Commercial law

What challenges have arisen after the General Laws Amendment Act enactment?

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (General Laws Amendment Act) was fast tracked through Parliament and has the effect of amending five […]

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Ubuntu and commercial contracts

Ndebele and Another v Industrial Development Corporation of South Africa and Others (GJ) (unreported case no 21687/2021, 25-7-2023) (Strydom J) It is trite that the old Latin phrase – pacta […]

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Rescuing the director – can the business judgment rule be at your rescue?

By Karabo Sekailwe Orekeng The business judgment rule (the rule) is a defence mechanism found in s 76 of the Companies Act 71 of 2008 (the Act). The rule can […]

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A purposive interpretative approach to the calculation of mineral royalties

Commissioner, South African Revenue Service v United Manganese of Kalahari (Pty) Ltd 2020 (4) SA 428 (SCA) In United Manganese of Kalahari (Pty) Ltd, the taxpayer, United Manganese of Kalahari […]

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Do trust account advocates need a mind shift to deal with FICA?

Generally, legal practitioners operate within a given set of specified rules and procedures. With these, come certainty. Thus, the preference for legislation to be captured in writing, as well as […]

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The ranking of the business rescue practitioner’s claim in liquidation proceedings

Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC) It is now trite in South African law that an interpretive procedure includes considering […]

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Anti-money laundering: National Treasury’s proposal to establish and lead an inter-departmental committee

By Nkateko Nkhwashu The Financial Action Task Force (FATF) is an inter-governmental body that sets policies to counter money laundering and terrorist financing. It implores its member countries to strive […]

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Appraisal rights of minority shareholders in a holding company, in relation to the subsidiary of the holding company

Cilliers v LA Concorde Holdings Limited and Others (WCC) (unreported case no 23029/2016, 14-6-2018) (Papier J) By Marvin Petersen In the recent judgment of Cilliers v LA Concorde Holdings Limited […]

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Share buy-backs and waiver of mandatory offers in terms of the Companies Act

By Basil Kgaugelo Mashabane The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 […]

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The risky business of a business rescue practitioner

By Rico van der Merwe and Melandie Buitendag The concept of business rescue was introduced into South African corporate law through the enactment of ch 6 of the Companies Act […]

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