Insights into Law: Articles, Analysis, and Legal Perspectives

Every day, businesses across South Africa sign contracts, guarantee agreements, and suretyships with a few clicks - confident that a digital signature is binding. Often, it isn't. This is one of the most consequential and least understood gaps in South African commercial practice, and it is costing businesses dearly. What Counts as a Signature? South African law has always recognized that a "signature" need not be a handwritten mark. A signature serves three functions: it ide

For a long time, South African investment managers operated in what felt like a predictable legal landscape. Stick to the mandate, get the disclosures right, deliver defensible performance, and the risk stayed largely in check. That sense of stability is starting to crack, and it is happening faster than many expected. A clear shift is underway. Investment managers are no longer judged only on what they invest in, but on how they explain, support, and stand behind those

The global automotive industry is charging headfirst into the Electric Vehicle (EV) revolution, marketing it as the ultimate green solution to combat climate change. On the surface, the appeal is undeniable: zero tailpipe emissions and a sleek, silent drive. However, when we evaluate EVs through the lens of South African environmental law, our current infrastructural realities, and the global supply chain, a much more complex and somewhat paradoxical picture emerges. Co

Trusts are often used as part of broader wealth structuring and succession planning. In many cases, business owners hold shares in companies, members’ interests, or other commercial assets through a trust rather than in their personal names. While this can be a legitimate and useful structure, it is not a simple “set and forget” solution. Where business interests are held in a trust, the legal and practical implications can become complex very quickly. Trustees, founders, ben

“Your destiny is forged in the fires of your determination” - Chris Howard – Most of us reach a point where we quietly ask ourselves: Is this really the life I am building, or just the one I have become used to? It is a thought that slips in during the drive to work, in the quiet after a long day, or when we catch ourselves repeating the same routines. We all feel that tug - the sense that something needs to shift, even if we cannot yet name what it is. Approaching moments li

Intellectual property is often one of a business’s most valuable assets, yet questions around ownership are frequently overlooked. In South Africa, this can be a costly mistake. As innovation increasingly happens in digital, creative, and knowledge-based environments, it is essential for employers to understand who owns intellectual property created in the workplace - and under what circumstances. Many businesses assume that if IP is created by someone working for them, it au

If you have been meaning to “get your succession plan sorted” but it keeps slipping down the priority list, you are not alone. In our day-to-day work we see a consistent pattern: business owners and families generally understand what succession planning is, but the plan never gets properly executed. Documents remain unsigned, share registers are outdated, key agreements are missing, and crucial conversations are postponed until a crisis forces everyone’s hand. The irony is

Disputes within a body corporate can quickly become stressful and disruptive. Whether the issue involves levies, by-law enforcement, maintenance obligations, or decision-making authority, unresolved disagreements can affect not only individual owners but the entire scheme. Understanding how body corporate hearings work is often the first step toward an effective resolution. Common Disputes That Lead to Hearings Body corporate hearings often arise from disagreements abou

In the ever-evolving world of technology, a new innovation is poised to transform how South Africans live, work, and do business. ChatGPT...

As I embark on my two-year-long journey as a candidate attorney, I've come to realise that there are numerous misconceptions surrounding...

Background The mainstream sporting codes are supported by huge fan bases, which allows for the organisers of these sporting events to...