News & Articles
Competition Commission guidelines on internal restructuring
The Competition Commission (“Commission”) has issued guidelines regarding internal restructuring and whether it triggers notifications in terms of the Competition Act 89 of 1998. When undertaking a merger, the parties to a merger are required to notify the Commission of their intention to implement the merger, to enable the Commission to investigate the effect that the merger will have on competition in the respective markets in which the parties operate. The Commission has now published its final guidelines (“Guidelines”) about internal restructuring to alleviate the uncertainties surrounding merger notification. In this article, we will take a look at these Guidelines.
New Housing Act: What homeowners and builders must know
On 29 January 2025, the new Housing Consumer Protection Act 25 of 2024 (“Act”) was published, which aims to repeal the existing Housing Consumers Protection Measures Act 95 of 1998. The Act offers greater protection for homeowners and offers more support for those entering the home building industry, as well as a wider reach and updated dispute resolution provisions than its predecessor.
Unsafe grounds: Can schools be held liable for sports injuries?
What happens when your child gets injured at school? Who is responsible for their safety? In this article, we examine whether a school can be held liable for injuries sustained by a pupil during school activities.
Walking the M&A tightrope: Telecom and Energy deals in SA
The telecommunications and energy sectors are undoubtedly amongst the key drivers of the South African economy at present. However, with an increasing number of mergers and acquisitions (“M&A”) occurring in these sectors, the Competition Commission are imposing stricter approval conditions to promote public interest and balance competition and economic transformation.
When credit agreements get sticky
Navigating the ins and outs of credit agreements under the National Credit Act (NCA) can feel like walking through legal quicksand. One wrong clause or overlooked procedure, and your entire case could come undone. A recent SCA judgment shows just how critical it is to tread carefully. Before enforcing your rights, make sure you’re not stepping into a sticky situation of your own making.
Unpaid levies? Lights out: Court empowers Body Corporates
Sectional title owners behind on their levies and utility bills may find themselves in the dark—literally. In a significant Johannesburg High Court ruling, it was confirmed that a body corporate has the legal right to disconnect the electricity supply of owners in arrears, as long as the proper legal process is followed.
Storm warning for accountable institutions without an updated RMCP
The storm has passed—but the damage may be just beginning. With the 12 March 2025 deadline for submitting updated RMCPs now behind us, accountable institutions that failed to comply could be in the FIC’s crosshairs. This is more than a missed admin task—it’s a warning that the FIC is watching, and non-compliance could carry real consequences as South Africa continues its battle to escape grey listing.
Do you need to register as a credit provider? Here’s when and how
Thinking of granting credit, even just once? You might be surprised to learn that doing so—even for as little as R1—could trigger a legal requirement to register as a credit provider. With recent changes lowering the registration threshold to zero, understanding when and how to register is more important than ever. Whether you’re a business or an individual, here’s what you need to know before issuing credit in South Africa.
The ins and outs of the Business Rescue process
When a company is in financial distress, Business Rescue proceedings can be used to rehabilitate the company by appointing a Business Rescue Practitioner to formulate a plan and to take control of the financial affairs of the company. It can be started voluntarily by the board of directors of the company or by an Order of Court brought by an affected party, who is usually a creditor of the business.
Navigating financial emigration
In recent years, South Africa has seen a notable rise in financial emigration. This shift comes with significant tax implications, as individuals who cease to be tax residents must navigate complex regulations and financial considerations. Understanding these implications is crucial for anyone considering this move. Financial emigration refers to the formal process by which South African taxpayers alter their tax residency status, change their status with the South African Reserve Bank (SARB) for exchange control purposes and relocate their financial assets to other countries. This often involves transferring wealth, investments, and retirement funds offshore. The South African Revenue Services now mainly oversees this process, allowing individuals to terminate their tax residency in South Africa while effectively transferring their finances overseas.
