South Africa: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

TMT AI Series | Part 2 | The Issue With Outputs: Who Really Owns What The Tool Creates?

Artificial intelligence has already proven its ability to generate value at speed, producing everything from software code and product prototypes to business strategies and creative designs.

South Africa Technology

E

ENS

The Importance Of DFI Funding To Support Sustainable Agriculture: A Banking Perspective

Projects in Africa (notably in the Agri-space) struggle to reach financial close and scale not because of a lack of demand or technical promise...

South Africa Finance

E

ENS

What Is A Shareholders' Agreement In South Africa?

When a company has more than one shareholder, a shareholders' agreement is one of the most important documents it can have.

South Africa Commercial

BI

Barnard Inc.

What Is A Buy-And-Sell Agreement In South Africa?

A buy-and-sell agreement is a legally binding contract that protects both a business and its co-owners when one of the owners dies, becomes disabled, retired or wishes to exit the company.

South Africa Commercial

BI

Barnard Inc.

Regulatory Friction On The JSE: Questioning The Veto On SENS Disclosures

South Africa Commercial

Ai

Andersen in South Africa

Commixio In Business Rescue In South Africa: When Mixing Turns Ownership Into A Crowd

South Africa Commercial

BI

Barnard Inc.

The Compliance Equation: Risk, Regulation, And Reputation In South Africa

South Africa Commercial

BI

Barnard Inc.

The SCA Confirms Expired Contracts Are Unenforceable When A Suspensive Condition Fails

South Africa Commercial

Ai

Andersen in South Africa

Supply Chain Disruptions: Tailoring The Force Majeure Clause To Agricultural Realities

South Africa Commercial

WW

Webber Wentzel

Supply Chain Disruptions: Legal Strategies For Managing Risks In Agribusiness

South Africa Commercial

WW

Webber Wentzel

Understanding Beneficial Ownership Filing In South Africa

South Africa Commercial

BI

Barnard Inc.

East Africa Trends (Video)

South Africa Commercial

E

ENS

WhatsApp In Court: When Your Chats Become Your Best (Or Worst) Evidence

South Africa Litigation

FW

Fairbridges Wertheim Becker

Clawed Back: What The Sundowns vs Mosimane Case Means For IP Contracts

South Africa IP

E

ENS

When Luxury Meets Legacy: The Prada-Kolhapuri Dispute And The Limits Of GIs, Trade Marks And Cultural IP

South Africa IP

E

ENS

South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

South Africa Employment

F

Fasken

Understanding Beneficial Ownership Filing In South Africa

South Africa Commercial

BI

Barnard Inc.

October 2025 | Cancer & Cybersecurity Awareness Month

South Africa Technology

SG

SNG Grant Thornton

Should I Buy My Residential Property In My Own Name, In A Company, Or In A Trust?

South Africa Tax

BI

Barnard Inc.

The Costliest Saving In The Boardroom: Why Replacing Your General Counsel Is A Governance Risk

A UK colleague, Jayne McGlynn (Strategic Corporate Partner, M&A at DWF), recently described a "quiet crisis": experienced GCs being "restructured" out and replaced by contract lawyers...

South Africa Commercial

Beach Weather | Legal Marketing

Franchise Disputes And Section 18: When 'Interim' Orders Have Final Effect

The Western Cape High Court's decision in Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees 2024 (4) SA 141 (WCC) marked a significant development in the evolving interpretation...

South Africa Commercial

Beach Weather | Legal Marketing

We Cancelled Within 5 Days – So Why Are We Still Being Billed?

How South Africa's cooling-off right protects businesses from hard-sell "listings" and similar direct-marketing deals.

South Africa Commercial

BI

Barnard Inc.

You Won Your Case. Now What?

The day you win is rarely the day anything moves. A judge signs an order; your inbox fills with congratulations; and the person who lost simply… goes quiet

South Africa Commercial

BI

Barnard Inc.

Close Corporations: The "Old" Structure That Still Works

South Africa Commercial

BI

Barnard Inc.

Settlement Secrets For CEO's

South Africa Litigation

BI

Barnard Inc.

The High-Stakes Divorce Playbook For Entrepreneurs

South Africa Family

BI

Barnard Inc.

A Legal Perspective On Player-Club Disputes: Lucas Ribeiro Vs Mamelodi Sundowns FC

South Africa Commercial

FW

Fairbridges Wertheim Becker

Sun International And Peermont: Behind The Failed Transaction

South Africa Anti-trust

E

ENS

Banking On Innovation: Establishing And Registering A Bank In South Africa

South Africa Finance

E

ENS

Are Your Directors Overstepping?

South Africa Commercial

BI

Barnard Inc.

