Public Law Tag

by Peter Tshisevhe One of the key reforms to company law in South Africa that the Companies Act, No. 71 of 2008 (the “Act”) introduced include, inter alia, the codification of directors’ duties. The rationale behind the codification of directors’ duties was mainly to make the...

It is an accepted principle of South African law that negotiations between parties, which take place with a view to settling the disputes between them, are privileged and cannot be disclosed. This is known as the “without prejudice” principle and provides parties with substantial protection...