No-Fault Termination Clauses: Navigating Flexibility and Risk in Commercial Contracts
In the realm of contract law, not all terminations arise from breach or non-performance. Many agreements, particularly in dynamic commercial environments, include no-fault termination clauses, which allow one or both parties to terminate the agreement without having to prove wrongdoing or failure to perform. While these provisions promote contractual flexibility, they can also present significant […]
Legal Uncertainty in Crypto Transactions: A Call for Reform in Exchange Control
In a landmark ruling, the Gauteng High Court in Standard Bank of South Africa v South African Reserve Bank and Others [2025] ZAGPPHC 481 tackled a pressing legal question: Do South Africa’s Exchange Control Regulations (Excon Regulations), crafted in a pre-digital era, extend to cryptocurrency transactions across borders? The Court was asked to interpret Regulations […]
When Is a Will Invalid? Understanding the Legal Pitfalls
A will is a legal document that reflects a person’s wishes for the distribution of their estate after death. However, if a will fails to comply with legal standards, or is influenced by misconduct, it may be ruled invalid. When this happens, the deceased’s intentions may be disregarded, and their estate could be distributed according […]
The High Cost of Non-Disclosure
In March 2021, a woman from the Eastern Cape was the victim of an attempted hijacking at her residence. An incident that left her seriously injured and unable to continue working. To mitigate the resulting financial hardship, she turned to her salary protection policy with Liberty Group Limited, expecting the insurer to provide support during […]
Suspensive Conditions in Commercial Agreements
In many commercial transactions, contracts often include clauses such as “subject to board approval” or other forms of conditional language. These clauses are not merely procedural, they operate as suspensive conditions under South African contract law. This means the agreement will have no binding legal effect until the condition has been satisfied. What Is a […]
Electric Fence Laws South Africa: COC Requirements, Installers, and Penalties
Electric fencing has become a go-to security measure for South African homeowners, especially in suburban areas. While effective in protecting people and property, many overlook the fact that electric fences are subject to strict legal requirements. Failing to comply can expose you to legal liability, financial penalties, and delays in property transactions. With increased inspections […]
Filing in Bloemfontein? Why Mayet & Associates Is the Correspondent Firm You Need
When your client’s matter ends up in the Bloemfontein High Court or the Supreme Court of Appeal, the choice of correspondent attorney can make or break the case. Whether you’re filing urgent Rule 43 applications, preparing bundles for the SCA, or attending a trial on short notice, you need more than just a Bloem-based lawyer, […]
Understanding Appraisal Rights and “Fair Value” Under the Companies Act
Under section 164(2) of the Companies Act 71 of 2008, a company’s board of directors holds the authority to make high-level decisions on behalf of the company. These may include substantial amendments to the Memorandum of Incorporation (MOI) or entering into transactions that materially alter the company’s structure such as mergers, amalgamations, schemes of arrangement, […]
When a Missed Deadline Costs You Everything: Lessons from Beadica
Contracts are at the heart of commercial activity. The legal doctrine of pacta sunt servanda, that agreements must be honoured, is a cornerstone of contract law. But what happens when enforcing a contract leads to a result that feels unjust? Can the courts intervene purely on the grounds of fairness? These were the questions considered […]
Serving Alcohol? Make Sure You’re Licensed
If you intend to sell, produce, or distribute alcohol in South Africa, a liquor licence is legally required. This applies not only to brick-and-mortar establishments but also to events like festivals, outdoor markets, or private functions where alcohol is offered. Categories of Liquor Licences Licence types differ based on the nature of the business and […]