Reconceptualising Termination Without Cause: A Contractual Tool Within the Bounds of South African Law
Termination clauses that permit exit from contractual obligations without establishing fault, commonly referred to as no-fault termination clauses, are increasingly prevalent in contemporary commercial agreements. While such provisions may appear counterintuitive to traditional notions of contractual accountability, they serve a functional role in contexts where flexibility, commercial agility, and evolving operational demands necessitate mechanisms for […]
South Africa Edges Closer to Grey List Removal
South Africa has reached a significant milestone in its efforts to restore international financial credibility. The National Treasury has confirmed that the country has successfully implemented all 22 recommended actions outlined in the Financial Action Task Force’s (FATF) 2023 Action Plan, a pivotal development in its journey to be removed from the FATF grey list. […]
Revisiting the Recent Amendments to South African Company Law: Key Legislative Developments in the Companies Act
The statutory framework governing corporate activity in South Africa has undergone significant reform with the promulgation of the Companies Amendment Act and the Companies Second Amendment Act. These legislative instruments introduced several substantive changes to the Companies Act 71 of 2008 (“the Companies Act”), reflecting a broader effort to modernise corporate governance, clarify procedural mechanisms, […]
Developer Liability for Latent Defects: Reaffirming Limits on Exemption Clauses in Knoetze v JRB Trust
In a significant decision concerning seller liability and the limits of contractual exemption clauses, the High Court was tasked with determining whether a property developer could avoid liability for a concealed construction defect that resulted in the destruction of a residential unit by fire. The matter arose from an action instituted by the plaintiff, Mr. […]
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 […]
Can You Be Fired for Using Your Phone at Work? A Legal Perspective from Labour Lawyers in Bloemfontein
As mobile phones become an integral part of daily life, South African employers have increasingly adopted workplace policies that regulate when and how employees may use them. These rules are often introduced in environments where health and safety are at stake, particularly in sectors involving machinery or hazardous operations. If you’ve been dismissed or face […]
What Happens When You Die Without a Will in South Africa? A Guide to Intestate Succession
When a person passes away without leaving a valid will, South African law dictates how their assets will be distributed. This process is known as intestate succession. For individuals and families in the Free State, understanding this legal framework is critical, especially if you haven’t formalised your wishes with a will. At Mayet & Associates, […]