Publications

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 [...]

Understanding the revised Broad-Based Black Economic Empowerment Codes on Large Enterprises in South Africa

Broad-Based Black Economic Empowerment (“B-BBEE”) is a South African government initiative and investment treaty, which echoes the national constitutional commitment to promote equality in order to address the historical imbalances of Apartheid. The B-BBEE structure [...]

VDMA’s contribution to the Thomson Reuters Agricultural Law Global Guide

We are pleased to share VDMA’s contribution to the Thomson Reuters Agricultural Law Global Guide entitled ‘Agricultural law in South Africa: overview’. Thomson Reuters is a major multinational mass media and information firm founded in [...]

Suretyship vs Guarantee

Suretyship and guarantees are important mechanisms in our economy. They act as a safety net for transactions both big and small. This begs the question: what is the difference between a guarantee and a suretyship? [...]

The implementation of schemes of arrangements, as fundamental transactions

A fundamental transaction is one which fundamentally alters a company. One such transaction is a scheme of arrangement in terms of section 114 of the Companies Act, No. 71 of 2008 (“the Act”). A scheme [...]

‘Fair value’ in light of the Delaware Decisions

Many developed countries (including Canada, New Zealand and all the states in the United States of America) have adopted the remedy of dissenting shareholders’ appraisal rights. The remedy is an innovation to the South African [...]