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On 29 January 2026, the Minister of Trade, Industry and Competition, published draft amendments to the Broad-Based Black Economic Empowerment (“B-BBEE”) Codes of Good Practice, for public comment. The policy intention is clear: the South African Government wants faster and more visible transformation, particularly for small black-owned businesses.

The fifth iteration of South Africa’s corporate governance benchmark, the King V Report on Corporate Governance for South Africa, 2025 (“King V”), was officially published on 31 October 2025 by the Institute of Directors in South Africa and the King Committee. King V replaces King IV and reflects nearly a decade of evolution in governance thinking, legislative reform and shifting stakeholder expectations.

On 27 January 2026, the Minister of Trade, Industry and Competition published draft amendments to South Africa’s merger thresholds under the Competition Act.

During December 2025 the South African Reserve Bank (“SARB”) released a statement confirming the discontinuance of publication of the Johannesburg Interbank Average Rate (“Jibar”), which has historically served as the primary interest rate benchmark for a wide range of commercial and financial transactions.

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.