Tax-Deferred Growth Through Corporate Rollovers

South Africa Commercial

BI

Barnard Inc.

The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

South Africa Commercial

BI

Barnard Inc.

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

South Africa Commercial

BI

Barnard Inc.

Are Your Directors Overstepping?

The finance team has spent weeks refining next year's budget. At 10pm on a Thursday the non-executive chair e-mails it back – fifty edits, deep into operational detail.

South Africa Commercial

BI

Barnard Inc.

Tax-Deferred Growth Through Corporate Rollovers

This article forms part of a series of articles exploring the corporate reorganisation rules under the South African Income Tax Act 58 of 1962 (the "ITA"). Each entry in this series will discuss...

South Africa Commercial

BI

Barnard Inc.

The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

Section 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...

South Africa Commercial

BI

Barnard Inc.

Section 44 Of The Income Tax Act And The Art Of Tax-Efficient Amalgamations And Mergers

Section 44 of the Income Tax Act 58 of 1962(the "ITA") provides targeted tax relief for companies undergoing a genuine consolidation through an amalgamation, merger, or conversion.

South Africa Commercial

BI

Barnard Inc.

Section 47 Of The Income Tax Act: Tax-Efficient Shareholder Distributions On Liquidation

South Africa Commercial

BI

Barnard Inc.

Locking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over Suretyships

Credit heads and in-house counsel often default to "surety/guarantee" language in facility letters, assuming the two offer equal comfort.

South Africa Commercial

BI

Barnard Inc.

The Price Of Misrepresentation: Warranties And The Cost Of Error

The matter arose from a contractual dispute between a motor vehicle dealership (the Plaintiff) and a retired police officer (the Defendant).

South Africa Litigation

AA

Adams & Adams

Securing Intellectual Property Ownership In Outsourced Product Development

Innovation often relies on collaborations between operational companies and outsourced development specialists.

South Africa IP

BI

Barnard Inc.

An Overview Of ESG Fraud Risks In The African Mining Sector

Environmental, Social and Governance ("ESG") considerations have assumed a central role within the global mining sector, and nowhere is the emphasis on credible ESG reporting...

South Africa Energy

E

ENS

Using Section 65 Financial Enquiries To Recover Debt

South Africa Commercial

BI

Barnard Inc.

Structuring Transactions: A Void Credit Agreement Or Avoid A Credit Agreement?

South Africa Commercial

BI

Barnard Inc.

Mining For Opportunity: Critical Minerals And Africa's M&A Boom

South Africa Commercial

Ai

Andersen in South Africa

Context And The ConCourt

South Africa Commercial

E

ENS

Knowledge Is Power – Start With Due Diligence

South Africa Commercial

BI

Barnard Inc.

Seal The Deal: Five Legal Safety Nets That Keep South African Sellers Paid

South Africa Commercial

BI

Barnard Inc.

Why South African Entrepreneurs Should Consider Setting Up Offshore To Attract Foreign Investment

South Africa Government

TS

The Sovereign Group

Commercial Courts And Alternative Dispute Resolution In South Africa: A Possible Path To Faster Dispute Resolution

South Africa Litigation

E

ENS

Confidentiality And The Importance Of Non-Disclosure Agreements (NDAs)

South Africa Commercial

E

ENS

Can An Appeal Court Grant A Final Winding-Up Order If A Provisional One Already Exists?

South Africa Commercial

BI

Barnard Inc.

Dead Deals Don't Walk: Why You Can't Simply 'Revive' A Lapsed Agreement

South Africa Commercial

FW

Fairbridges Wertheim Becker

When Contracts Hide A Third Party: Understanding The Undisclosed Principal Rule

South Africa Commercial

FW

Fairbridges Wertheim Becker

SCA Ruling: Ownership Requires Proof, Not Just Assertion

South Africa Litigation

E

ENS

High Court Ruling Clarifies When Post-Liquidation Payments Can Be Voided Under Section 341(2)

South Africa Commercial

BI

Barnard Inc.

Have You Tried Using A Contingent Value Right?

South Africa Commercial

WW

Webber Wentzel

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Latest Videos

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Continuing Conversations At Horizon 2.0

SB

Stren & Blan Partners

Investing In The African Market: Opportunities Under The AfCFTA (Video)

OA

Olisa Agbakoba Legal (OAL)

Podcast | OFM Business Hour | Not All Contracts Are Service Level Agreements (Video)

E

ENS

Let's Talk E38: Sale Of Business Agreements (Video)

SI

SchoemanLaw Inc.

Business Beware: Negotiations Reduced To Electronic Communications Can Constitute Binding Agreements (Video Content)

PP

Phukubje Pierce Masithela Attorneys

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