South Africa: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

Third-party Payment Providers At A Regulatory Crossroads

South Africa's proposed payment-system reforms signal a fundamental shift for third-party payment providers, moving from a sponsor-based model to direct regulatory oversight by the South African Reserve Bank.

South Africa Finance

E

ENS

Why Traditional SaaS Agreement’s Do Not Cater For Key AI Risks

As organisations rapidly adopt AI capabilities through familiar SaaS delivery models, a critical misalignment has emerged between traditional software contracts and the novel risks introduced by AI systems.

South Africa Media & IT

E

ENS

ENSign: Who Owns African Prints? Heritage, Identity And IP (Video)

ENSafrica provides important legal disclaimers regarding the use and reproduction of information presented in their content. The firm clarifies the limitations of liability and emphasizes...

South Africa Commercial

E

ENS

Landmark Ruling For Private Bodies Under PAIA: Information Regulator's Enforcement Notice Against Mining House

South Africa's Information Regulator has issued a landmark enforcement notice against mining company Sibanye-Stillwater, directing disclosure of Social and Labour Plan compliance reports under the Promotion of Access to Information Act.

South Africa Commercial

E

ENS

ENS Webinar | FONTS | Creative Asset Or IP Risk? (Video)

South Africa Commercial

E

ENS

AI Tokens: The Hidden Commercial Risk In Enterprise AI Deals

South Africa Technology

E

ENS

The IT Questions M&A Teams Need To Ask Earlier (Part 2)

South Africa Commercial

E

ENS

The IT Questions M&A Teams Need To Ask Earlier

South Africa Commercial

E

ENS

Click Wars: How South African Courts Have Weighed In On Google Ads And Trade Mark Battles

South Africa IP

AA

Adams & Adams

Is “Pattie Gonia” Parody… Or A Brand Too Far?

South Africa IP

FW

Fairbridges

JSE Publishes Consequential Amendments To Listings Requirements Following Companies Amendment Act, 2024

South Africa Commercial

E

ENS

Proof That Even IP Lawyers Need IP Lawyers

South Africa IP

AA

Adams & Adams

Structuring Bankable IPP And Infrastructure Projects In The DRC

South Africa Energy

IG

IR Global

Springboarding A Business: Unlawful Competition, Not Entrepreneurship

South Africa Commercial

E

ENS

Information Regulator’s First Enforcement Notice For 2026

South Africa Privacy

E

ENS

The IT Questions M&A Teams Need To Ask Earlier (Part 2)

South Africa Commercial

E

ENS

Fashion, Culture And Intellectual Property

South Africa IP

E

ENS

Third-party Payment Providers At A Regulatory Crossroads

South Africa Finance

E

ENS

AI Tokens: The Hidden Commercial Risk In Enterprise AI Deals

South Africa Technology

E

ENS

From Pledges To Bankable Projects. What International Investors Should Watch In South Africa

South Africa's latest investment announcements have put the country back into the conversation for international investors. With record commitments across energy, infrastructure, manufacturing...

South Africa Commercial

BI

Barnard Inc.

Can More Than One Company Be Liquidated In A Single Court Application?

South African courts may allow multiple companies to be liquidated in one application, but separate grounds and evidence must be established for each company.

South Africa Commercial

BI

Barnard Inc.

Personal Liability Of Business Rescue Practitioners In South Africa

Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.

South Africa Commercial

BI

Barnard Inc.

Applicability Of Mergers And Acquisitions In The Business Rescue Environment

Business rescue under South Africa's Companies Act provides financially distressed companies with restructuring opportunities through mergers and acquisitions. How can M&A transactions facilitate corporate rehabilitation while balancing creditor interests, employment preservation, and legal compliance requirements?

South Africa Commercial

BI

Barnard Inc.

The Role Of CIPC In Business Rescue Proceedings

South Africa Commercial

BI

Barnard Inc.

No Profit, No Loss? When Service Providers May Benefit From Invalid Government Contracts

South Africa Government

E

ENS

South Africa’s Rail Revolution: The Draft National Rail Master Plan

South Africa Commercial

E

ENS

When Tax Structuring Stops Being About Tax

South Africa Commercial

Ai

Andersen in South Africa

No Second Bite At Arbitration: The Force Of Public-Sector JBCC Substitutions

South Africa Litigation

AA

Adams & Adams

Payments During Business Rescue Can Still Be Clawed Back

South Africa Commercial

FW

Fairbridges

The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters

South Africa IP

BI

Barnard Inc.

