About pietervdm

This author has not yet filled in any details.
So far pietervdm has created 277 blog entries.

Information Sharing And Anti-Competitive Behaviour

Information sharing between competitors remains a murky area of competition law in South Africa.  It is not always clear when pro-competitive information exchange ends and collusive conduct begins. Let us consider the example below: Company X and Company Y, both domestically incorporated companies, are involved in the exportation of farming machinery.  Most of their business [...]

Void vs Voidable

  An agreement that is unenforceable from the moment it is created is void ab initio (or void from the outset). Examples would be that the contract did not possess any one of the essentialia of a valid contract as at the time of conclusion and therefore a contract could never have been created. The following are [...]

Combatting Money Laundering in South Africa

South Africa has frequent instances of internal fraud and corruption taking place amongst senior management or government officials, being reported daily by the media. Amongst these crimes is that of Money laundering, which poses as one of the major threats to society today. However there are a number of statutory laws in place aimed at [...]

A Founder’s relationship to the Beneficiaries of a Trust

The founder creates a trust relationship embodied in the trust document in terms of which he gives the trustees of the trust the power to exercise control over the trust assets in accordance with the terms and conditions of the trust deed for the benefit of the beneficiaries. A founder can be any of the [...]

The National Credit Amendment Bill: Putting Black Listing in Check

At the end of February this year the National Assembly unanimously adopted the National Credit Amendment Bill of 2013 (“the Bill”). The purpose of the Bill is to introduce or amend important changes in terms of the National Credit Act 34 of 2005 (“the Act”). Its objective is to ensure certainty and clarity where the [...]

Corporate Law in the wider sense

When corporations and companies are established, there is an interaction among stakeholders (consumers and the community) and shareholders (owners of stocks in corporations). These two parties make the existence of a corporation possible: the stakeholders providing the profit of a corporation, and the shareholders providing capital to corporations. Without one or the other, a corporation [...]

Market Manipulation in South Africa

The stock market plays a crucial role in the economy of a country and effects the growth of its commerce and industry. The industry, government and central banks will work together to keep an eye on the goings-on of the stock market. Investing on the stock market poses a greater risk than other investments. The [...]

The Basics of Competition Law in South Africa

  Companies are constantly competing with their rivals, as this is the norm among the market place. It is important for companies to maintain a healthy competitive environment in order to provide their consumers with the best quality products at affordable prices. Competition encourages companies to become more inventive and resourceful as they attempt to [...]

Suspensive Conditions and the Doctrine of Fictional Fulfilment

A suspensive condition is one of the most important clauses in any sale agreement. The reason for this is that fulfilment of a suspensive condition is essential for an agreement to come into full force and effect. Usually, the parties will be under an obligation to use commercially reasonable endeavours to ensure that the suspensive [...]

Dealmakers Gala Awards Event 2014

We were recently honoured to attend the prestigious annual Cell C DealMakers® awards gala dinner which was held at Monte Casino. The event annually attracts the “who’s who” of the legal, banking and accounting professions as well as prominent business people and this year was no exception. We were competing in the Legal Advisers category [...]

Load More Posts