Publications
What is an antenuptial contract?
An antenuptial contract (ANC) dictates the type of marital regime that will be applicable to your upcoming marriage. There are two different marital regimes, namely in the community of property and out of the community of property. The Matrimonial Property Act 88 of...
The right to life and assisted suicide
A discussion of Stransham-Ford v Minister of Justice and Correctional Services and Others 2015 (4) SA 50 (GP) The right to life is one of the most important and well-protected rights in the new democratic South Africa and yet it is one of the most controversial...
Public procurement
In South Africa, public sector procurement is estimated to amount to approximately 14% of the gross domestic product. Government procurement is therefore of huge significance and governments all over the world, including South Africa, increasingly make use of private...
Protecting your rights as a minority shareholder in South Africa: The derivative action
A derivative action is one of the ways a minority shareholder, or another suitable stakeholder, can employ to effect good corporate governance in the company he invests in and to redress the wrongs committed against the company when those in control of the company...
Notarial leases in the mining sector
Notarial lease agreements are defined as long-term agreements on immovable property attested by a Notary Public and registered in the Deeds Office. “Long-term” in this respect has been explained as a period exceeding 10 years....
Money laundering
Many laundering schemes are too complicated to be planned and executed by the criminals themselves. People with legal, banking, or tax expertise or general business acumen often assist criminals to launder money. For example, in...
Financial Intelligence Centre Act
The Financial Intelligence Centre Act 38 of 2001 (FICA) came into effect on 1 July 2003. FICA was introduced to fight financial crime, such as money laundering, tax evasion, and terrorist financing activities. The majority of...
FICA Directive
On 12 September 2014, the FIC issued Directive 3/2014, which is a notification of failure to report according to the Financial Intelligent Centre Act, No 38 of 2001 (FIC Act). This Act was established with the principal objective...
Electronic Communications Act
You can cancel a contract by email The Appeal Court in the case of Spring Forest Trading v Wilberry (Pty) Ltd (725/13) ZASCA 178 ruled that emails exchanged between parties to a valid contract can constitute a written agreement...
Corporate governance in SMEs
Corporate governance principles have always been associated with large, listed, and well-established entities. The phrase “corporate governance” refers to structures and processes for the direction and control of companies,...