Trust administration goes digital
On 27 March 2025, the Chief Master Directive 2 of 2025 was issued, marking the start of a digital transformation at the Master’s Offices situated in Johannesburg and Pretoria. These new developments will be beneficial to any person considering setting up a trust.
When does the Property Transfer clock start in a divorce?
A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property transfers—especially when settlement agreements are amended after the divorce. In this article, we look at the current position.
To vote or not to vote: Post-Commencement business rescue creditors
In the recent case of Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) addressed and provided clarity on the burning question of whether post-commencement creditors in business rescue proceedings are entitled to vote on business rescue plans of financially distressed companies. In this article, we review this landmark judgment.
Can your cell phone get you fired?
Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.
New SARS reporting puts trusts under the microscope
The South African Revenue Service (“SARS”) has had trusts under a microscope since April 2023 when the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 came into full effect. SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. Trustees must understand trust-specific tax rules to avoid penalties and legal consequences.
Will AI be steering the future of M&A?
The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses. In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. With the rise of AI, M&A processes may experience significant transformation, even in South Africa, where businesses are increasingly seeking innovative ways to stay competitive and relevant in a strained economy and AI can be instrumental in reshaping how M&A transactions are structured, evaluated, and executed.
Car balloon payments: Pop goes your budget!
A car balloon payment may not be quite as festive as it sounds! Consumers often don’t consider the down-the-road impact of a balloon payment and opt for a lower car instalment now with the worry of the balloon payment left for the future. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.
The budget speech & your finances: What you need to know
The national budget isn’t just about numbers – it shapes the legal, tax, and regulatory realities that affect every South African resident. Whether you’re an individual taxpayer, trustee, business owner, or corporate executive, understanding the implications of the 2025 Budget Speech is crucial for informed decision-making.
#HumanRights: Protecting medical privacy under POPIA
In healthcare, the right to access medical information is critical in ensuring that patients receive the proper care they need. However, situations may arise where a patient is unable to consent due to illness, injury, or incapacity. In such circumstances, the question of whether family members, particularly the next of kin, can access medical information becomes a vital issue.
#HumanRights: How NHI Act supports the right to affordable and quality healthcare
In 2025, the South African healthcare landscape continues to evolve, shaped by the findings and recommendations of the Competition Commission’s 2019 Health Market Inquiry (HMI).
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
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.
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.
Merger retrenchments or operational cuts – Where’s the line?
2024 was filled with a flurry of new proposed acts, regulations, and landmark judgments, so, understandably, some significant decisions may have gone unnoticed. One such case is the recent judgment in Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another 2024 (4) SA 391 (CC) (17 April 2024), wherein the Constitutional Court examined whether retrenchments were merger-specific or the consequence of operational requirements.
New rules: will we say goodbye to unwanted direct marketing?
The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.
Are you an Accountable Institution under FICA?
Accountable Institutions are key role players in the fight against terrorist financing, money laundering and financial crimes. With extensive obligations placed on Accountable Institutions in terms of the Financial Intelligence Centre Act 38 of 2001 (FIC Act”), businesses must know whether they qualify as an Accountable Institution based on the services they provide, particularly as the inclusion list is continuously expanding.
Injured by a hazardous product? Know your rights!
In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer’s rights regarding a hazardous product.
Is your business ready for the new Employment Equity rules?
Most of the provisions of the Employment Equity Amendment Act (EEA) came into effect on 1 January 2025 and introduced several changes. This article briefly highlights the changes small business owners should anticipate following the enactment of the amendments.
Reconsideration under Section 17(2)(f): still a safety net?
With amendments to the provisions of Section 17(2)(f) of the Superior Courts Act 10 of 2013 which became effective in 2024, it begs the question whether an application for reconsideration in terms of Section 17(2)(f) is still available to litigants.
Navigating harassment in community schemes
The recent case of MM v Kiewiet (A193/2023) [2024] ZAGPPHC 411 (3 May 2024) sheds some light on the appropriate forums for addressing different types of disputes when it comes to community schemes.