Articles Published - Corporate and Commercial Law Archives

Blog | Arbitration vs mediation: Clarifying the distinction

Disputes are frequent and inevitable in both personal and business endeavours. In light of increasing court backlogs and the undesirability of protracted litigation, alternative dispute resolution mechanisms, such as mediation and arbitration, have emerged as viable alternatives to traditional litigation.

Pulse | Enhancing corporate governance: New draft King V Code released for public comment

A streamlined version of King IV, the draft King V Code on Corporate Governance (‘King V’) was recently circulated by the Institute of Directors in South Africa (‘IoDSA’) for public consultation. Underpinned by the critical role corporate governance plays in

Pulse | Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Late last month, the Supreme Court of Appeal (‘the SCA’) settled a long-standing legal debate: Within the scope of business rescue proceedings, which is regulated under Chapter 6 of the Companies Act (‘the Act’), the term ‘creditor’ embraces both pre-commencement

Newsflash | Corporate law update: Amendments to the Companies Act are now operational

Published via presidential proclamation in the Government Gazette over the festive break, various provisions of the Companies Amendment Act, as well as the entire Companies Second Amendment Act, are now operational. These statutes, which were assented to in July 2024,

Pulse | Non-compliant entities beware: CIPC to deregister over 500 000 companies

In a recent media statement, the Companies and Intellectual Property Commission (‘CIPC’), a regulatory body responsible for the registration and regulation of companies, co-operatives, and intellectual property rights, confirmed that it intends to deregister more than 500 000 companies and

Pulse | Proposed amendments to JSE Listings Requirements on the cards

The JSE Limited (‘the JSE’), which advocates for enhanced corporate governance and an improvement in companies’ financial disclosure reporting mechanisms, recently published draft amendments to the JSE Listings Requirements (‘the Listings Requirements’). Pursuant to the promulgation of the Companies Amendment

Pulse | Transforming the legal industry: Government approves the B-BBEE Legal Sector Code

Last week, the Minister of Trade, Industry and Competition gazetted the Broad-based Black Economic Empowerment Legal Sector Code of Good Practice (‘the LSC’), effective 20th September 2024. Underpinned by the objectives of the Broad-based Black Economic Empowerment Act (‘the B-BBEE

STBB Newsflash | Insight From the PPRA’s Recent Webinar on Clarifying B-BBEEE Compliance

Last month, the Property Practitioners Regulatory Authority (‘the PPRA’) held a webinar on the current state of Broad-based Black Economic Empowerment (‘B-BBEE’) compliance within the property industry. During this virtual gathering, representatives from the PPRA asserted that the possession of

From the desk of Annetjie | On-Selling Of Water Use Rights Ruled Unlawful

The practice of re-selling water use rights in the agricultural sector has been declared unlawful by a full bench of the Gauteng High Court in a judgment handed down last month, 19 June 2020. The Court held that: (i) Section

Sale Of A Farm As A Going Concern

In order to avoid the cash flow implications of paying VAT, most farmers, when disposing of the whole or a portion of a farm, would do so by selling the farm or the specific portion as a going concern. The

Blog | Arbitration vs mediation: Clarifying the distinction

Pulse | Enhancing corporate governance: New draft King V Code released for public comment

Pulse | Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Newsflash | Corporate law update: Amendments to the Companies Act are now operational

Pulse | Non-compliant entities beware: CIPC to deregister over 500 000 companies

Pulse | Proposed amendments to JSE Listings Requirements on the cards

Pulse | Transforming the legal industry: Government approves the B-BBEE Legal Sector Code

STBB Newsflash | Insight From the PPRA’s Recent Webinar on Clarifying B-BBEEE Compliance

From the desk of Annetjie | On-Selling Of Water Use Rights Ruled Unlawful

Sale Of A Farm As A Going Concern

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