PLAYING OPEN CARDS: NEW COMPANIES ACT REMUNERATION DISCLOSURE RULES
AUTHOR: TATTON BOURAS On 22 May 2026 several Companies Act 71 of 2008 (“the Act”) amendments that were originally promulgated in 2024 came into effect. These amendments will apply immediately, and no transitional period has been provided for. Thus, companies to which the amendments apply, must immediately implement steps to comply if they have not […]
UPDATED MERGER THRESHOLDS AND MERGER FILING FEES
Only certain mergers which meet the prescribed thresholds are required to be notified to the Competition Commission. The lower thresholds for qualifying as an intermediate merger and higher thresholds for qualifying as a large merger, together with their respective filing fees, have been increased as from 1 May 2026. The table below sets out details: […]
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 […]