GovernanceMarch 2026
Director Liability Under the Companies Act: What SME Directors Need to Know
The Companies Act 71 of 2008 imposes significant personal liability on directors who fail to meet their fiduciary obligations. This commentary examines the practical implications for SME directors and the documentation structures that support compliance.
ContractsFebruary 2026
The Enforceability of Electronic Agreements in South Africa
The Electronic Communications and Transactions Act provides a framework for electronic contracts. This commentary analyses the requirements for a valid electronic agreement and the practical considerations for South African businesses.
ComplianceFebruary 2026
POPIA Compliance for SMEs: A Structured Overview
The Protection of Personal Information Act imposes obligations on all organisations that process personal information. This commentary provides a structured overview of the key compliance obligations for South African SMEs.
EmploymentJanuary 2026
Procedural Fairness in Disciplinary Proceedings: The Documentation Framework
South African labour law requires both substantive and procedural fairness in disciplinary proceedings. This commentary examines the documentation requirements that support a procedurally fair disciplinary process.
PropertyJanuary 2026
Residential Lease Agreements and the Consumer Protection Act
The Consumer Protection Act applies to residential lease agreements where the landlord is a juristic person or a natural person who regularly concludes lease agreements. This commentary analyses the key provisions and their practical implications.
GovernanceDecember 2025
Shareholder Agreements vs. Memorandum of Incorporation: Understanding the Distinction
Both the shareholder agreement and the MOI govern the relationship between shareholders and the company. This commentary examines the distinction between these instruments and the circumstances in which each is appropriate.