We’re not your typical law firm, and we’re proud of it. At Mayet & Associates, we’re a powerhouse team of young women breaking barriers in the legal profession. Based in Bloemfontein, the judicial capital of South Africa, we’ve built a reputation as one of the leading Supreme Court of Appeal correspondent firms driven by precision, […]

Introduction Arbitration is often praised for being faster and more confidential than court proceedings, but what happens when a dispute involves both arbitrable and non-arbitrable claims? A recent judgment by the High Court in AIG South Africa Limited v Brian Molefe (Gauteng Division, Pretoria, 1 August 2025) sheds light on this question and illustrates when […]

In an era where commercial disputes are increasingly resolved through negotiated settlements rather than lengthy litigation, the precision of contractual drafting has become more important than ever. Businesses are under growing pressure to ensure that their agreements are enforceable, practical, and free from ambiguity. Recent South African case law continues to shape this landscape, and […]

Understanding the Timing of Prescription in Contracts with Suspensive Conditions In South African contract law, few issues create more confusion than the intersection between prescription and suspensive conditions. When parties sign an agreement that is subject to a future condition, does the clock for prescription start ticking on the day of signature, or only once […]

The story of governance in South Africa has always been a moral one, a search for integrity in leadership and accountability in enterprise. Each version of the King Code on Corporate Governance has served as both a mirror and a guide, reflecting the values of its time while setting new expectations for ethical business conduct. […]

A recent ruling in South Africa has cast a spotlight on how intellectual property laws apply in the influencer economy, specifically involving social-media personality Ntando Duma Mthombeni (Duma) and the agency Pixel Kollective (Pty) Ltd in Pixel Kollective (Pty) Ltd v Ntando Duma Mthombeni and MSL, decided on 15 September 2025. This judgement draws a […]

A single sentence “some police are useless” led to a brutal assault, unlawful arrest and malicious prosecution. In Ratswene v Minister of Police, the Johannesburg High Court delivered a powerful judgment against police abuse, awarding R1.75 million in general damages and R65 000 for loss of earnings to the victim Acting Judge Ford condemned the […]

The North Gauteng High Court recently reaffirmed the strength of South Africa’s Consumer Protection Act 68 of 2008 (CPA) in the used-car industry. In Avura Motors t/a Avura Executive Auto v National Consumer Commission and Others (A68/2025), the court dismissed an appeal by a second-hand car dealership that had sold a defective Mazda BT-50 to […]

The Compliance Reality Check Employment Equity submissions are currently in full swing across South Africa, but filing your annual reports is only the beginning. True compliance means your business can confidently demonstrate fair, inclusive employment practices if the Department of Employment and Labour pays a visit. The Employment Equity Act (EEA) is not a mere […]

Crypto assets operate in an unconventional legal environment. Unlike traditional currency issued by central banks, cryptocurrency functions through decentralised blockchain networks. Despite this distinction, digital assets can be traded, exchanged for goods and services, or used for fundraising and investment purposes in much the same way as money. South Africa has yet to establish a […]

The brutal assassination of a health department whistleblower in Gauteng serves as a chilling reminder of the dangers faced by those who dare to expose corruption and misconduct. Despite widespread outrage, whistleblowers across South Africa continue to live under threat. In one case, an employee who reported alleged price gouging at a state-owned rail company […]

Understanding the Legal Distinction Substance abuse in the workplace remains one of the most complex challenges facing employers in South Africa. Beyond its operational impact, it raises a crucial legal question, should substance dependence be managed as misconduct or as incapacity? The distinction is not merely academic. It determines whether an employer is justified in […]

A Landmark Decision Restoring Global Confidence In a significant milestone for South Africa’s financial credibility, the Financial Action Task Force (FATF) has formally removed the country from its grey list following the Paris Plenary on Friday. This decision reflects the success of South Africa’s far-reaching reforms to combat money laundering and terrorist financing, reforms that […]

The Judicial Capital Advantage Bloemfontein is home to South Africa’s Supreme Court of Appeal and the Free State Division of the High Court, making it the heart of the country’s appellate and procedural litigation. For attorneys practising elsewhere in South Africa, having a trusted correspondent attorney in Bloemfontein is not only convenient but essential for […]

