Commercial Law

In an era where privacy concerns are at the forefront of legal and societal discourse, the question arises: is the surveillance of individuals permissible? The recent case of De Jager v Netcare Limited provides a compelling examination of this issue, balancing the right to privacy against the public interest in discovering the truth. This article […]

Adams & Adams Interview with Asset Magazine

The reason why people take out insurance policies is to protect themselves against risk. Whilst taking out an insurance policy is the most preferred and popular way of protecting one’s motor vehicle against risks, there are other further alternatives which car owners can opt for. In addition to taking out an insurance cover, one can […]

Mergers are complicated and to be properly implemented they require mergers and acquisitions lawyers that have a lot of experience and knowledge of the legalities surrounding mergers. Whether it is to draft and implement agreements between the merging companies, or to assist in the compliance of the merger, a mergers and acquisitions lawyer is essential. […]

In the world of corporate finance, an acquisition is considered to be a transaction in which an individual or entity (company) purchases some or all of the shares of a business. In South Africa, mergers and acquisitions are in part regulated by the Companies Act No 71 of 2008 (Companies Act). Acquisitions are a popular […]

“One of the things I like about our contract is that you have relieved me of a great deal of personal interviewing and corresponding, among other things, which allows me a lot more time for painting” – E.J. Hughes The South African art market has shown exponential growth over the last two decades and the […]

Corporate and commercial lawyers can provide businesses and organisations with a number of advantages. The main goal of consulting a commercial or corporate lawyer is to protect the property and interests of a business or organisation against any business crippling threats. Corporate and commercial law are closely connected to one another; however, they should not […]

When signing a contract, one cannot predict whether certain circumstances will arise or not. No one expected the occurrence of COVID-19, yet it had a devastating effect on the global economy, leading to widespread unemployment. Force majeure is a common clause within contracts that accounts for “acts of God” – the events and circumstances that […]

Protection of Personal Information Act – Compliance over Complacency Many organisations have embarked on a journey to ensure that they are compliant with the Protection of Personal Information Act (POPIA), which became enforceable on 1 July 2021. With the deadline already past, it is crucial that companies have good data management practices and processes in […]

The Consumer Goods and Service Ombudsman (the Ombud) was established by the Consumer Goods and Services Industry Code of Conduct (the Code). Until recently, there has been uncertainty as to whether businesses were obliged to subscribe to the Code and pay annual fees that fund the Ombud.  The position was recently clarified when the High […]

The Competition Commission (the “Commission”) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the Commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets. Due to the […]

Various sections of the Protection of Personal Information Act, 2013 (POPIA) came into effect on 1 July 2020. Since then, there has been a 12-month phase in period. This period will expire soon. On 1 July 2021, all businesses will have to be compliant with POPIA’s requirements. In a franchising context, this means that a […]

There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to “I am because you are; you are because we are.” Companies are an integral part of South African society, and vice versa. However, a company is dependent on the broader South […]

An Assessment of Whether Business Rescue Effectively Provides for the Efficient Rescue and Recovery of Financially Distressed Companies in a Manner That Balances the Rights and Interests of All Relevant Stakeholders While the full impact of the COVID-19 pandemic on the South African economy will likely only truly be felt once the world has completely […]

On 19 February 2021 the South African Competition Commission (“the Commission”) announced that it will be conducting a market inquiry into online intermediation platforms (“OIPMI”) and published the draft terms of reference for the inquiry with calls for public comment thereon to be received by no later than 16h00 on the 12th of March 2021 […]

While the full impact of the COVID-19 pandemic on the South African economy will likely only truly be felt once the world has completely triumphed over the tragedy of the pandemic, many businesses have unfortunately already succumbed under the pressure of the restrictive trading conditions imposed by the national executive with a view to combating […]

Earlier this year, we published an article discussing some of the key considerations for the construction industry during the global Covid-19 pandemic. We explored, among other things, how Covid-19 and associated lockdowns around the world have given rise to a tangled web of risks and challenges for employers, contractors and other stakeholders in the ultra-globalized […]

The pen may be mightier than the sword, but in an ever-growing digital world, this small but mighty weapon may well be on its way to extinction. Signing on the dotted line, may become a dying art. From stone tablets to ancient Egyptian manuscripts, signatures in various forms have been used to authenticate transactions since […]

In recent months, nearly every aspect of society has been affected by the COVID-19 pandemic. The construction industry has not been spared. Globally, businesses and economies have been brought to their knees and, in an ultra-globalized world, a tangled web of risks and challenges for employers, contractors and other stakeholders in the construction industry have […]

It has been officially announced that numerous sections of the Protection of Personal Information Act, 2013 (POPIA) will commence on 1 July 2020. This means that, after a process that lasted several years, South Africa will soon have effective data protection legislation. Although the entire POPIA will not commence, most of the important substantive sections […]

As you may recall, the Consumer Protection Act, no. 68 of 2008 (“CPA”), introduced franchise legislation into the franchise industry in South Africa, on or about 1 April 2011. By way of example, Regulation 2 thereof sets out 50 or more points which need to be dealt with and included in a compliant franchise agreement. […]

The competition authorities, being the Competition Tribunal (“the Tribunal”) and the Competition Commission (“the Commission”), are already in the thick of it when it comes to regulating markets and competition in the COVID-19 world afflicted by lockdowns and economic restrictions amongst other considerations.

