The future of business licensing in South Africa

Understanding the Businesses Act, 1991 and the proposed Business Licensing Bill, 2025 If you run a business or are considering starting one, you need to know that the regulatory framework for business licensing in South Africa is on the brink of significant transformation. For more than three decades, the Businesses Act 71 of 1991 has […]

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Dismissal code 2025

Practical guidance for employers and employees On 4 September 2025, the Minister of Employment and Labour brought into effect the new Code of Good Practice: Dismissal under the Labour Relations Act 66 of 1995 (LRA). The Code consolidates and updates South Africa’s dismissal framework, replacing the long-standing Schedule 8: Code of Good Practice: Dismissal and […]

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Smart contracts

Can AI in contracts replace lawyers? AI is on the march. The number of tasks various AI-powered tools can complete in a fraction of human time is growing every day. In many cases, AI-enabled functions improve safety, increase efficiency, and reduce errors. However, it’s worth bearing in mind that AI is not infallible. ChatGPT, though […]

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Executive dismissal – a new approach

Rethinking the way we say goodbye to top earners The labour landscape in South Africa is changing. Proposed amendments to the Labour Relations Act (LRA) are set to redefine how unfair dismissal disputes involving high-income earners are handled. These changes could transfer the focus for both employers and senior employees from job reinstatement to financial […]

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Preference shares under fire

Are they still a smart way to raise money? For years, South African businesses have leaned on preference shares as a clever way to raise funding. The idea was simple: instead of borrowing money and paying interest, companies issued preference shares to investors. These shares came with fixed dividends and a promise to buy the […]

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Contracts and fairness and real life

Lessons from the Beadica case Contracts are the building blocks of business deals. In legal terminology, “pacta sunt servanda”, or “agreements must be kept”. But what happens when sticking to the contract feels unfair? Can the courts intervene? The Constitutional Court recently had to answer a question of contracts and fairness in the case of […]

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AI risk assessment

If you use AI in your business, you need to carry out a risk assessment  Artificial intelligence (AI) is increasingly embedded in day-to-day business operations. Even small organisations use chatbots for customer service (including this website); and facial recognition software is used not only by large tech companies (to unlock your cell phone or laptop) […]

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Starting a business as a foreigner in South Africa

What foreign entrepreneurs need to know South Africa is an attractive destination for foreign investors looking to expand their operations or enter new markets. With a young workforce and a growing digital economy, the country is particularly appealing for industries such as tech, marketing and services. However, before starting operations, there are important legal and […]

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Third-party litigation funding – TPF

Empowering plaintiffs in high-stakes cases Have you ever wanted to take another party to court but felt unable to contemplate litigation due to the cost? The pursuit of justice can be an expensive and daunting endeavour and the financial burden may present a barrier to accessing justice. If you have a very strong case, particularly […]

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Online dispute resolution

What happens when you have a problem with an online transaction? E-commerce has been on the rise for a number of years. The Covid-19 pandemic accelerated the rate of take-up among consumers, as lockdowns made it difficult or impossible to visit physical shops. But e-commerce has been around since 1994 (the first recorded transaction was […]

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