When Directors Clash: The “Just and Equitable” Liquidation Route

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 […]

Labour Court Clarifies Jurisdiction in Cross-Border Employment Disputes

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 CPA Amendments to Regulate Direct Marketing and Strengthen Consumer Privacy in South Africa

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 […]

A Comprehensive Guide to Trust Types and Their Uses in South Africa

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 […]

The Corporate Veil in Business: Legal Protection and Grounds for Personal Liability

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 […]

Come Along and Tag Along Rights: Why They Matter in South African Private Companies

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 […]

High Court Rules Cryptocurrency Falls Outside Exchange Control Definitions of ‘Foreign Currency’ and ‘Capital’

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 […]

Constitutional Court Confirms: Majority of Trustees Can Bind a Trust

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 […]