Commercial Law

Commercial Law and Business Legal Advice

Stay informed with practical legal guidance for businesses of all sizes. Explore articles on commercial contracts, company law, directors' duties, corporate governance, business transactions, compliance, risk management, and protecting your business through sound legal planning.

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Navigating the New Earnings Threshold: A Critical Update for South African Employees

Effective 1 May, a significant amendment to the earnings threshold under the Basic Conditions of Employment Act (BCEA) will come into force, carrying profound implications for both employers and employees across South Africa. This adjustment, gazetted by the Department of Employment and Labour, raises the annual earnings.

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B-BBEE: A Licence to Operate, But Not True Empowerment

The Gap Between B-BBEE and Real Empowerment

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Politics vs. Justice: Why South Africa’s Courts Keep the Country on Track

South Africans are no strangers to political turmoil. Inefficiency, corruption, populist rhetoric, and policies that bend under the pressure of political expediency dominate the headlines almost daily. Our government often appears unable - or unwilling - to act in the best interests of its citizens.

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Legal Insights on South Africa’s $25bn Grid Expansion

South Africa is embarking on one of its most ambitious infrastructure undertakings: a $25 billion grid expansion project that will add more than 14,000 km of transmission lines to the national network. The initiative is a cornerstone in unlocking renewable energy generation, stabilising the grid, and enabling the count

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Notional VAT in South Africa – Claiming VAT on Second Hand Goods

Value-Added Tax (VAT) is one of the most significant cost considerations for South African businesses, but many VAT-registered entities are unaware that they may be leaving money on the table when purchasing from non-VAT vendors.

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Drafting and Enforcing Contracts in South Africa

A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.

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What Is Company Liquidation and When Should You Consider It?

Company liquidation is a formal legal process used to wind up a business. It involves selling off the company's assets, using the proceeds to pay off creditors, and ultimately deregistering the company. In South Africa, liquidation can be voluntary or compulsory, and it's often a necessary step when a business becomes

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What Happens to a Business During Divorce?

Divorce can upend more than your personal life—if you're a business owner, it can expose your company to financial and legal vulnerability you never saw coming. In South Africa, the way your marriage is structured plays a role in what happens to your business during a divorce. Under a community of property regime, even

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Differences Between a Notary Public and a Commissioner of Oaths

In South Africa, legal documents often require official certification or verification. Two professionals who perform these duties are a Notary Public and a Commissioner of Oaths—but despite some similarities in their roles, they are not interchangeable. Many people incorrectly assume that either can do the other's job,

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Legal Requirements for Starting a Business in South Africa

From selecting the right business structure to meeting registration and compliance obligations, every decision you make has legal and financial implications.

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Liquidation vs Business Rescue - Which Path Should You Take?

When a company is experiencing financial difficulties, two approaches are typically looked at, namely, liquidation and business rescue. Both strive to handle a company's financial issues, but they differ greatly in terms of aims, processes and their respective outcomes. Understanding the distinctions between these two

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Essential Employment Contract Clauses in South Africa

Employment contracts form the foundation of every working relationship, establishing the rights and responsibilities of both employers and employees. In South Africa, these contracts are governed by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), and various sectoral determinations that s

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