A Comparative Overview of Business Rescue and Liquidation in South African Law
The South African commercial environment is characterised by economic volatility, regulatory complexity, and sector-specific risks that frequently place companies under financial strain. As businesses contend with liquidity shortages, unsustainable debt structures, or declining revenues, legal mechanisms for managing financial distress become increasingly relevant. Two key procedures designed to address corporate insolvency under South African company […]
Navigating Directors’ Conflicts of Interest under the South African Companies Act 71 of 2008
The Companies Act 71 of 2008 (“the Act”) codifies the principles of transparency and fiduciary accountability expected of individuals entrusted with corporate stewardship. Among its key provisions are those governing conflicts of interest involving directors, reflecting the legislature’s intention to safeguard corporate decision-making from undue influence and personal enrichment. These statutory mechanisms are aimed at […]
Interim Relief in the Context of Muslim Marriages: Jurisdictional Considerations Arising from HA v NA
The decision in HA v NA (GP) (unreported case no 44907/2024, 13 February 2025) (Van der Schyff J) contributes significantly to the evolving legal understanding of Muslim marital dissolution within South Africa’s civil law framework. It engages, in particular, with the court’s authority to consider interim relief applications under Rule 43 of the Uniform Rules […]
Evolving IP Enforcement in South Africa: Confidentiality, Restraint of Trade, and Commercial Protections
In South Africa, legal and commercial developments in intellectual property (IP) have increasingly focused not only on registration and enforcement of rights, but also on how IP is protected in business arrangements. A particularly relevant area is the intersection between IP, employment law, and sale-of-business transactions, especially as businesses seek to safeguard proprietary information and […]