“Intellectual Property (IP) intensive industries such as South Africa’s growing technology sector face various challenges with respect to cross-border transactions, including access to offshore markets for the commercialisation of IP, as well as financing and security for such transactions.

The announcement of the National State of Disaster on 15 March 2020 has driven up the demand for ICT services and has essentialised the need for access to high-speed and affordable broadband internet.

The Government has already taken swift action against the Coronavirus pandemic through regulations gazetted by the Minister of the Department of Trade and Industry (“the DTI”).

We invite you to contact our Competition Law Team if you have any questions in relation to the COVID-19 regulations under the Competition Act, or any related matter.

The impact of the highly contagious virus COVID-19 has forced the world to find a new normal as we navigate our lives around containing its spread as much as possible. How does this affect existing agreements and performance under these agreements?

The discussions surrounding the phenomenon of constitutional damages has been gaining momentum in the past few years.

Whether the Protection of Personal Information (POPI) Act is law or not, data protection compliance has become good business practice, largely because of the reputational and financial risk, says Danie Strachan, Adams & Adams Partner.

The future legal practitioner is required to augment his or her existing legal knowledge with various other skills, including an extensive understanding of the impact of technology.

A look at the ‘Parol Evidence’ Rule and its implications on verbal amendments to written agreements.

Can a WhatsApp message lead to a binding contract? Recently, the Supreme Court of Appeal (SCA) was asked to pronounce on whether a WhatsApp message, in which a man indicated he would pay each of his children R1 million if he won R20 million, gave rise to an enforceable contract.

On 30 October 2015 the Competition Commission established the Grocery Retail Sector Market Inquiry (the “Inquiry”) with the purpose to assess amongst others, the impact of long-term lease agreements entered between property developers and national supermarket chains. 4 years on, the Inquiry has published preliminary findings and recommendations. The Inquiry found that the existing features […]

The telecommunications sector is the backbone of the of the digital economy. Access to spectrum is essential for speedy, reliable and affordable access to world class networks and communications which form the basis for online activities and more broadly, participation in the Fourth Industrial Revolution. The recent withdrawal of the Electronic Communications Amendment Bill (“EC […]

Currently, the Electronic Communications and Transactions Act, 2002 (the ECTA) and the Consumer Protection Act (the CPA) regulate the sending of unsolicited commercial communications (emails, texts and the like). An unsolicited communication can be sent, unless the recipient has requested the marketer to refrain from sending such communications (opted out). The ECTA specifically provides consumers […]

There are three possible instruments that regulate the payment of accrued annual leave upon an employee’s termination of employment.  The first is the Basic Conditions of Employment Act (BCEA)1, second, an employment contract and the third, a leave policy. The BCEA does not stipulate the minimum amount of statutory accrued annual leave that ought to […]

Are you starting, or have you already established a small or medium-sized business? There are many key considerations in relation to IP and governance when setting up a business.Adams & Adams is a proud supporter of initiatives such as the National Small Business Chamber (NSBC) and the Business Day TV SME Summit. If you’d like […]

Author: Misha van Niekerk The Massmart exclusive lease saga, which commenced with Massmart’s complaint to the Competition Commission (“the Commission”) in October 2014, has finally come to an end. The Competition Tribunal (“the Tribunal”) yesterday upheld exceptions brought by Pick ‘n Pay, Shoprite Checkers and Spar (“the Excipients”) and dismissed Massmart’s complaint that the Excipients’ […]

Africa needs to develop small and medium sized businesses across the continent. A good vehicle to adopt to substantially contribute towards this initiative, is franchising. This includes adopting successful and appropriate business systems and prudently locating them, so as to as far as possible ensure their success. The plan should commence with a study of […]

The Partners, professionals and staff of Adams & Adams congratulate fellow partner and colleague, Danie Strachan, who was today conferred a Doctorate in Law at a ceremony at the University of Pretoria. Strachan, who graduated from the University with an LLB (cum laude) in 2003, and was admitted as an attorney in 2006, examined the […]

INTRODUCTION The Institute of Directors in Southern Africa (IoDSA) published the draft King IV Report on Corporate Governance on 15 March 2016 and Sector Supplements on 11 May 2016 for public comment. These new draft codes are the next phase in the series of corporate governance codes produced by the IoDSA to guide and benchmark the […]

The Institute of Directors in Southern Africa (IoDSA) and the King Committee has invited public commentary on the draft King IVTM Report on Corporate Governance for South Africa 2016. As a proud partner and sponsor of the King IVTM Report, Adams & Adams will be conducting commentary sessions in May. The King IVTM Report is the fourth edition, setting […]