RETHINKING LABOUR DISPUTE RESOLUTION IN SOUTH AFRICA: WHY MEDIATION IS A LEADERSHIP IMPERATIVE
In South Africa’s complex and highly regulated employment landscape, labour disputes are inevitable. However, how organisations respond to these disputes has become a defining feature of their leadership maturity and governance standards. Increasingly, mediation is being utilised as a strategic and commercially sensible tool. Mediation is a structured, collaborative, confidential and without prejudice negotiation, facilitated […]
THE KING IS DEAD, LONG LIVE THE KING: KING V CODE PUBLISHED
AUTHORS: RISHAL BIPRAJ AND TATTON BOURAS PUBLISHED; 20TH NOVEMBER 2025 Monarchy in South Africa is not dead. In 1994, at the dawn of its democracy, South Africa was one of the first countries to introduce a code of corporate governance, with the release of the Code of Corporate Practices and Conduct, compiled by a committee […]
CONSEQUENCES OF NON-COMPLIANCE WITH DIRECTOR DUTIES
The Companies and Intellectual Property Commission (“CIPC”) published Guideline 1 of 2025 in order to “sensitize” directors about the consequences of non-compliance with their duties to a company. In the Guideline, CIPC notes that directors must exercise their powers as a director and perform the functions of a director in good faith, for proper purpose […]
WHEN IS IT “JUST AND EQUITABLE” TO WIND UP A SOLVENT COMPANY
When is it “otherwise just and equitable” to wind up a solvent company (or close corporation) in terms of section 81(1)d(iii) of the Companies Act, 2008? Generally, section 81(1)d of the Act provides that a company may be wound up by a court at the instance of a director or a shareholder, or the company […]