The Competition Appeal Court (CAC) has overturned a decision of the Competition Tribunal, ruling in favour of Pepkor Holdings Ltd and Shoprite Holdings Ltd in their appeal against the wide-ranging intervention rights that had been granted to Lewis Stores (Pty) Ltd. This significant judgment reshapes the boundaries of third-party participation in merger proceedings under South […]

What Is a Marriage Contract in South Africa? A marriage contract in South Africa is a legally binding agreement that sets out how a couple’s assets, debts, and finances will be managed during the marriage and after death or divorce. It protects both partners and provides clarity on property ownership and financial responsibilities. In South […]

The Supreme Court of Appeal (SCA) remains South Africa’s ultimate appellate authority in non-constitutional matters, and its decisions are rarely revisited once finalised. However, Section 17(2)(f) of the Superior Courts Act 10 of 2013 introduces a narrow but crucial exception that allows the President of the Supreme Court of Appeal to refer a matter back […]

For many company directors, the word liquidation immediately triggers thoughts of financial ruin, unpaid creditors, and reputational damage. It is often viewed as a last resort. A painful process that marks the end of commercial ambition. Yet, this perception overlooks the fact that liquidation is not always a symptom of failure. When applied strategically, voluntary […]

In April 2023, a borrower formally admitted owing a sum of R1,209,600 to a lender by signing an Acknowledgment of Debt (AOD). Two individuals, Motlhopesi and Morwadi Phekola, stood surety for the debt. The borrower undertook to settle the amount by 31 May 2023, failing which interest at 20% per month would accrue. When payment […]

As the judicial capital of South Africa, Bloemfontein is home to the Supreme Court of Appeal, the High Court, and several key tribunals. For law firms based outside the Free State province, having a reliable correspondent attorney in Bloemfontein is essential to ensuring that filings, appearances, and local procedures are handled efficiently and professionally. At […]

The Information Regulator of South Africa has invited written submissions by 10 October 2025 on newly proposed regulations under the Protection of Personal Information Act 4 of 2013 (POPIA). These draft regulations aim to enhance transparency and accountability in how organisations handle personal information relating to individuals’ health status and sex life, categories recognised as […]

In South Africa’s corporate landscape, directors are entrusted with managing the day-to-day affairs of a company, while shareholders retain ownership through their shareholding. Although all shareholders theoretically enjoy equal rights, in practice, majority shareholders often wield far greater influence, particularly in decisions requiring a vote. This imbalance raises an important question: what remedies exist for […]

A New Era for Travel to South Africa South Africa has taken a decisive step towards modernising its immigration and tourism systems. On 11 October 2025, the Minister of Home Affairs, Dr. Leon Schreiber, officially launched the country’s new Electronic Travel Authorisation (ETA) system, a fully digital platform that will transform how short-term visitors apply […]

Purchasing residential property in South Africa involves more than just negotiating the price and signing the offer to purchase. One of the most strategic and often overlooked decisions is how to hold ownership of the property. Buyers frequently ask whether it is better to register the property in their personal name, through a company, or […]

Joint ventures (JVs) have become a defining feature of South Africa’s construction, mining, and infrastructure sectors. In an industry driven by complex regulations, high capital costs, and demanding project timelines, JVs allow contractors to combine financial capacity, expertise, and resources to deliver large-scale projects that would otherwise be unattainable. Yet while collaboration promises growth and […]

The digital age has revolutionised how individuals communicate, document, and express themselves. Social media platforms such as Facebook, X (formerly Twitter), Instagram, and WhatsApp are no longer mere tools for social connection, they now serve as potential sources of legal evidence. Screenshots of online activity are increasingly relied upon in South African litigation, spanning cases […]

The statutory foundation of director delinquency Section 162 of the Companies Act 71 of 2008 provides a potent statutory mechanism to safeguard corporate governance and ensure accountability. It empowers courts to declare a director delinquent where serious misconduct or dereliction of fiduciary duty has been proven. Once a breach meeting the statutory threshold is established, […]

On 8 September 2025, the Liquor Amendment Bill (B21-2025) was tabled in the National Assembly as a Private Member’s Bill by Ms Ntombovuyo Veronica Mente-Nkuna, representing the Economic Freedom Fighters (EFF). The Bill proposes sweeping reforms to the Liquor Act 59 of 2003, aiming to drastically limit the visibility and commercial promotion of alcohol products […]

