Tag: CorporateLaw

If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees. It also includes management time, damaged relationships and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention. For multinationals juggling cross-jurisdictional matters, the logistical burden alone can dwarf the value of the underlying claim.

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.

South Africa’s Minister of Trade, Industry and Competition published revised merger notification thresholds and filing fees under the Competition Act 89 of 1998 (Competition Act). These changes take effect on 1 May 2026. The updated thresholds raise turnover and asset values. These values determine whether a transaction qualifies as a small, intermediate or large merger. As a result, some deals previously requiring mandatory notification may now fall below the filing threshold.

In South African corporate law, shareholders enjoy extensive rights - but face remarkably few obligations when exercising them. Directors, in contrast, are tightly bound by fiduciary and statutory duties, accountable for every decision they make on behalf of the company. This imbalance raises a critical question: Should shareholders also bear some responsibility - especially when their actions directly shape the strategic direction of a company?