Publications

Discussion with the UK Minister of Justice

I was fortunate to be invited to a UK and South African legal services networking event hosted by the  Honourable Minister Shailesh Vara MP, the UK Parliamentary Vice Secretary of State for Justice and UK Trade and [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]