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Legal Due Diligences for private equity transactions: a powerful tool if used correctly
and Francisca Heese, Candidate Attorney Local and cross-border private equity investors continue to support the growth and development of companies in South Africa, as well as [...]
The role of the Sheriff in the South African legal system
In the current economic climate, with rising interest rates and soaring inflation, many consumers are struggling to meet their debt obligations. This may lead to creditors [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by contract of by operation of law, [...]
Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a third-party lender (such as a Bank) [...]
Proceed with caution: Transacting with Trusts and Trustees
Our courts have once again sounded the alarm to all trustees and parties transacting with trusts to have regard to the provisions of the trust deed [...]
Filling the gaps: examining the procedure to amend a Mining Right under the Mineral and Petroleum, Resources Development Act 28 of 2002.
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South Africa ("South Africa") are related to [...]
Enforcement notice issued to Dis-Chem due to contravention of POPIA
and Chiara Ferri, Candidate Attorney The importance of compliance has once again been highlighted as the Information Regulator issued an Enforcement Notice to Dis-Chem Pharmacies Ltd [...]
What are you worth? “if you’re not paying for a product, then you are a product.”
In the digital world, this happens to be true. But it is not only companies that have realised the value that lies in personal data and [...]
The privacy of customers seemingly protected by RICA
The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") was enacted more than twenty (20) years ago. Since [...]
The publication of information by the Auditor General in terms of PAIA
and Chiara Ferri, Candidate Attorney In the High Court judgment of Sakeliga NPC v The Auditor-General South Africa (36297/2022) [2023] ZAGPPHC 501 (30 June 2023) penned [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has only laid a criminal complaint against [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against Open Artificial Intelligence Inc. and Guy [...]
Heritage Matters: Celebrating Heritage Month 2023
In this Heritage Month, as we celebrate the richness of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), we also recognise the ongoing efforts to [...]
“All change is good”: potential implications of the proposed changes to taxation of income subject to withholding taxes awarded by South African trusts to foreign beneficiaries
and Benedict Ngobeni - Candidate Attorney Reviewed by Ernest Mazansky - Director, Werksmans Tax (Proprietary) Limited Currently, income arising in a South African trust that is [...]
The changing landscape of the Companies Act, 2008: the Second Amendment Bill, 2023
In the wake of the Zondo Commission of Enquiry into State Capture's recommendation that certain provisions in the Companies Act 71 of 2008 ("Companies Act") [...]
A definite end to an infinite loop – the interpretation of section 153(4) of the Companies Act, 71 of 2008
It is evident from recent judgments handed down by the Supreme Court of Appeal (the "SCA") that various provisions of Chapter 6 of the Companies [...]
A South African perspective on the role of Pro Bono lawyers
This article was first published in TYL, a publication of the American Bar Association's Young Lawyers Division As a democracy, South Africa is somewhat of [...]
Labour laws – fairness to all parties
South African labour laws have been deliberately crafted in order to create a protective regulatory environment for employees. Additionally, labour dispute resolution forums such as [...]
Faking sickness in order to attend a political march: You have a huge price to pay
Our labour law allows employees to take paid sick leave when they are sick in order to attend to their health. This is so because [...]
Employment in South Africa – a relationship built on trust
The employment relationship between an employer and its employees is heavily regulated in South African law and there are a number of statutory instruments which [...]
Testing the reliability of breathalyser tests
and Nombulelo Bashe, Candidate Attorney Whilst employers regularly rely on the convenience and accessibility of a breathalyser test to determine whether employees are under the influence [...]
Salary made up of commission: What rules apply?
Although South African labour law has a lot to say about minimum terms and conditions of employment, and pieces of legislation such as the Basic [...]
Sustainable housing: Navigating the legal landscape for a green and resilient future
One of the first principles recognised in the Paris Agreement[1] is the importance of "sustainable lifestyles and sustainable patterns of consumption and production… [which] play [...]
ESG in Private Equity Funds: Insights from the Super Return Conference 2023
The integration of environmental, social, and governance (ESG) factors has become a crucial consideration for investors across various asset classes, including private equity funds. I [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]
