South Africa: Contracts and Commercial Law

When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.

Following the US government's temporary export controls on Anthropic's AI models in 2026, organisations face critical questions about legal risk and corporate governance when deploying artificial intelligence systems. This analysis examines how existing South African legislation and the King V governance framework create obligations for responsible AI procurement and deployment, even without AI-specific laws.

On 26 June 2026, the Competition Commission published draft Terms of Reference for a proposed market inquiry into South Africa’s franchising sector.

When searching for Adams & Adams, another IP firm appeared in the sponsored Google results. That, in itself, is not unusual. As the largest IP firm in our market, competitors will sometimes bid on our name as a keyword.

The Democratic Republic of Congo continues to attract growing interest from sponsors, lenders and development finance institutions in the energy and infrastructure sectors.

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.

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...