In a groundbreaking decision delivered on 3 October 2025, the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour dismantled the long-standing framework governing parental leave. The Court held that several provisions of the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Unemployment Insurance Act 63 of 2001 […]

South African businesses registered for VAT are facing new compliance obligations from the South African Revenue Service (SARS). With the release of Binding General Ruling 16 (BGR16) Issue 3, effective for all financial years beginning on or after 1 January 2024, VAT vendors must prepare for stricter reporting standards and a new true-up adjustment requirement. […]

Have you ever signed up for a “marketing” or “business listing” service after a phone call or email, only to regret it a few days later? Many businesses fall into this trap. Fortunately, the Consumer Protection Act (CPA) gives you a clear way out through its cooling-off right. At Mayet & Associates Attorneys, we often […]

Looking for trusted correspondent attorneys in Bloemfontein for your Supreme Court of Appeal matters? Mayet & Associates Attorneys is your reliable partner for efficient and professional correspondent services. With the Supreme Court of Appeal (SCA) located in Bloemfontein, every appeal in South Africa (excluding constitutional matters) comes through this city. For law firms and clients […]

Introduction Whistleblowing remains a critical mechanism for promoting accountability and transparency in the workplace. South African courts, however, continue to emphasise that the protection offered under the Protected Disclosures Act is not absolute. The recent decision in Medici Energy v Bennet sheds light on the importance of motive, timing, and context when employees raise allegations […]

The case of Fraser Alexander v CCMA provides important guidance on the limits of legal representation in proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA). It reinforces that even small procedural missteps can render an arbitration award invalid. What Happened in the Fraser Alexander Case In this matter, the arbitrator permitted legal representation […]

The case of AIG South Africa Limited v Brian Molefe has clarified how South African courts approach arbitration clauses when issues of fairness and efficiency are at stake. While arbitration clauses are generally binding, this judgment demonstrates that courts will exercise their discretion to set aside arbitration agreements where strict enforcement would lead to injustice […]

When a marriage has reached a point of no return, South African law provides clear mechanisms for legally ending the union. The Divorce Act 70 of 1979 sets out the grounds for divorce in South Africa, and the court system plays a central role in ensuring the process is lawful, fair, and consistent. Unlike older […]

The Labour Court’s decision in Mediclinic Nelspruit (Pty) Ltd v Shiba and Others has placed workplace romances under the spotlight. The judgment serves as a cautionary tale for employers about the reputational, legal, and operational risks that can arise when personal relationships break down inside the workplace. Background: HR Professional Crosses the Line Charles Thamsanqa […]

In South African labour law, disputes over pay disparities often lead to claims of unfair discrimination. A recent case, AMCU obo Members v Aberdare Cables, illustrates how courts evaluate these claims, particularly when differences in wages are tied to collective agreements and not to protected grounds. The Dispute: New Hires on Lower Wages Following a […]

In South African trust law, mandates are an essential mechanism that allow individuals, companies, or trusts to appoint an agent to act on their behalf. These instructions (commonly given to attorneys, financial advisors, or service providers) are particularly valuable when it is inconvenient or impractical for trustees or beneficiaries to act directly. For example, appointing […]

Temporary Employment Services (TES), more commonly known as labour broking, remain one of the most contested areas of South African labour law. These arrangements provide employers with staffing flexibility but raise serious questions about workers’ rights, employer accountability, and compliance with the Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA). At the […]

On 17 September 2025, the High Court granted the South African Reserve Bank (SARB) and Deputy Governor Nomfundo Tshazibana permission to take their dispute with Standard Bank directly to the Supreme Court of Appeal (SCA). This follows the High Court’s earlier judgment in Standard Bank v South African Reserve Bank, which sparked significant debate over […]

The Supreme Court of Appeal (SCA) has once again clarified the requirements for proving a customary marriage in South Africa. In Tshivhase v Tshivhase N O and Another, the court stressed that an identity document cannot on its own validate a customary marriage. Instead, parties must produce proper evidence showing that the marriage was negotiated, […]

The South African Revenue Service (SARS) introduced Binding General Ruling 16 (BGR16) Issue 3 on 27 November 2023, replacing Issue 2. This updated ruling outlines the standard turnover-based (STB) method used by vendors to determine their annual VAT apportionment ratio. Issue 3 applies to all financial years beginning on or after 1 January 2024 and […]

