commitments, governments are recognising the pivotal role to be played by private capital...

The Supreme Court of Appeal ("the SCA" hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD ("the insurer")

From 16 January 2023, New Preferential Procurement Regulations ("2022 Regulations") will take effect in South Africa. These will expand the aims of preferential procurement and reinforce...

When entering into settlement discussions, the content of your discussions and subsequent correspondence is of the utmost importance.

The Supreme Court of Appeal (SCA) of South Africa has delivered a key ruling, affirming that a contract containing a suspensive condition automatically becomes null and void if that condition is not met within the set timeframe.

Contracting parties are often weary of certain risks which may apply to the contractual relationship they are entering into.

Regiments participation in an "unbundling" transaction in respect of share ins CAPITEC Bank was halted.

A Cape Town restaurant's name raises intriguing questions about trade mark registration when foreign words carry vulgar meanings unknown to most local consumers. Should CHINGADA'S have been registered under South African law, and does linguistic offensiveness to a minority constitute grounds for refusal?

Although the full details of the reported dispute remain confidential, the public commentary points to an important distinction. A product may be manufactured by one business, while the brand, goodwill, packaging identity...

By and large, the Protection of Personal Information Act, 2013 ("POPIA") only imposes obligations, duties and liabilities on the responsible party.

Rent-to-own or Rent-to-Buy is an arrangement that provides for the rental of a property for an agreed period, at the end of which, the renter has the option to buy.

Under section 24C of the Income Tax Act 58 of 1962, if a taxpayer receives income under a contract in a tax year.

Commercial agreements often include supporting obligations intended to improve a creditor’s prospects of recovery if the principal debtor defaults. These may be described as guarantees, suretyships, undertakings...