Market Intelligence

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

Njeri Wagacha sits down with Liz Fanning, Founder and CEO of CorpsAfrica, to explore her transformative journey from Peace Corps volunteer to building an organization dedicated to empowering young people and high-poverty rural communities across Africa. The conversation delves into African-led development, local ownership, youth engagement, and the critical importance of listening to communities as they identify solutions to their own challenges.

International investors look beyond an African startup’s product and growth potential. They also assess whether its corporate structure supports investment, protects intellectual property, enables expansion across multiple markets and can accommodate future funding rounds or an eventual exit.

South Africa's Regulation of Trusts Bill, 2026 proposes the most significant overhaul of trust law since 1988, introducing comprehensive compliance obligations, beneficial ownership transparency, and enhanced regulatory oversight. While aimed at strengthening accountability and aligning with international anti-money laundering standards, the Bill raises critical questions about practical implementation, institutional capacity, and the balance between regulatory rigor and administrative feasibility.

The Regulation of Trusts Bill, 2026 seeks to repeal South Africa's Trust Property Control Act, 1988, introducing sweeping changes to trust law including expanded beneficial ownership disclosure requirements, enhanced trustee duties, and new criminal penalties. Will these modernization efforts align South Africa with international transparency standards, or will the onerous compliance obligations discourage competent professionals from serving as trustees?

When acquiring a business, the purchase price often reflects intangible assets like customer relationships, reputation, and market position. How can purchasers protect the goodwill they've paid for when sellers may be positioned to immediately compete using the same relationships and knowledge that contributed to the transaction value?