When searching for reliable legal support in Bloemfontein, it is essential to partner with a law firm that values strong client relationships and delivers practical, tailored solutions. Mayet & Associates exemplifies this approach by combining deep legal expertise with a personal commitment to understanding each client’s unique circumstances. The Value of Professional Legal Representation in […]

The two-pot retirement system, introduced on 1 September 2024, is a landmark reform in South Africa’s pension landscape. Designed to give members earlier access to their retirement savings while preserving long-term security, the rules are intricate and often misunderstood. Many South Africans may only discover the real impact of these changes at retirement, which could […]

Introduction On 25 February 2025, the Gauteng Division of the High Court, Johannesburg, delivered a significant judgment in F v F (2024/114386) [2025] ZAGPJHC 174. The case concerned an application under section 28(1)(a) of the Children’s Act 38 of 2005 to terminate a father’s parental rights and responsibilities. The decision reaffirms the constitutional principle that […]

Winning on paper is only the start. Many judgment debtors go quiet the moment an order is granted: phones are off, addresses are “last known,” and polite reminders change nothing. Converting a judgment into delivery of a car, opening of premises, removal of equipment, or payment of money is a distinct discipline that blends procedure, […]

The Gauteng Division of the High Court (Johannesburg) delivered judgment on 12 June 2025 in Jacobs v Minister of Police & Others, a civil action arising from an evening roadblock positioned outside a private residence in Kempton Park. The plaintiff, Mr Shaun Jacobs, arrived home on 1 March 2019 to find Ekurhuleni Metropolitan Police Department […]

South Africa is on the brink of a major overhaul of its marriage and divorce framework. Justice Minister Mmamoloko Kubayi has tabled the General Laws Amendment Bill, 2025, which will significantly affect how property is divided when a marriage or partnership comes to an end, whether through divorce or death. While the Bill is framed […]

Overview On 11 September 2025, the Constitutional Court unanimously confirmed that section 26(1)(a)–(c) of the Births and Deaths Registration Act 51 of 1992 is unconstitutional because it differentiates irrationally and unfairly on the ground of gender. In plain terms: South Africa may no longer restrict post-marriage surname options to women only. Men, and spouses in […]

On 27 August 2025, the Equality Court (Western Cape Division, Cape Town) handed down a reportable judgment in South African Human Rights Commission and Another v Julius Sello Malema and Economic Freedom Fighters (Case Nos EC 16/2022 & EC 17/2022), holding that parts of a 16 October 2022 speech by Mr Malema amounted to hate […]

Litigants who have had their applications for leave to appeal dismissed by the Supreme Court of Appeal (SCA) are not without recourse. South African law provides a mechanism that allows such applicants to request that the matter be reconsidered, ensuring that procedural justice remains safeguarded. This article, prepared by Mayet & Associates, a leading Supreme […]

A common scenario is unfolding across South Africa: a business receives a slick sales pitch over the phone or via email, promising “enhanced online visibility” or “priority listings.” Tempted by the offer, the business signs up, only to discover soon after that the service is vague, invoices arrive almost immediately, and any request for clarity […]

In the recent Labour Court decision of Medici Energy (Pty) Ltd v Bennet NO and Others (LC) (unreported case no C89/2023, 21 May 2025, Leslie AJ), the court was asked to consider whether an employee’s dismissal for refusing to return to office was fair in circumstances where she had worked remotely for more than two […]

On 1 August 2025, the Constitutional Court delivered a landmark ruling that has reshaped the legal landscape around trustee decision-making in South Africa. The judgment brought long-awaited clarity following the controversial Supreme Court of Appeal (SCA) ruling in Shepstone and Wylie Attorneys v Abraham Johannes de Witt N.O. and Others 2023 (6) SA 419 (SCA), […]

The Information Regulator of South Africa has released a Guidance Note on direct marketing under the Protection of Personal Information Act, 2013 (POPIA). This document clarifies how businesses may lawfully process personal information for unsolicited marketing purposes, whether through traditional channels (such as post or hand-delivered flyers) or digital platforms (such as SMS, email, and […]

The Gauteng Division of the High Court has dismissed an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga NPC, who sought to halt the implementation of newly introduced sectoral numerical targets under the Employment Equity Act (EEA). Background Section 15A of the EEA, effective from 1 January 2025, empowers […]

