Commercial law

RSS feed for this section
Privacy Policy

Dispute Resolution in the Age of the Fourth Industrial Revolution

“Whoever controls the courts, controls the state.” Aristotle The courts of ancient Athens were fundamentally democratic with tens, hundreds and in some instances thousands of jurors adjudicating trials. There was no Judge, which role was taken up by the pool of jurors adjudicating at that time. One of the founding principles held dear by Athenians […]

Read full story
capacity

Directors’ Delinquency versus Probation

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad range of persons to apply to court for such […]

Read full story

The Carbon Tax Act

Introduction The Carbon Tax Act 15 of 2019 (the “Act”) was enacted as a result of the increase of greenhouse gas emissions in the atmosphere, which is causing and contributing to global climate change.  The Act in its preamble, therefore, aims to contribute to the worldwide effort to stabilise greenhouse gas emissions by employing the […]

Read full story
3D printing

ENAC: Can a party withhold their own performance where the other party has failed to perform?

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]

Read full story

Debt Relief – The Consequences of the National Credit Amendment Act

President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their concerns that some of their customers will get away with not having to repay their debt as […]

Read full story