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June 17, 2019

To Acknowledge, or Not to Acknowledge a Debt, that is the Question

Very simply, an acknowledgement of debt (“AOD”) is a written agreement between a debtor and a creditor in terms of which the debtor agrees that he […]
May 16, 2019

Changing Market Demands: How can Law Firms Adapt?

Most of us signed up to a career in law with the understanding that we were entering a very lucrative profession. For many of us, that […]
April 30, 2019

Lawyers: Artists or Service Providers?

Historically the legal profession was characterised by many of the same traits as the world of craftsmen or artists. Lawyers perceived their work much as artists […]
April 3, 2019

Financial Assistance to Subsidiaries: Restrictions Loosened in Proposed Amendment to Companies Act

On 21 September 2018, the Minister of Trade and Industry (“Minister”) published the Companies Amendment Bill 2018 (“Bill”)for public comment. The Bill includes a number of […]
February 28, 2019

The Inherent Conflict of Interest in Traditional Legal Practice

Law is about justice and fairness. It really is, I keep telling myself. For me, justice and fairness were the driving force behind years of work, […]
December 6, 2018

State Procurement: The Changing Face of Public Procurement in SA

Public procurement is, by definition, procurement for the public – typically to ensure service delivery – using public money. As our Constitutional Court noted in the […]
November 1, 2018

Due Diligence Investigations: Getting your business DD-Ready

As an entrepreneur, reaching the stage of seeking investment can be very exciting. You dream of all the ways in which your business can grow bigger […]
October 16, 2018

Contract Management Systems: Tips for Selection and Optimisation

With so many contract management systems (CM Systems) on the market these days, it can be daunting trying to select the right one for your organisation. […]
September 17, 2018

Direct Marketing and POPI

How will POPI affect direct marketing in South Africa? The Protection of Personal Information Act (the “POPI Act” or “POPIA”) was signed into law in November […]
March 20, 2018

Dispute Resolution Clauses: Worth Careful Consideration

Too often dispute resolution clauses are treated as part of the boiler plate provisions and copy-pasted into agreements as an afterthought, or even left out altogether. […]
February 21, 2018

SaaS Agreements: What are they and How do they Work?

  With new technologies and Apps around every corner, it is no surprise that the products and service offerings in which consumers and businesses are interested, […]
February 7, 2018

Cryptocurrency as an Investment: Classification Hurdles

  Last year, Bitcoin and other cryptocurrencies sparked a modern gold rush spurred on by stories of individual investors making millions in a short period from […]
September 18, 2017

POPI Regulations Available for Public Comment

  The Protection of Personal Information Act (POPI) was signed into law in November 2013, but a commencement date for the Act has not yet been […]
August 18, 2017

Negotiation 101: Knowing when to Walk Away

One of the fundamental questions you have to answer before sitting down at the negotiation table is when to walk away from the negotiation. The strength […]
May 24, 2017

State Employed Medical Practitioners: Legal Framework for Employment

  All employment relationships, regardless of whether in the private or public sector, are subject to primary labour statutes setting out the basic rights and duties […]
May 22, 2017

Trusts in relation to Family Businesses

  As family businesses grow the owner of a company will often place shares in the company into various trusts, for his children. Trusts, if properly […]
May 21, 2017

Commercial Leases: Aspects to Look Out For

You want to hire premises for your business. Your soon-to-be landlord has premises to let. It sounds simple, but in fact the interests of the tenant […]
May 2, 2017

Drone Regulations: An Aerial Perspective

  Photographers, videographers, researchers, farmers and hobbyists, to name but a few, have a readily available tool to give them a whole new perspective, an aerial […]
April 26, 2017

Competition Act: Do’s and Don’ts

The Competition Act, No. 89 of 1998 (“the Act”) regulates competition issues in South Africa.   The Act regulates mergers and anti-competitive conduct which it refers to […]
April 26, 2017

Directors Do’s and Don’ts

The South African Companies Act (“Companies Act” or “Act”) deals with standard of conduct required from directors in South Africa. Section 75 of the Companies Act […]