On 29 August 2025, the Labour Court in Johannesburg delivered a judgment in JDG (Pty) Ltd t/a Hi-Fi Corporation v Shear & Others (JR1014/18), setting aside an arbitration award and upholding the dismissal of a senior sales manager who used company petty cash to purchase chocolates for personal consumption The Facts The employee, a branch […]

The Minister of Employment and Labour has officially issued a new Code of Good Practice: Dismissal, which was gazetted on 4 September 2025 (Government Gazette No. 53294). This Code replaces the earlier framework under Schedule 8 of the Labour Relations Act, 1995 and provides updated guidance on how dismissals must be handled in South Africa. […]

The Right to Request Reasons South African taxpayers often face uncertainty when dealing with assessments issued by the South African Revenue Service (SARS). Rule 6 of the rules made under section 103 of the Tax Administration Act 28 of 2011 gives taxpayers the right to request reasons for an assessment before filing an objection. This […]

In South Africa’s fast-paced business world, communication has shifted from boardrooms to smartphones. WhatsApp messages have become a powerful tool in resolving business disputes and, as a recent Western Cape High Court case shows, they can make or break a company when legal battles reach the courtroom. At Mayet & Associates, we understand how easily […]

Understanding the Role of Directors in South African Companies In South Africa, the Companies Act 71 of 2008 establishes the legal foundation for how companies are managed and controlled. At the heart of this framework are company directors, entrusted with guiding the business, making key decisions, and protecting the interests of the company and its […]

Your Trusted Legal Partner at the Supreme Court of Appeal The Supreme Court of Appeal (SCA) in Bloemfontein, South Africa, is the country’s highest court of appeal (second only to the Constitutional Court). It hears appeals from High Courts across the nation and is central to shaping South African law. Because the SCA is located […]

Legislative Background On 14 April 2023, President Cyril Ramaphosa signed into law the Employment Equity Amendment Act 4 of 2022. This statute amends the long-standing Employment Equity Act 55 of 1998 (EEA) and formally comes into effect on 1 January 2025. Shortly thereafter, on 15 April 2025, the Minister of Employment and Labour withdrew the […]

Background: Capitec Under Fire On 30 January 2018, Viceroy Research Partnership LLC (Viceroy) and its associates released a report entitled Capitec: A wolf in sheep’s clothing. The publication sent shockwaves through the South African financial sector, triggering an immediate collapse in Capitec Bank’s share value. At its lowest point that day, the share price had […]

On 28 August 2025, the Gauteng High Court handed down a judgment refusing an urgent application brought by the National Employers’ Association of South Africa (NEASA) and Sakeliga. The applicants had sought to halt the implementation of the sectoral numerical targets introduced by the Minister of Employment and Labour in terms of section 15A of […]

The Supreme Court of Appea (SCA) in Mashwayi Projects v Wescoal Mining confirms that post-commencement finance creditors have voting rights in South African business rescue. Introduction The SCA has handed down a groundbreaking decision in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd, reshaping the landscape of business rescue law in South Africa. At […]

In Manelis v Manelis, the SCA confirmed that commencement values in antenuptial contracts are binding unless challenged on recognised legal grounds. Introduction The Supreme Court of Appeal (SCA) has brought clarity to a long-standing debate in South African family law through its decision in Manelis v Manelis. The Court confirmed that when parties declare the […]

Social media influencers in South Africa face tax obligations. Learn how SARS taxes free products, endorsements, and influencer income. The Rise of Social Media Influencers Social media is everywhere. Since the launch of platforms like Facebook, Twitter, Instagram, and TikTok, online content has become central to how people connect and consume information. Today, nearly 80% […]

Looking for Supreme Court of Appeal correspondent attorneys in Bloemfontein? Mayet & Associates offers fast, reliable, and professional correspondent services near the SCA and Free State High Court. Supreme Court of Appeal Correspondent Attorneys in Bloemfontein When it comes to handling matters before the Supreme Court of Appeal (SCA) in Bloemfontein, having an experienced correspondent […]

Social media has become a powerful tool for sharing opinions, frustrations, and even business disputes. But in South Africa, posting on platforms like Facebook can have serious legal consequences. A recent decision of the Supreme Court of Appeal (SCA) has made it clear: freedom of expression is not unlimited, especially when it harms another person’s […]

