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  • Article

    Confidentiality And The Importance Of Non-Disclosure Agreements (NDAs)

    KleuterZone, a preschool franchise, faced scrutiny over share certificates with discrepancies, including investments in non-existent companies. The company attributed these issues to clerical errors during manual issuance.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Franchising: A Growing Business Model In South Africa

    Franchising is a business model which has proved to be successful and is enjoying increasing popularity throughout the world.
    South AfricaCorporate/Commercial Law
    Adams & Adams
    Adams & Adams
Article

Is An Electronic Signature Valid When Signing A Franchise Agreement?

In terms of section 7(1)(a) of the Consumer Protection Act, 68 of 2008 ("CPA"), a formal requirement in terms of that "a franchise agreement must be in writing and signed by...
South AfricaCorporate/Commercial Law
Tabacks
Tabacks
  • Article

    Competition Commission To Examine Competition Dynamics In Franchising Sector

    On 26 June 2026, the Competition Commission published draft Terms of Reference for a proposed market inquiry into South Africa’s franchising sector.
    South AfricaAntitrust/Competition Law
    Adams & Adams
    Adams & Adams
  • Article

    Competition Tribunal Confirms Consent Agreement Between Shoprite Checkers (Pty) Ltd And The Competition Commission

    On 13 October 2020, the Competition Tribunal (Tribunal) confirmed, as an order, a consent agreement between Shoprite Checkers (Pty) Ltd (Shoprite) and the Competition Commission (Commission).
    South AfricaAntitrust/Competition Law
    Bowmans
    Bowmans
  • Article

    POPIA: Deadline Looming For Franchises

    Various sections of the Protection of Personal Information Act, 2013 (POPIA) came into effect on 1 July 2020.
    South AfricaCorporate/Commercial Law
    Adams & Adams
    Adams & Adams
  • Article

    The Taxation Of Marketing Fees Earned By Franchisors In Terms Of Franchise Agreements

    There are various tax implications that arise in relation to franchise arrangements and it is important to consider the tax treatment of the various types of income received and expenditure incurred by both franchisors and franchisees.
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Article

    Competition Commission Launches Inquiry Into SA Franchise Sector

    South Africa's Competition Commission is launching a market inquiry into the franchising sector, examining whether structural barriers prevent historically disadvantaged persons from accessing an industry that contributes...
    South AfricaAntitrust/Competition Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Contract Terms, Public Policy And The Constitution – The Constitutional Court Resolves The Debate

    On 17 June 2020 the Constitutional Court handed down a judgment in an application for leave to appeal against a judgement of the Supreme Court of Appeal.
    South AfricaGovernment, Public Sector
    Tabacks
    Tabacks
  • Article

    The Claws Are Out In The South African Tammy Taylor Nails Saga. What Are The IP Law Implications?

    "False Promises and Stolen Dreams" – this is how the popular South African investigative television show, Carte Blanche, chose to describe the report into the Tammy Taylor Nails franchise...
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    South Africa's Franchise Sector Under The Spotlight: Competition Commission Launches Market Inquiry

    South Africa's Competition Commission has launched a comprehensive inquiry into the franchise market, examining whether structural features are restricting competition and limiting participation by small and medium enterprises and historically disadvantaged persons. The inquiry will scrutinize franchise financing mechanisms, contractual terms between franchisors and franchisees, and information asymmetries that may disadvantage prospective franchise owners across key sectors including fast food, constructio
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    After The Water Is Gone: Critical Decision On Post-termination Clauses

    Oasis supplies bottled, filtered and purified water and other beverages in South Africa. It has been in operation for over twenty years and is the fourth...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Lessons From The COVID Pandemic For Franchisors And Franchisees

    The COVID-19 pandemic has been a time of unprecedented challenges for businesses in all sectors and of all sizes throughout the world. The franchise model, with its combination of a large...
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Article

    Fairness And Reasonableness Win The Day: The Beadica Judgment

    The power of a court to strike down or refuse to enforce a contract that it considers to be unfair, unduly harsh or unreasonable, has been a controversial one ...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Franchise Disputes And Section 18: When 'Interim' Orders Have Final Effect

    The Western Cape High Court's decision in Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees 2024 (4) SA 141 (WCC) marked a significant development in the evolving interpretation...
    South AfricaCorporate/Commercial Law
    Beach Weather | Legal Marketing
    Beach Weather | Legal Marketing
  • Article

    Competition Market Inquiry: Franchising

    On 26 June 2026, the South African Competition Commission (Commission) published draft terms of reference for a proposed market inquiry into the South African franchise...
    South AfricaAntitrust/Competition Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Careful With Your Commas

    "Punctuation has purpose… [it is] an important tool in ascribing meaning, idea, thought, intention and mood to what the author of the written words seeks to impart or convey to the reader."
    South AfricaCorporate/Commercial Law
    Tabacks
    Tabacks
  • Article

    Understanding Statement 102 Within South Africa's B-BBEE Framework

    The Broad-Based Black Economic Empowerment (B-BBEE) Act of 2003 (the Act) is an important part of the South African legal landscape.
    South AfricaCorporate/Commercial Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Another Ruling On Income Tax Allowances For Future Expenditure

    Under section 24C of the Income Tax Act 58 of 1962, if a taxpayer receives income under a contract in a tax year.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Competition Act: Price Discrimination

    The regulations on price discrimination provide clarity defining price discrimination, establishing whether a contravention has occurred
    South AfricaAntitrust/Competition Law
    Tabacks
    Tabacks
  • Showing 1–20 of 26 results

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