South Africa: Contracts and Commercial Law

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

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?

Business rescue proceedings in South Africa are regulated by Chapter 6 of the Companies Act 71 of 2008, which aims to facilitate the rehabilitation of financially distressed companies.

One of the first decisions any founder makes is what to call their business. The name may start as a practical step in getting the company registered, but over time it can become something much more valuable.

At the centre of the issue appears to be a commercial dispute with Woolworths, reportedly involving exclusivity arrangements and supply dynamics.

Commercial agreements often include supporting obligations intended to improve a creditor’s prospects of recovery if the principal debtor defaults. These may be described as guarantees, suretyships, undertakings...

Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served...

The Minister of Trade, Industry and Competition ("The Minister") issued draft proposed amendments to the Broad-based Black Economic Empowerment Codes ("B-BBEE Codes") on Friday 30 January 2026.

Contracts are a key part of almost every deal – whether you're renting an townhouse or forming a joint venture between large companies.