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In the recent judgment of M & J Da Costa Brothers (Pty) Ltd and Another v Ivor Michael Karan 2025] ZAGPJHC 1191, the Gauteng High Court (the “Court”) revisited one of the oldest battlegrounds in commercial law — the tension between the sanctity of the written contract and the practical realities of business dealings.

A common assumption among taxpayers is that holding assets in a private company is generally more tax-efficient than holding them in a personal capacity. However, this assumption does not always hold true — particularly when the assets in question are personal-use assets.

In a fast-paced corporate environment directors of companies are frequently tasked with high-stakes decisions that demand sound judgment and careful consideration of the company’s best interests. In the event where a company suffers a loss stemming from a director’s decision, the question arises as to the potential liability of a director owing to an alleged breach of its fiduciary duties and the defence mechanism available to such director.

The Standard Bank of South Africa v South African Reserve Bank ruling (the “Ruling”), handed down by the Pretoria High Court (the “Court”) on 15 May 2025, has spotlighted the contentious status of cryptocurrency under South Africa’s exchange control framework. The case, involving a R26 million seizure tied to cross-border Bitcoin transfers by a client of Standard Bank, highlights the clear gap between the South African Reserve Bank’s (“SARB”) enforcement approach and the Court’s interpretation, offering businesses temporary clarity amid uncertainty.

A question that has loomed in the commercial-legal sphere and caused a great deal of uncertainty is whether the shareholders of a private company are required to provide reasons for the proposed removal of a director.

In the South African Competition Law landscape, merger notification to the Competition Commission (“Commission”) in relation to an internal restructuring is generally overlooked, due to the ultimate control not being altered.

In today’s fast-paced and competitive business landscape, companies are built on the dedication, vision, and passion of its founders. However, ensuring that businesses remain sustainable and successful after their founders step down, poses a significant challenge. This is especially true in professional sectors including law, engineering, and auditing, where attracting and retaining top talent, as well as motivating younger professionals, is crucial for growth.

In this latest article uncovering the amendments to the First and Second Companies Amendment Acts of 2024, the amendment to the definition of “Employee Share Scheme” in terms of Section 95 of the of the Companies Act, Act 71 of 2008 (the “Act”), is exclusively dealt with.

It is common practice in the South African commercial sphere for a family trust to govern and head the intricate workings of family businesses due to the advantages and protection that is offered by a trust. The structure, however, is not without its compliance and administration drawbacks. This article deals with the latest caselaw affecting specifically the instances where a trustee resigns from his / her position and when such resignation is deemed to be effective.

Section 24J, read with Section 11(x), of the Income Tax Act No 58 of 1962 (“ITA”) permits a deduction against a taxpayer’s income of any ...

Family-owned businesses play a significant role in South Africa’s economy. Alarmingly, surveys indicate that only about 30% (thirty percent) of family-owned businesses survive into the second generation, and 10% (ten percent) in respect of the third generation. These numbers reflect the failure of the seamless transfer of control and ownership to the following generation in the absence of a family constitution and succession structures.

In this fifth article unpacking the amendments relating to the first and Second Companies Amendments Acts of 2024; we deal exclusively with the amended provisions of Section 16 of the Companies Act, Act 71 of 2008 (the “Act”) and the effect it will have on companies, going forward.