News & Articles

Construction Contracts: Is it a “one-size-fits-all” decision?

Construction Contracts: Is it a “one-size-fits-all” decision?

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract. Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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How far does employer liability for the actions of its employee extend?

How far does employer liability for the actions of its employee extend?

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee whilst on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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South Africa’s four-day workweek trial: the good and the bad

South Africa’s four-day workweek trial: the good and the bad

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

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TRP approval: Essential for SA company transactions

TRP approval: Essential for SA company transactions

The Takeover Regulation Panel (“TRP”) is a key South African regulatory body responsible for regulating certain types of transactions undertaken by companies in South Africa. In this article, we take a look at a few transactions that specifically need to be approved by the TRP and, in particular, the requirements to give notice of such transactions.

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The regulatory bodies that govern Mergers and Acquisitions

The regulatory bodies that govern Mergers and Acquisitions

The Competition Commission

The Competition Commission is a regulatory body established in accordance with the Competition Act, 89 of 1998 (“Competition Act”), with the power to investigate, monitor, and assess anticompetitive business practices, collusion, and mergers to foster healthy competition within the South African economy.

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POPIA compliance: Safeguarding Data Privacy in South Africa

POPIA compliance: Safeguarding Data Privacy in South Africa

Every year, January 28th marks World Data Privacy Day, celebrated globally to emphasise the critical need for privacy, particularly in recent times characterised by a continuously shrinking, interconnected, and intelligent digital global community, where there are almost constant flows of data and personal information in all aspects of life.

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The role of ‘control’ in M&A transactions

The role of ‘control’ in M&A transactions

In an earlier article, we examined the requirements for notifying the Competition Commission about your merger. One of the aspects touched on was the requirement of ‘control’ as an indicator of whether a transaction is reportable or not. In this article, we will delve deeper and examine the ‘control’ element as contemplated in the Competition Act 89 of 1998 (“Act”).

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Competition Commission guidelines for small mergers

Competition Commission guidelines for small mergers

In previous articles, we have examined the different types of mergers and in particular looked at the notification requirements in respect of intermediate and large mergers. In this article, we take a closer look at the Competition Commission guidelines in respect of small mergers.

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An introduction to mergers and acquisitions in South Africa

An introduction to mergers and acquisitions in South Africa

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

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New CIPC changes for the filing of annual returns

New CIPC changes for the filing of annual returns

CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which introduces mandatory obligations for companies and close corporations when filing their annual returns.

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