Search Legal Guides & Resources
Find expert legal guides and resources from experienced lawyers
77 articles found in South Africa
Foreign private equity investments in South Africa run on two parallel regulatory tracks: corporate governance under the Companies Act 71 of 2008 and merger control under the Competition Act 89...
Resolving Boundary & Easement Disputes in South Africa Servitudes require registration: A servitude (easement) must be registered against the title deed at the Deeds Registry to legally bind future property...
The Rental Housing Tribunal (RHT) resolves rental disputes and unfair practices for free, but it cannot issue a physical eviction order. Only South African courts-either the High Court or the...
Broad Regulatory Scope: The South African Competition Commission enforces competition law against foreign multinationals whenever conduct creates a direct, substantial effect within South Africa. Equal Public Interest Weight: Merger reviews...
Aligning ownership structures with the Mineral and Petroleum Resources Development Act (MPRDA) and Mining Charter empowerment targets prevents license forfeiture during a partner dispute. Multi-tiered dispute resolution clauses should require...
Mandatory Notification Thresholds: Foreign entities acquiring South African assets or entities generating local turnover must notify the regulatory bodies if combined and target asset/turnover limits are met. Strict Timelines: Regulatory...
Restitution claims under the Restitution of Land Rights Act can encumber commercial property titles even if the claim is not registered on the title deed at the Deeds Office. Receiving...
Choose the right forum: Submit administrative objections over executor fees or accounting delays to the Master's Office, but take disputes over forged wills, trustee removal, or estate fraud straight to...
South Africa's International Arbitration Act 15 of 2017 adopted the UNCITRAL Model Law, creating a strict, pro-enforcement legal framework for foreign commercial awards. You recognize foreign arbitral awards as South...
Framework Fit: Use JBCC for localized, standard commercial and building developments in South Africa. Use FIDIC for complex, high-value, civil engineering, or foreign-funded infrastructure projects. Strict Claim Deadlines: Missing the...
Enforcing Foreign Judgments in South Africa: 2026 Guide Enforcing a foreign court judgment in South Africa requires navigating a distinct dual-system framework. While South Africa is the primary economic gateway...
Guide to International Commercial Arbitration in South Africa South Africa is the premier seat for resolving cross-border commercial disputes in Sub-Saharan Africa. By modernizing its legal framework and offering world-class...
Dual-Agency Oversight: Customs enforcement in South Africa is managed by the South African Revenue Service (SARS), while trade remedies like anti-dumping duties are investigated by the International Trade Administration Commission...
Dual Framework: South African corporate governance is governed by the Companies Act of 2008 and the non-legislative King IV Report, creating a hybrid compliance environment. CIPC Enforcement Power: The Companies...
Local laws take precedence: If a foreign executive physically works in South Africa, local labor laws apply. This holds true even if the contract specifies a foreign governing law. The...
Non-resident landlords must strictly adhere to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and the Rental Housing Act to avoid legal penalties. Security...
Lowered Filing Thresholds: South Africa's revised competition thresholds mean more international transactions require mandatory pre-merger notification in 2026. Dual-Track Review: The Competition Commission evaluates mergers based on both traditional competition/antitrust...
Strict 10-Day Deadline: You have exactly 10 business days from the day you receive your rejection letter from VFS to lodge an administrative appeal. 2027 Visa Concession: Under Directive No....
South African Construction Disputes: Court Litigation vs. AFSA Arbitration For international infrastructure investors and major contractors, a construction dispute in South Africa can quickly derail a project's profitability and timeline....
Prior Registration is Vital: Register all incoming equity or loan capital with an Authorized Dealer on day one. This step guarantees you can easily repatriate capital and profits later. Interest...