News & Articles

Private vs Listed Company M&A Transactions

Private vs Listed Company M&A Transactions

Mergers and Acquisitions (“M&A”) are a pivotal part of South Africa’s growing and developing corporate landscape. There are however some unique differences when dealing with private or listed company M&As. In this article, we look at some of the more distinctive traits and considerations associated with M&A transactions in these two sectors in South Africa.

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Relationship triangle between M&A, BEE and Foreign Entities

Relationship triangle between M&A, BEE and Foreign Entities

The Merger & Acquisition (M&A) landscape in South Africa does not only consider competition within the South African market but also considers the impact M&A transactions may have on historically disadvantaged people as regulated by the Broad-Based Black Economic Empowerment Act 53 of 2003 (“BEE Act”). In this article, we look at the relationship triangle between M&A transactions, the requirements of the BEE Act, and its impact on foreign entities wishing to invest in South Africa through an M&A.

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Good Housekeeping: Preparing for an M&A

Good Housekeeping: Preparing for an M&A

When a company is considering a Merger or Acquisition transaction (M&A), it is vital that the correct preparation is done for the transaction using what we call good ‘housekeeping’ practices. In this article we take a look at these housekeeping practices and why they are important in the run-up to an M&A.

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Merger & Acquisitions: Why they fail?

Merger & Acquisitions: Why they fail?

Mergers and Acquisitions (M&A) are intricate commercial transactions that hold huge potential for economic growth, investment, job creation and increased market competitiveness. Yet, their complexity can also be their undoing. In this article, we take a look at some of the main pitfalls and issues in South Africa that result in unsuccessful M&As or M&As that don’t live up to their expectations.

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What to expect from the new draft Employment Equity Act Regulations

What to expect from the new draft Employment Equity Act Regulations

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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To click or to ink? Are electronically signed sale of property agreements valid in SA?

To click or to ink? Are electronically signed sale of property agreements valid in SA?

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and efficiency. From large corporations to small businesses, organizations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement.

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Safeguarding your legacy for your children

Safeguarding your legacy for your children

For any parent, the question of how to protect and provide for their children after their passing is a burning concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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Human Rights: Upholding the right to education

Human Rights: Upholding the right to education

The right to education is outlined in section 29 of the Constitution of the Republic of South Africa, 1996 (hereinafter “the Constitution”). This section guarantees that everyone has the right to basic education and the right to further education, which the state, through reasonable measures, must make progressively available and accessible. In South Africa the right to basic education can be described as a fundamental socio-economic right, that is, an entitlement to conditions and resources necessary for the material well-being of people.

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AI Rights vs Human Rights

AI Rights vs Human Rights

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.

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Navigating the Herd: Avoid negative tax implications of livestock in your estate

Navigating the Herd: Avoid negative tax implications of livestock in your estate

Many farmers still conduct their farming operations with livestock owned in their personal capacities. Although such ownership may have certain advantages, it can pose significant complications for a farmer in the event of his passing. It is therefore crucial for farmers to do a comprehensive tax and estate planning assessment to look into the potentially complex issues which must be addressed to ensure liquidity in the deceased estate and to avoid unnecessary financial burdens on the estate or loved ones after death.

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Peanut butter product recall – A smooth analysis of a crunchy matter

Peanut butter product recall – A smooth analysis of a crunchy matter

Picture the confusion of peanut butter enthusiasts as they strolled into their local grocery store only to discover that their beloved peanut butter brand had been pulled from the shelves. What may just be a disgruntled customer at that moment is the evidence of a bigger matter in terms of the Consumer Protection Act 68 of 2008 (“CPA”). Well, let’s not focus on the “crunchy” and “sticky” issue of the recent recall of Clover’s Go Nuts Peanut Butter, but rather on the role that the CPA and the National Consumer Commission (“Commission”) plays in the recall of products in South Africa now and then to protect customers in South Africa.

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SA’s New Land Court Act – paving the way for settling land disputes

SA’s New Land Court Act – paving the way for settling land disputes

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our country, South Africa has introduced a pioneering piece of legislation namely the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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