Regulatory & Compliance Law

The Knowledge That Walks Out the Door With Every Departing Lawyer

Most multinationals measure legal function maturity by headcount, technology spend, or policy coverage. A more honest measure is simpler: what happens to institutional knowledge when a member of the legal team leaves or moves roles? In most subsidiary and regional legal functions across Africa, the answer is that it leaves with them. This is not […]

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The Regulator You Forgot About Is the One That Stops the Deal

Deal teams doing M&A in South Africa are generally well prepared for Competition Commission notification. It is the regulator everyone expects, the one every transaction lawyer raises early, and the one most deal timelines are built around. The regulators that catch teams out are the sector-specific ones – present in a specific transaction, easy to

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Eskom Will Not Consider Your Application Without This

There is a step in every wheeling project that gets treated as paperwork and is, in fact, a gate. Before Eskom will process a grid connection application for a wheeling arrangement, the generator must be registered with NERSA. No registration, no application. It is that simple, and it is routinely left too late. This matters

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The SA Deal Reality Check: Five Questions That Predict Whether a Transaction Will Close Cleanly

Most deal delays in South Africa are not caused by the issues that make headlines – pricing disagreements, regulatory intervention, or financing falling away. They are caused by legal and structural problems that were visible early and not addressed. The result is a process that drags, conditions that multiply, and a closing that costs more

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What Kills a Deal in Due Diligence Has Usually Been Building for Years

Most founders who have been through a failed or heavily discounted transaction will tell you the same thing: the legal issues that surfaced in due diligence were not surprises to them. They knew the employment contracts were informal. They knew the IP assignment was incomplete. They knew the shareholder agreement had gaps. They just did

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The Service Design Problem at the Heart of Every Struggling Subsidiary Legal Team

Subsidiary and regional legal teams across Africa are routinely asked to deliver global-standard compliance and contracting with a fraction of the headcount, budget, and institutional support that the group team operates with. The result is predictable: constant urgency, too many exceptions, a function that is always behind, and a legal team that spends its best

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The Six Things That Make an Energy Deal “Bankable” in South Africa (Before Lawyers Even Draft)

In South Africa, energy deals don’t get delayed because everyone disagrees on the vision. They get delayed because the fundamentals that lenders and boards care about aren’t pinned down early enough. Here are the six bankability basics we push to the front of the process – because they save months later. 1) Land and rights:

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The Hidden Cost of Running Your African Legal Team as a Smaller Version of Global Legal

Multinational subsidiaries across Africa share a common structural problem. The regional legal team is expected to handle local compliance, contracts, employment matters, regulatory engagement, and escalations – with a headcount and budget that reflects neither the complexity nor the volume of what is being asked of them. The result is a function that is permanently

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The Legal Due Diligence Findings That Derail South African PE and VC Deals Most Often

Private equity and venture capital transactions in South Africa move through a predictable sequence: investment thesis, preliminary commercial assessment, indicative terms, and then due diligence. It is in due diligence that deals most often stall, reprice, or collapse – and the findings that cause this are, with notable regularity, things that were knowable before the

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Five Things That Kill a South African Business Sale at Due Diligence (That Were All Fixable Before the Buyer Arrived)

Most South African business owners who have been through a failed or heavily discounted sale process can point to the moment things went wrong. It is almost never the commercial terms. It is the due diligence findings that nobody anticipated – and that nobody had fixed, because no one had looked. Here are the five

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ASK KAI

Ask our AI a question about this topic, and one of our specialist lawyers will review the response and email you within 24 hours, free of charge.

KAI is free for Caveat friends and clients. To use KAI, complete the form below and look out for the AI’s answer, reviewed by a specialist lawyer, in your inbox. For the most accurate and helpful response, be as specific and detailed as possible. Provide all relevant facts and clearly state what you’d like answered.

Disclaimer: Kai is provided by Caveat in a bona fide attempt to make legal services more accessible to you. Caveat will not be liable for any damage, loss or expense arising from the use of this offering. 

Feedback Welcome: Your experience matters to us. Please share feedback on this offering at info@caveatlegal.com to help us improve its efficacy.