Van der Merwe du Toit inc. BEE Verification Certificate

Van der Merwe du Toit inc. BEE Verification Certificate
July 11, 2014
M&A under scrutiny as Companies Act amendments reshape deals

M&A under scrutiny as Companies Act amendments reshape deals

On 25 July 2024, the long-awaited Companies Amendment Bill was signed into law by President Ramaphosa. On 27 December 2024, certain provisions of the Companies Amendment Act 16 of 2024 (the “Amendment Act”) came into operation. The Amendment Act has brought about several noteworthy changes in respect of company law. One of the pertinent changes introduced in terms of the Amendment Act is the new thresholds requiring private companies to comply with the takeover regulations (the “Regulations”) contained in the Companies Act 71 of 2008 (the “Act”), which will lead to increased scrutiny in respect of mergers and acquisitions (“M&A’s”) by the Takeover Regulation Panel (the “TRP”). This article will specifically unpack the amendments to section 118 of the Act and the effect of its amendment on M&A’s.

New share buyback provisions in the Companies Act

New share buyback provisions in the Companies Act

On 25 July 2024, the amendments to the Companies Act 71 of 2008 (the “Act”) were assented to by the President. Since then, certain provisions of the Companies Amendment Act 16 of 2024 (the “Amendment Act”) have come into operation on 27 December 2024. The Amendment Act introduces amendments to section 48 of the Act, which deals with share buyback transactions and is one of the provisions which are now in operation. A brief discussion of the amendments to section 48 follows.

Starlink’s signal “jammed” in SA? Navigating regulatory hurdles.

Starlink’s signal “jammed” in SA? Navigating regulatory hurdles.

American satellite internet giant Starlink is set to make waves in South Africa but has locked horns with the Independent Communications Authority of South Africa (“ICASA”). Starlink has urged ICASA to rethink its requirements for issuing licenses to service providers in South Africa, set in terms of the Electronic Communications Act 36 of 2005 (“ECA”). This clash between a large international enterprise and the South African government highlights the complexities of introducing foreign investment into a well-established Black Economic Empowerment (“BEE”) regulatory environment. What follows below is a brief observation of the latest developments regarding Starlink’s proposed entry into South Africa as a service provider and foreign investor.

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