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“Corporate Death by Winding-Up”: Pretoria High Court Reaffirms the Badenhorst Principle
by Eric Levenstein, Director and Head Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney A recent judgment handed down by Nyathi [...]
South Africa’s Information Regulator: What the 2025/26 Annual Performance Plan means for Business (as presented to the Portfolio Committee on 5 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory “It is only the inner sanctum of a person, such as his/her family life, sexual preference and home [...]
Urgency misconceived: A cautionary note on process, principle and professional responsibility
by Bradley Workman-Davies, Director The decision in Wheatley v Commission for Conciliation, Mediation & Arbitration & others (2026) 47 ILJ 997 (LC) provides a pointed reminder [...]
Digital taxes are reshaping cross-border e-commerce economics in Africa
by Tebogo Sibidla, Director Digital taxation has moved from policy debate to regulatory reality. Governments across the world are implementing measures aimed at taxing revenue generated [...]
A safe voice or silent risk: An attempt at reforming whistleblower protection through the Protected Disclosures Draft Bill
by Harold Jacobs, Director, Luyanda Lebepe, Senior Associate and Kian Steytler, Candidate Attorney The case of Babita Deokaran, a senior official at the Gauteng Health Department [...]
Recent Competition Tribunal Case clarifies approach to ownership conditions in South African merger approvals
by Pieter Steyn, Director In a recent case, the Competition Tribunal clarified its approach regarding the imposition of conditions for a merger approval relating to the [...]
Proposed New Capital Flow Management Regulations fail to live up to expectations
by Kyle Fyfe, Director On 17 April 2026, National Treasury and the South African Reserve Bank published the long awaited draft of the replacement to the [...]
Understanding the 1 May 2026 BCEA Earnings Threshold Adjustment: Implications for employers and employees
by Banky Sono, Director, Dakalo Singo, Head of Pro Bono, Neo Sewela, Director and Sandile Mogweng, Candidate Attorney The Minister of Employment and Labour has, in [...]
The Banks Win on Appeal: SCA Overturns R704 Million High Court Judgment
by Tshegofatso Matlou, Associate, reviewed by Jones Antunes, Director In the decision of African Banking Corporation of Zambia Limited and Others v Mapula Solutions (Pty) Ltd [...]
Out with the Old: South Africa’s Proposed Overhaul of Exchange Controls and the Inclusion of Crypto Assets
by Janice Geel, Associate and Azraa Sidat, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 17 April 2026, in Government Notice No. [...]
Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
by Ahmore Burger-Smidt, Director and Head of Regulatory The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework for South Africa’s statutory opt‑out regime [...]
Business Rescue Applications Under Scrutiny: business rescue orders are not there for the taking!
by Eric Levenstein, Director and Head Insolvency & Business Rescue and Amy Mackechnie, Senior Associate This article considers the recent decision in Trustees, Inkwazi Trust v Skema Holdings [...]
The AI Arms Race and what it means for Competition Law: A new era or new focus
by Ahmore Burger-Smidt, Director and Head of Regulatory We are not in the habit of writing breathless technology briefings. That is not our role. But the [...]
The AI Governance Stack and South Africa’s Draft National AI Policy: An Operational Gap in Search of a Framework
by Ahmore Burger-Smidt, Director and Head of Regulatory Author's Note I am presently reading Noah M Kenney's Governing Intelligence: Law, Privacy, Security, and Compliance,[1] and it [...]
Speak now or forever hold your peace. The draft AI policy has been published and parties have 60 days to comment
by Ahmore Burger-Smidt, Director and Head of Regulatory On 10 April 2026, South Africa's Department of Communications and Digital Technologies published its Draft National Artificial Intelligence [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 4 – Exchange Control Update
by Deon Griessel, Director, Armand Swart, Director, Hlonelwa Lutuli, Associate and Khanyisa Tshoba, Associate In our previous article published on 28 October 2025, we identified the [...]
Business Rescue at the Crossroads: When Creditors Draw the Line
by Dr. Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios - Candidate Attorney In a restructuring [...]
Courts Enforcing The Right Of Access To Healthcare In Gauteng
by Helen Michael, Director, Slade van Rooyen, Associate and Vhutshilo Muambadzi, Candidate Attorney The present dire state of public healthcare in the Gauteng Province has been [...]
NCR Throws a Lifeline to Consumers Required to Pay Premiums for Mandatory Credit Life Insurance
by Dylan Cunard, Director and Brendan Olivier, Director In a much-needed victory for hard-pressed consumers, the National Credit Regulator ("NCR") has recently published a non-binding opinion [...]
The Impacts of Cross-Border Restructuring Transactions on Your South African Mining Right
by Sandile Shongwe, Senior Associate and Kyra South, Director (assisted by Gracie Sargood, Candidate Attorney) The proposed amendments to the Mineral and Petroleum Resources Development Act 28 of 2002 [...]
Global AI Governance Frameworks in a Diverging World
by Ahmore Burger-Smidt, Director and Head of Regulatory “The biggest lesson learned is we have to take the unintended consequences of any new technology along with [...]
Summary of Recently Proposed Legislative Amendments: National Minimum Wage Act and Employment Equity Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of the [...]
Summary of Recently Proposed Legislative Amendments: Basic Conditions of Employment Act and Unemployment Insurance Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of [...]
Summary of Recently Proposed Legislative Amendments: The Labour Relations Act
by Andre van Heerden, Director and Mikayla Ehrenreich, Candidate Attorney Introduction On 26 February 2026, the Minister of Employment and Labour ("Minister") published, by way of [...]
Take the Job – Not the Clients: Recent Cases Reinforce the Employer’s Right to Protect Its Turf
by Bradley Workman-Davies, Director Restraints of trade remain one of the most frequently litigated issues in South African employment law. The tension is familiar: employees are [...]
