News & Articles
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.
POPIA: protecting health and sex life data privacy
New draft Regulations to the Protection of Personal Information Act 4 of 2013 (“POPIA)” have been circulated for comment and relate to the processing of health and sex life data. Given the sensitive nature of such information, the fear of many data subjects has circled the unconsented sharing or processing of the data as it pertains to health and sex life. In this article, we take a brief look at the proposed new regulations.
Beneficial Ownership reporting: dormant and deregistered trusts
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 introduced important changes to the Trust Property Control Act 57 of 1988, most notably the requirement for trusts to report on their beneficial ownership to the Master of the High Court. But what if the trust is dormant or has been deregistered? Is reporting still needed?
Vodacom-Maziv merger blocked: competition vs public interest
Recently, the Competition Tribunal (Tribunal) issued a ruling prohibiting the proposed transaction involving Vodacom (Pty) Ltd (“Vodacom”) and Business Venture Investments No 2213 (Pty) Ltd (“Maziv”). The proposed merger would have seen Vodacom, the country’s largest mobile operator, merge with Maziv, a significant player in fibre infrastructure. The ruling raises the question of how fine a line exists between competition and public interest in mergers.
Employee rights in business transfers
An often-overlooked aspect of a sale of business, is the treatment of staff, with the financial objectives of the sale taking precedence. In this article, we look at the rights of employees and the importance of these rights being upheld during and post the transfer process to limit the employer’s liability to claims of unfair conduct.
Signed, sealed, (e)-delivered: digital leap for Land Registration System
The Deeds Registries Amendment Act, 20 of 2024 (“Amendment Act”) marks a significant step toward modernising the South African Land Registration System. Whilst many of the changes are technical in nature and aimed at clarifying certain ambiguities in the Deeds Registries Act 47 of 1937 (“the Act”), the Amendment Act also proposes substantive reforms, including the adoption of a fully electronic land registration system and expanded roles for government personnel involved in land transactions. In this article, we take a brief look at some of these changes.
Can you challenge maintenance when you’re in arrears?
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
Can a sale in execution proceed while an appeal hangs in the balance?
In this article, we explore some of the complexities relating to the general rule of suspension during an appeal and look specifically at whether a sale in execution can proceed whilst an appeal is pending.
When and how can a trustee resign from a trust?
There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust.
Capital gains distributions between trusts – who gets taxed?
Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.
Slip and trip: who is liable?
With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.
Developers caught off guard with sectional title costs
In the recent case of Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021) [2024] ZAKZDHC 40, the KZN High Court had to clarify the position as to whether the holder of a real right of extension (in this case the developer) had a responsibility to contribute towards the maintenance costs of the sectional title scheme.
See no evil, speak no evil: reporting misconduct
Enforcing workplace rules frequently relies on employees reporting misconduct that they have witnessed by fellow employees to their employer. This is vital for maintaining workplace discipline and ensuring that employees adhere to the employer’s rules. But what is the worst that can happen to an employee who elects to protect a fellow employee by keeping quiet about their transgressions?
Cast your nets and navigate the waters of phishing and whaling
With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.
Who pays for construction delays?
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule – It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.
Why the right executor is vital for your family
Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.