Publications

Protection of Employees during an Acquisition

The protection of employees and employees’ rights is a fundamental aspect of labour law in South Africa. South Africa, partly as a result of its history of past human rights abuses, is specifically aware of [...]

Delinquency of Directors

Directors of a company exercise a large amount of control over the company’s business affairs. The position of a director is legislatively controlled by the Companies Act No. 71 of 2008 (“Act”) and in particular, [...]

The Impact of the Companies Act on Close Corporations

A close corporation (“CC”) is a company with juristic personality where a select few individuals usually perform all of the functions of the corporation and allow it to operate in a similar vein to that [...]

Broad-Based Black Economic Empowerment

After the 1994 democratic elections the South African government was mandated with the task of redressing the inequalities of the past. With that in mind various legislative initiatives have been implemented in an attempt to [...]

Corporate Opportunities and a Directors Fiduciary Duty

It is a well-established rule of Company Law that directors have a fiduciary duty to exercise their powers in good faith and in the best interests of the Company.  They may not make a secret [...]

Public Benefit Organisations

A public benefit organisation (“PBO”) is an entity which is created to carry on some form of public benefit activity (“PBA”). Due to the fact that a PBO acts in the public interest, it enjoys [...]

The Do’s and Don’ts of Terminating a Contract

Every person, whether referring to an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of this article is to set out the [...]

Employment Contracts

South African labour and employment laws governing the terms and conditions of employment contracts are mainly set out in the Basic Conditions of Employment Act (“BCEA”). The BCEA applies to all employees who ordinarily work [...]

The Gareth Cliff Case

Most agreements do not have to be in writing to be legally binding (the exceptions to this rule being suretyships, contracts for the sale of immovable property and certain executory donations). It is trite in [...]

Deadlock Provisions: A brief look at the Texan Shoot-Out and the Dutch Auction clauses

When parties start a new venture they are filled with ambition and optimism. They make grand plans to expand and conquer the business world. However, before long they start making plans on how to escape [...]