Minority Rights: Not Just A Footnote In The Share Register

South Africa Commercial

BI

Barnard Inc.

Music Royalties In South Africa And Who Gets Paid Under Copyright Law

South Africa IP

Ai

Andersen in South Africa

Cosplay And Intellectual Property: Where Fandom Meets Legal Reality

South Africa IP

AA

Adams & Adams

The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters

The Devil Wears Prada is more than a cultural phenomenon—it's a complex intellectual property ecosystem involving multiple rights holders, from the original author to the luxury brand itself. This analysis examines how copyright, trademark, and personality rights intersect to create a legally sustainable framework that enables both creative freedom and commercial exploitation in the entertainment industry.

South Africa IP

BI

Barnard Inc.

Minority Rights: Not Just A Footnote In The Share Register

Minority shareholders in South African companies face inherent vulnerabilities due to their limited voting power, yet the Companies Act, Memorandum of Incorporation...

South Africa Commercial

BI

Barnard Inc.

Music Royalties In South Africa And Who Gets Paid Under Copyright Law

When a song generates millions of streams across digital platforms, a simple question follows: who actually earns the royalties, and how much do they receive?

South Africa IP

Ai

Andersen in South Africa

Cosplay And Intellectual Property: Where Fandom Meets Legal Reality

Comic Con has once again returned to South Africa. These pop culture conventions have evolved into global platforms for expression, commerce, and fan engagement, bringing together costume design, performance...

South Africa IP

AA

Adams & Adams

When A Clever Brand Name Becomes An Expensive Problem

South Africa IP

BI

Barnard Inc.

When “Getting Paid” Comes Back To Bite

There is a certain relief in reaching a settlement. The dispute is resolved, terms are agreed and payment is on the horizon.

South Africa Insolvency

FW

Fairbridges

Cross Border Deals In South Africa: Opportunities And Key Considerations

Much of this growth is driven by a shift in strategy: international companies, particularly in the manufacturing sector, are seeking to acquire local businesses to manage costs, hedge against global volatility...

South Africa Commercial

SG

SNG Grant Thornton

News Platform Takedowns vs. Formal Legal Proceedings: A Practical Guide For Rights Holders In The Digital Age

Digital platforms have transformed how intellectual property rights are enforced online, but when should rights holders rely on internal takedown systems versus formal court proceedings?

South Africa IP

BI

Barnard Inc.

When A Debtor Dies, Can You Still Recover The Debt?

The death of an entrepreneur can turn an already difficult recovery matter into something far more complicated. On paper, a lender or development fund may still have clear rights.

South Africa Insolvency

FW

Fairbridges

Protecting Plant Varieties In South Africa

South Africa IP

AA

Adams & Adams

Pausing An Execution To Protect Your Business Operations

South Africa Commercial

BI

Barnard Inc.

Business Rescue vs Liquidation

South Africa Commercial

FW

Fairbridges

When A Close Corporation Is Wound Up, Are Members Automatically Liable For The Costs?

South Africa Commercial

BI

Barnard Inc.

Fraudulent Electrical Certificates Of Compliance In Property Transactions: Legal Consequences For Sellers, Purchasers And Contractors

South Africa Real Estate

BI

Barnard Inc.

Mergers Under The Microscope: Where Public Interest Meets Market Power

South Africa Commercial

BI

Barnard Inc.

Back To Basics: Getting The Contract Structure Right For IT Transactions

South Africa Government

E

ENS

JIBAR Reform: A Final Call To Action For Financial Institutions And Corporations

South Africa Tax

SG

SNG Grant Thornton

Can A Suspended Attorney Who Is A Director Of An Incorporated Company Represent The Company As A Legal Practitioner In Proceedings Before Court?

South Africa Litigation

E

ENS

Women In Business 2026

South Africa Commercial

SG

SNG Grant Thornton

Rebooting The Relationship: Rebuilding Trust In IT Projects

South Africa Media & IT

E

ENS

King V: The Plot Twist Your Board Didn't See Coming

South Africa Commercial

BI

Barnard Inc.

When "Served" Isn't Served

South Africa Litigation

FW

Fairbridges

Minister Of Trade, Industry And Competition Issues Proposed Amendments To The Broad-based Black Economic Empowerment Codes

South Africa Commercial

E

ENS

Clause For Concern: Understanding The Risks In Legal Agreements

South Africa Commercial

BI

Barnard Inc.

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Business Beware: Negotiations Reduced To Electronic Communications Can Constitute Binding Agreements (Video Content)

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Phukubje Pierce Masithela Attorneys

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