An unhealthy interest: What is “usury” in South African Law?
Interest - defined as the cost of borrowing money – has often been viewed with suspicion since time immemorial, and interest rates can vary widely...
Fixing the flow: Can public-private partnerships improve water and sanitation?
South Africa’s water and sanitation sector confronts significant challenges, but PPPs offer a powerful tool for change.
Avoiding contract pitfalls: The devil is in the detail
South African courts have recently sent a firm reminder to businesses: contracts are not guidelines – they are binding rules. Form and substance really do matter.
From courtroom drama to AI trauma
A recent South African court case revealed the risks of relying on AI without checking the facts: citations that never existed, wasted costs, and reputations and credibility on the line.
Corporate fraud, legal privilege and the public’s right to know: Lessons from the Steinhoff saga
In one of South Africa’s most consequential corporate collapses, the Steinhoff saga has reshaped how businesses, legal professionals, and the public think about transparency, privilege, and accountability.
Got the goods? Prove the right or give them back
If you are holding onto something that does not belong to you, and you cannot prove you have a legal right to keep it, you will have to give it back.
When guarantees turn costly
Performance guarantees and suretyships are powerful tools for facilitating business and mitigating risk, but they come with significant responsibilities and binding obligations.
The fall of True Ruby: When courts pull the plug on paper entities
In close corporations or small businesses, when relationships break down irreparably and impact negatively on the business, courts have reaffirmed their readiness to intervene.
Establishing interest claims in debt recovery proceedings
In a recent court case, lenders were reminded that even an admitted debt backed by a signed settlement agreement isn’t enough if you’re claiming interest.
Payments made during business rescue – are you at risk?
A recent legal decision highlights a critical legal risk for creditors and business rescue practitioners (BRPs) when dealing with a company in financial distress.