Legal updates and opinions
News / News
Risk Mitigation for Boards of Director
Across the globe, directors are under sharper focus than ever before. Boards are expected to make sound, justifiable decisions that protect both companies and their stakeholders, and the weight of this responsibility falls heavily on directors. Recognising the complexity and growing importance of this role, we have prepared an overview on Risk Mitigation for Boards of Directors applicable to all corporates in South Africa.
When directors fall short of their legal duties, the consequences can be severe, ranging from reputational damage to personal liability. In South Africa, the Companies Act 71 of 2008 (“Companies Act”) provides the framework for directors’ responsibilities, while the King V Report on Corporate Governance for South Africa 2025 (“King V Report”) reinforces the importance of ethical leadership and access to independent, professional advice. Together, these instruments highlight that effective governance begins with a clear understanding of directors’ obligations. Our aim is to provide directors and stakeholders with a concise, accessible resource that underscores both the legal framework and the governance principles shaping boardroom accountability today.
I hope that you find these publications informative and please feel free to contact me for any advice or for further information.
Kind regards,
Dr. Eric Levenstein | Director and Head of Insolvency & Business Rescue
Download the guide here.
Latest News
COVID-19: Could borrowing base funding mechanisms be the answer for smaller businesses suffering from cash flow shortages?
By Cara Gow, Associate Reviewed by Richard Roothman, Director and Head of the Banking & Finance practice and Tracy-Lee Janse [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") [...]
Retrenchment of employees on fixed-term contracts: How far can you go?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney Retrenchments are viewed in a bad light due to the very [...]
Retrenchment consultations: the use of video-conferencing
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may [...]
Discovery vs Liberty – When is use of a trade mark an infringement?
by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited (“Liberty”) to court over Liberty’s use of Discovery’s VITALITY [...]
Solutions thick and fast but as of 1 July 2020, innovation must incorporate POPIA conditions
By Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "The recently reported cyber attack on a healthcare [...]
