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
Creditors now empowered to make application to declare directors delinquent
and Khanyisa Tshoba - Candidate Attorney A critical look at Vantage Mezzanine Fund II Partnership and Another v Hopeson and [...]
AI Laws – The Year in Review
DOWNLOAD AI LAWS - THE YEAR IN REVIEW PDF HERE Almost synonymous with 2023 is the term Artificial Intelligence (AI) [...]
Amendments to the Ethical Rules – a step in which direction?
On 17 November 2023, the Registrar of the Health Professions Council of South Africa ("HPCSA") published certain amendments to the [...]
The coming of crypto arbitration
Cryptocurrency and cryptoasset-related (crypto) disputes are on the rise globally.[1] Arbitration is becoming the dispute-resolution mechanism of choice in the [...]
You cannot have your cake and eat it: Lessons from J 1233/20 – Busisiwe Khumalo vs IDC of SA & Bongani Luthuli
The facts of this case are simple and straightforward. Ms Khumalo was employed by the IDC. Allegations of misconduct were [...]
The importance of placing of a complete record of the arbitration proceedings – the transcript of the arbitration proceedings
On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a [...]
