Alternate Directors in South African Company Law

The Companies Act 71 of 2008 permits the appointment of alternate directors where a company’s memorandum of incorporation (MOI) allows for such appointments. An alternate director effectively fills the role of a board member when the appointed director is unable to attend meetings or perform their functions, ensuring that the board can continue to operate […]

Recent Supreme Court of Appeal Judgments Clarify Directors’ Liability in South African Company Law

Two recent decisions of the Supreme Court of Appeal (SCA) have provided important clarification on issues relating to the liability of directors and officers. The judgments address two areas that have generated ongoing legal uncertainty: the application of prescription to claims involving reckless or fraudulent trading, and the interpretation of directors’ fiduciary obligations when exercising […]

Estate Planning and Tax Considerations in South Africa: Key Principles to Understand

Effective estate planning in South Africa requires a clear understanding of the tax framework that applies to wealth, investments and asset transfers. A number of taxes may become relevant during a person’s lifetime and upon death, including estate duty, capital gains tax and donations tax. Understanding how these taxes operate can help individuals structure their […]

Can an Executor Misappropriate Funds from a Deceased Estate?

When immovable property belonging to a deceased estate is sold and transferred to a purchaser, the proceeds from that sale are usually paid into the bank account opened in the name of the late estate. This often raises a concern among heirs and family members who may not be directly involved in the administration process. […]

The Legal Architecture Behind a Successful Business

Most entrepreneurs devote their energy to increasing revenue, refining operations and expanding their market presence. The legal structure that supports the enterprise often receives far less attention. Yet the framework through which a business operates plays a crucial role in determining how well it can grow, attract investment and manage risk. Structural problems within a […]

Sibling Maintenance Claims in South Africa

Recent media coverage has sparked widespread interest by suggesting that siblings in South Africa may be legally required to support one another financially. Headlines implying that “sibling maintenance claims are allowed” have generated considerable discussion. However, the true legal position is more complex than these simplified reports might suggest. South African family law does recognise […]

Property Ownership Structures in South Africa: Choosing the Right Legal Vehicle

In the modern South African property market, investors and homeowners are increasingly recognising that the legal structure through which property is held can be just as important as the property itself. The choice of ownership structure can have significant implications for taxation, risk management, estate planning and long-term investment strategy. As property portfolios expand and […]

Usufructs and Property Rights in South Africa: What Happens When the Usufructuary Dies?

Usufructs are a familiar feature in South African property law and are commonly used as part of estate planning arrangements. Property owners often rely on this mechanism when they want to allow another person, frequently a surviving spouse, partner, or close relative, to continue occupying or benefiting from a property without transferring ownership to them. […]

New POPIA Regulations on Health Information

South Africa’s Information Regulator has issued the final Regulations relating to the Processing of Data Subjects’ Health Information by Certain Responsible Parties under the Protection of Personal Information Act, 2013 (POPIA). The Regulations follow the earlier draft version that was released for public comment in September 2025. A review of the final instrument indicates that […]