Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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12 Nov 2025
by Lucinde Rhoodie, Muwanwa Ramanyimi and Zenande Mnyamana
Business rescue resolution: Is non-compliance with the Companies Act only relevant if the resolution is challenged?
Winding up or liquidation is usually a method of last resort for a company in financial trouble. The obvious reason for this is that a company being wound up ceases to exist. Business rescue, on the other hand, is a process aimed at rescuing a company in financial distress.
Corporate Debt, Turnaround & Restructuring
5 min read
14 Aug 2025
by Lavious Sedibane, Jamie Oliver and Mashudu Mphafudi
Sustainability bonds and the debt market of the future: Are we ready?
Sustainability-linked bonds (SLB) and green debt instruments have emerged as essential instruments in mobilising capital for climate-resilient infrastructure and inclusive socio-economic project development for the purpose of supporting long-term sustainability goals. SLBs are structured in a similar manner to conventional bonds, however unlike conventional bonds, SLBs are designed to provide the capital needed to fund a project’s growth requirements by linking financial performance to predefined environmental, social and governance (ESG) targets, incentivising issuers to meet set sustainability objectives measured by key performance indicators (KPI) against sustainability performance targets. In the event that certain targets are missed, the coupon rate may be adjusted accordingly.
Banking, Finance & Projects
6 min read
18 Feb 2025
by Corné Lewis and Ledile Maloka
Show me the money
In the case of National Director of Public Prosecutions v Dhurgasamy JOL 60116 (GJ), the National Director of Public Prosecutions (NDPP) applied for a forfeiture order under section 53, alternatively section 50 read with section 48, of the Prevention of Organised Crime Act 121 of 1998 (POCA). The application sought to declare certain property, specifically USD 630,700 in cash seized at OR Tambo International Airport on 11 September 2018, forfeit to the state. The Gauteng Division of the High Court in Johannesburg delivered judgment on 26 July 2023, granting the forfeiture order under section 50 of POCA. The court found that, on a balance of probabilities, the seized cash constituted the proceeds of unlawful activities, specifically violations of exchange control regulations and involvement in money laundering operations. The respondent failed to provide a credible explanation for the lawful origin of the funds, and his claims of obtaining the money through a loan for business purposes were unsubstantiated and lacked supporting evidence. The court noted inconsistencies and improbabilities in his account, leading to the conclusion that the funds were indeed derived from unlawful activities.
Dispute Resolution
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7 Apr 2025
by Yvonne Mkefa and Thato Maruapula
Unfair discrimination in the workplace: Not everything that is bad, inexplicable or irrational will meet the criteria for unfair discrimination
The Employment Equity Act 55 of 1998 (EEA) prohibits unfair discrimination in the workplace.
Employment Law
10:02 Minutes
20 May 2025
by Jaco Meyer
Is your mining investment safe? What the Expropriation Act means for South Africa’s mining sector
The Expropriation Act enables the South African Government to acquire property either for public purposes – such as roads, schools or utility infrastructure – or in the public interest, particularly for land reform. What sets this Act apart from its predecessor is its explicit provision for expropriation without compensation in exceptional cases. Examples include abandoned land, property not being used in a socially productive manner, or where the state has historically invested significantly in developing the property. These cases are, by design, narrow. The Act does not give the state carte blanche to seize property arbitrarily – nor does it negate compensation as a rule. Instead, it introduces a broader definition of justice, which takes into account the past as well as the present.
Mining & Minerals
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4 Jun 2025
by Akhona Mgwaba, Sibonokuhle Baart and André de Lange
The JSE’s response to the corporate governance changes introduced by the Companies Amendment Act
As the Johannesburg Stock Exchange (JSE) rolls out various proposed amendments to the JSE Listings Requirements (Listing Requirements), noticeably absent from the consolidated simplified Listings Requirements are Paragraph 3.84(j) and Schedule 14 to the Listing Requirements. The consolidated Listings Requirements were published by the JSE in September 2024 as part of the public consultation process to its ongoing Simplification Project.
Corporate & Commercial Law
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