Articles

What shareholders and directors need to know - piercing the corporate veil by Makhokha Makhokha (Associate Designate) and Tshepang Mokobane (Candidate Attorney) As controllers of the company, it is important for shareholders and directors to be aware of the common law principle of piercing the corporate veil. It cannot be...

The policy and regulatory implications of implementing distributed ledger technology in the financial markets by Faheema Rahim & Lwandise Mkam The notable technological development in the financial sector requires regulators to be adept and agile when formulating a regulatory framework that not only supports but advances responsible...

A consideration of the Government Cloud Computing Directive from a multinational contracting perspective by Faheema Rahim and Lwandise Mkam On 10 February 2022, the Minister for the Public Service and Administration, Ms Ayanda Dlodlo, approved the Determination and Directive of the Usage of Cloud Computing Services in the...

Does the constitutional invalidity of the 2017 PPPFA regulations result in the collapse of the Transformation agenda? by Faheema Rahim and Lwandise Mkam On 16 February 2022, the Constitutional Court declared the Preferential Procurement Regulations of 2017 (“2017 Regulations”) unlawful and invalid in the case of Minister of...

Employees forced to consider whether to take the Covid jab, or face the loss of their jobs by Faheema Rahim (Associate) and Lesedi Manaka (Candidate Attorney) in the Corporate Commercial Department The Commission for Conciliation, Mediation and Arbitration (“CCMA”) was called upon once again to consider the...

Strengthening the rule of law, under our constitution: is it time to reform the manner in which Chief Justices are appointed? by Mashudu Tshidada & Israel Shnketa The President began the process of appointing the new Chief Justice on 16 September 2021 when he called for public nominations for...

Competition Tribunal approval of Burger King sale, a win for BBB-EE? by Maphanga Maseko & Dudu Dhladhla On 17 September 2021, the Competition Tribunal (“Tribunal”) approved the merger whereby the subsidiaries of Grand Parade Investments Limited (“GPI”) being Grand Foods Investments 1 Proprietary Limited, and Grand Foods...