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A share restructure usually requires approval &om 75 percent of its shareholders.

The Mining Charter, published in August 2014, required all mining companies to achieve 26% black ownership within 10 years.

In South Africa, the price of electricity, water, fuel and money is regulated. In recent tlllles, the price of money, in the form of Interest rates,has been set relatively low by the SA Reserve Bank. This, In turn, has resulted In lower lending rates from commercial banks.

Can the state Invoke a defence of "No Bud­get No Pay" to a service provider's claim? A recent Supreme Court of Appeal (SCA) decision addressed this question.

Establishing a private Ecompany in South Africa has never been easier, what with an entire industry committed to new company registrations.

To provide jobs for the unemployed, the economy needs to grow. Investment in the construction, mining or agricultural sectors could provide a boost and attract much-needed foreign investment.

The Community Schemes Ombud Service Act, 9 of 2011 was passed by Parliament in 2011. It will come into force on a date to be determined by the President once the Regulations have been published. The Act will potentially bring about a change in the manner in which community schemes are managed in South Africa.

There has been a steady move to market goods and services online. Befire establishing an online presence, retailers should consider the laws regulating electronic transactions, consumer rights and data pretection to ensure that they are not exposed to unnecessary risks. Three key pieces of legislation that regulate online sales are the Electronic Communications and Transactions […]

For businesses that want to maintain and improve BEE rating under the general codes of good practice, securing black ownership is the key. One of the objectives of the Broad-Based Black Economic Empowerment Act is to facilitate a change in the racial composition of business ownership. In line with this, ownership holds the second-highest weighting […]

The proposed amendments to the Regulations of the Construction Industry Development Board Act should have significant consequences for the construction sector. One of the stated aims of the regulations is to deal with late payment by employers resulting in the potential for contractors and subcontractors to "fund" the employer's contruction project. Main contractors usually insert […]

The state has indicated it now intends to use statutory mechanisms to achieve land reform.  Currently before Parliament are the Expropriation Bill and the Promotion and Protection of Investment Bill. The state has also published a draft bill on the Preservation and Development of Agricultural Land. These bills are likely to be used by the […]

Employers sometimes express concern over the absence of letters of appointment in their business, often voicing uncertainty over the consequences. Some employers also confuse the concept of a letter of appointment with that of a contract of employment. Firstly, it is important to understand and appreciate that the existence of an employment relationship is not […]

If you have just sold your home and put in an offer for your dream home, what would happen if the purchaser of your existing home did not follow through with the sale? Revovering your lossed where you have cancelled the sale due to the purchaser's breach cab be a costly and time consuming exercise. […]

It is not uncommon for a property to be subject to a servitude in favour of a neighbouring property. A servitude can take a number of forms, amongst others, a right of way servitude giving the holder of the servitude the right to cross the other property or a pipeline servitude giving the holder of […]

Importers and exporters are often left without recourse to challenge container demurrage bills incured by shipping lines through no fault of their own. However, recent developments in London have raised som issues to take note of. Container demurrage is often viewed as a contractural penalty charged by shipping lines where generally speaking, the re-delivery of […]

The 2008 Companies Act created the Takeover Regulation Panel to regulate certain transactions affecting companies. The main purpose of the Panel is to look after the interests of minority shareholders by ensuring that certain information is available to shareholders whenever a company takeover occurs. With this information,shareholders can fully consider their position and make an […]

In terms of Section 15 (1) of the Matrimonal Property Act 88 of 1984 ("the MPA"), both spouses have equal powers to deal with the assets of the joint estate, without the consent of the other spouse. This power is limited in terms of sections 15(2) and 15(3) of the MPA. It is a requirement […]

Acquiring a property gives rise to a number of costs. These include, amongst others, transfer duty or value added tax payable to the South African Revenue Services, conveyancing fees payable to the transferring attorneys, deeds office registration fees payable to the deeds office, advance payments of rates due to the municipality and levies due to […]

South African public construction projects are increasingly being funded by private entities by wasy of Private Public Partnerships (PPPs). PPPs are provided for in both national and municipal legislation, and can be defined as a contract between an organ of state and a private party which performs an institutional function or uses state property, and […]

Cox Yeats may have celebrated its 50th anniversary last year, but the firm’s fresh, innovative approach continues to keep it youthful and relevant. Having recently achieved its third PMR.africa Diamond Arrow Award for the Best Small Law Firm in South Africa, Cox Yeats’ story bears testimony to the power of solid foundations, a compelling vision […]