Legal

Seventy years ago, some 20,000 women marched to the Union Buildings. They took a stand against a proposed law that would strip them of their freedom of movement and ownership of themselves. The law would force them to carry passes that dictated where they could live, work and exist.

A Non-Disclosure Agreement (NDA) creates a protected space in which parties can exchange commercially sensitive information. Yet a few apparently innocuous words dealing with information retained in “unaided memory” may materially reduce that protection. In extreme cases, they may undermine the commercial purpose of the NDA itself.

A brand runs an on-pack promotion: buy a product, find the code inside, enter it on an app, and you might win a prize.  The prize could range from a free lunch to an all-expenses-paid trip to Paris. Thousands of people enter, and a winner is drawn. The marketing team would love to announce the winner with a photograph and a celebratory post on social media. However, the winner would rather not.

White-collar crime in Africa is no longer a predominantly domestic concern. It has expanded onto an international stage, and so has the corporate exposure that comes with it. As capital crosses borders, data moves at the speed of light, and corporate structures become more complex, economic crime has kept pace. It has become more sophisticated, more multinational and increasingly difficult to investigate and prosecute within the confines of a single legal system.

In the first revision since 2017, Minister of Trade, Industry and Competition (DTIC), Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees. The amendments took effect on 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below. The changes mark a significant adjustment to South Africa’s merger control regime.

Can a business claim a tax deduction for money it pays as a bribe or kickback? Under section 23(o) of the Income Tax Act, the answer is no. Kickbacks are not tax deductible. The provision was introduced in 2005 to support South Africa’s anti-corruption efforts. It denies a tax deduction for any payment that amounts to corrupt activity under our main anti-corruption statute, the Prevention and Combating of Corrupt Activities Act 12 of 2004 (the PCCAA).

There is a moment in most disputes when emotion overtakes economics. Pride digs in. Letters become sharper. Threats of court proceedings follow. Yet, by the time a matter reaches trial, the real question often lingers in the background: was the game worth the candle?

After much anticipation, the Trusted Employer Scheme has reopened for corporate employers that wish to express their interest in being included in Phase II of the scheme. The Trusted Employer Scheme is an initiative that President Cyril Ramaphosa first announced during the South Africa Investment Conference in April 2023. The government introduced the scheme as part of a broader overhaul of South Africa’s work visa system.

The recent amendments to the Consumer Protection Act 68 of 2008 (CPA) Regulations introduced a formal compliance framework for direct marketing in South Africa. The CPA Amendments took effect on 15 April 2026. For property practitioners who rely on cold-calling or other direct marketing methods, the rules have changed. These methods include SMS campaigns, neighbourhood canvassing, and outsourced lead-generation services.

The Public Procurement Act 28 of 2024 is signed but not yet in force. However, the Constitutional Court is yet to rule on a challenge by the Western Cape Government, the City of Cape Town and amaBhungane. They argue that Parliament failed to facilitate reasonable public participation on material amendments, as required by section 59(1)(a) of the Constitution. That judgment is still pending.