The rapid growth of smartphones, laptops, and online platforms has not only transformed the way we live and work, but also the way crimes are committed. To address these realities, South Africa enacted the Cybercrimes Act 19 of 2020, which defines a wide range of technology-related offences. What many people don’t realise is that something […]

The Companies Act 71 of 2008 (“the Act”) introduces a modernised framework for director accountability in South Africa. One of its most significant features is the extent to which directors, including executive directors, can be held personally liable for their conduct while managing a company. This article highlights the key principles and provisions relevant to […]

Renting out a spare room, holiday home, or apartment through Airbnb can be a great way to generate extra income. But before you start welcoming guests, it’s important to understand the tax implications, zoning rules, and legal responsibilities that apply. 1. Airbnb Income Is Taxable The South African Revenue Service (SARS) treats Airbnb earnings as […]

Running a company in South Africa comes with big responsibilities, especially for directors. Many business owners and executives often ask: when can a director be held personally liable for company conduct under the Companies Act 71 of 2008? The Act sets clear expectations for directors and outlines circumstances where they can be held personally accountable. […]

Cryptocurrency is changing the way businesses think about payments. But in South Africa, crypto sits in a grey legal space. It’s not recognised as legal tender, nor is it part of the National Payment System (NPS) regulated by the South African Reserve Bank (SARB). So, can your business accept crypto like Bitcoin or Ethereum as […]

If you’re running a company in South Africa, you might be asking: do shareholders need to give reasons before removing a director from the board? A recent High Court case, Weir v Wiehahn Formwork Solutions (Pty) Ltd, has given a clear answer. The Short Answer ✅ Shareholders can remove a director without providing reasons.🚫 Directors […]

Buying or selling property is one of the most important financial transactions you will ever undertake. In South Africa, the process is highly regulated and requires the assistance of an attorney who is admitted as a conveyancer. At Mayet & Associates Attorneys, we guide our clients in Bloemfontein through every stage of the transfer process […]

Trusted Legal Services in the Heart of the Free State At Mayet & Associates Inc., we pride ourselves on being one of the most professional and client-focused law firms in Bloemfontein. Our attorneys provide practical, results-driven solutions to individuals, families, and businesses throughout the Free State and across South Africa. Whether you require assistance with […]

On 1 August 2025, the Minister of Forestry, Fisheries and the Environment released two draft notices for public consultation under the recently enacted Climate Change Act 22 of 2024. The first is the draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations (GNR 6476), accompanied by the draft Technical Guidelines (GNR 6477). Together, these […]

Recent headlines may give the impression that share swap deals are synonymous with corporate scandals in the retail and lifestyle sector. However, that is far from the full picture. When structured in accordance with the law, share-for-asset transactions can be powerful tools for business growth, succession planning, and liability management. In fact, South Africa’s tax […]

Over the past decade, regulatory authorities across the globe have placed increasing emphasis on transparency in order to combat financial crimes such as money laundering, corruption, and tax evasion. South Africa has followed this trend by introducing stricter compliance measures. One of the most significant developments has been the requirement that trusts upload their beneficial […]

On 20 May 2025, the Minister of Mineral and Petroleum Resources released the Draft Mineral Resources Development Amendment Bill for public comment, with submissions due by 13 August 2025. A further notice, the Correction of Draft Mineral Resources Development Bill, 2025, was published on 9 June 2025 to address certain proposals. The Bill is intended […]

The Supreme Court of Appeal (“SCA”) recently addressed a significant procurement issue in Aventino Ecotroopers Joint Venture and Others v MEC for the Department of Roads and Transport Gauteng Province and Others 2025 JDR 1403 (SCA). The case centred on a dispute between Aventino, an unincorporated joint venture, and the Gauteng Department of Roads and […]

Section 163 of the Companies Act 71 of 2008 provides directors and shareholders with a legal pathway to challenge conduct that unfairly disregards or prejudices their rights. Traditionally, this provision has been understood as a shield for minority shareholders, offering them recourse against abusive majority control. But the decision in Van der Watt v Schoeman […]

If you are considering naming a child who has emigrated as a beneficiary in your South African trust, recent tax law changes could significantly increase the cost of doing so. Previously, appointing a non-resident beneficiary had minimal impact on the trust’s tax position. Now, amendments to the Income Tax Act 58 of 1962, effective from […]

