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 [...]

Design, another form of Intellectual Property

In terms of the South African Designs Act, 1993 ("the Designs Act") there are two types of designs which may be registered for protection. Namely, aesthetical designs and functional designs. An aesthetic design relates purely to the appearance of the article such as the features of a pattern, shape, configuration or ornamentation of a design [...]

Reporting Corruption in the work place:When to Blow the Whistle?

Acts of fraud and corruption amongst executive management are two of the main downfalls that can bring a company to its knees. The question that arises is what transpires when an employee reports such acts. Whistle blowing is common knowledge in the business environment. However it can be argued that employees may not be fully [...]

The Year Ahead of Us

In the last week of each year Van Der Merwe Attorneys finds it imperative to hold individual staff meetings to grasp the experiences of the year that has just passed and to plan for the year to come both individually and as a group. At close of office we had the following matters to consider: [...]

To Trust or not to Trust? That is the Question!

One of the most important goals of conducting a business is safeguarding your assets and investments from creditors and other risks. Business owners and prospective investors need to make informed decisions when finally deciding on the vehicle of their new entity or for the investment of their assets. The question that most frequently arises is what [...]

Alternative Dispute Resolution in terms of Section 166 and 167 of the Companies Act, 2008

As an alternative to instituting action in a court of law, a person who would be entitled to apply for relief or file a complaint in terms of the Companies Act 71, of 2008 (“the Companies Act”), may refer a matter that could be the subject of such an application or complaint for resolution by [...]

A look back at 2013 !!

  It feels awkward an insignificant to write this article about ourselves during the same time as we are mourning about Madiba’s passing. I would like to start off by saying that Van Der Merwe Attorneys could not be more grateful and appreciative for our clients’ support and trust throughout this past year. 2013 has [...]

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