In South African law, a company or close corporation exists as a separate legal entity, distinct from its shareholders or members. This principle creates the protection of limited liability, meaning that members are generally not personally responsible for the debts and obligations of the entity solely because of their ownership interest. For close corporations, this […]

Disputes between directors are inevitable in any business. Different perspectives and strong opinions can lead to better decision-making, provided those differences are ultimately resolved. The danger arises when disagreements escalate to the point where the board cannot function and critical decisions are delayed or abandoned. This “deadlock” can seriously damage the company’s operations, profitability, and […]

In 2024, South Africa’s legal world watched something unusual unfold, a Judicial Conduct Tribunal where the evidence wasn’t just about words… it was about emojis. Yes, emojis. And not just any emojis, we’re talking 🍑, 🍆, 🍌, 👀, 💉, and more. The case of Judge President Mbenenge opened a conversation that extends far beyond the […]

As the globalisation of workforces accelerates, disputes involving employees stationed abroad but employed by South African entities have raised complex jurisdictional questions. Until recently, South African labour forums such as the Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining councils faced uncertainty over whether they could hear matters where employees live or work overseas […]

Proposed revisions to South Africa’s Consumer Protection Act (CPA) Regulations are poised to strengthen personal data privacy and tighten controls over unsolicited direct marketing. These changes, open for public comment until 15 January 2025, introduce an opt-out registry under the management of the National Consumer Commission, enabling consumers to block unwanted electronic marketing messages before […]

In January 2025, the Department of Employment and Labour released its Draft Code of Good Practice on Dismissal for public comment. This proposed framework aims to give employers and employees clearer direction on how dismissals should be handled, covering misconduct, incapacity, and for the first time dismissals arising from operational requirements. While the draft largely […]

In South Africa, trusts are widely used legal arrangements that can serve a range of personal, commercial, and philanthropic objectives. They are integral to strategies involving estate planning, asset protection, tax structuring, and succession management. Choosing the right type of trust requires an understanding of their distinct functions and benefits. A trust is a legal […]

When launching a business, there are generally four primary legal structures to choose from, a sole proprietorship, a partnership, a close corporation, or a private company (proprietary limited), subject to a few specific exceptions. Each option comes with its own set of advantages and disadvantages, but one of the most significant benefits of operating as […]

When establishing or exiting a private company in South Africa, shareholders often focus on profit forecasts and ownership percentages. However, one of the most critical and often overlooked considerations is the exit strategy. What happens if you want to sell your shares, or if another shareholder decides to sell? Two contractual tools, “come along” rights […]

A judgment of the High Court, delivered on 15 May 2025, addressed whether cryptocurrency qualifies as “foreign currency” or “capital” under South Africa’s Exchange Control Regulations, 1961. The decision has significant implications for financial institutions, corporate traders, and the Reserve Bank’s enforcement powers. Case Background The dispute arose from events involving Leo Cash and Carry […]

On 1 August 2025, the Constitutional Court delivered a landmark judgment that decisively clarified how decisions may be taken in the administration of a trust. The ruling addressed a legal uncertainty that had lingered since a controversial Supreme Court of Appeal (SCA) judgment in Shepstone and Wylie Attorneys v Abraham Johannes de Witt N.O. and […]

A well-drafted subcontracting agreement is the foundation for successful collaboration between a main contractor and a subcontractor. In South Africa, these agreements must balance clear definitions of the parties’ obligations with compliance to statutory and regulatory requirements. Getting the essentials right reduces the likelihood of disputes, ensures timely delivery, and maintains financial stability in projects […]

The 2024 amendments to section 17(2)(f) of the Superior Courts Act 10 of 2013 have prompted an important question: can litigants still rely on this provision to seek reconsideration of a refused petition for leave to appeal? Understanding the Original Framework Under the previous wording of section 17(2)(f), a litigant whose petition to the Supreme […]

In today’s competitive business environment, safeguarding investor interests whether for individuals or corporate entities is critical. A robust corporate governance framework underpins trust, transparency, and sustainable growth. Such a framework sets out the rights, duties, and interactions of key stakeholders, guiding decision-making and ensuring that businesses operate in line with agreed standards and legal obligations. […]