Joint venture bids are now common in competitive procurement, in both the public and the private sector. More and more, buyers ask bidders to join forces so they can pool skills, show stronger balance sheets, and meet set ownership rules, such as minimum local ownership or participation by minority or SME partners. Getting the structure
Christina Pretorius
Draft King V introduces Disclosure Template
By Christina Pretorius on
In the ever-evolving landscape of corporate governance, transparency has become the focus of reporting. The format of such reporting has traditionally been narrative in nature – the company prepares a few paragraphs to explain compliance. In the recently published draft update of the Report on Corporate Governance for South Africa (referred to as the draft…
SCA sets aside Final Liquidation without a Provisional Order.
By Christina Pretorius on
This blog is co-authored by Sakhile Ngobe, a candidate attorney.
On 30 May 2025, the Supreme Court of Appeal (SCA) set aside a final winding-up order granted by the high court where the CIPC and the court had not followed the correct steps in the liquidation process.
The company in question is a public company…
MOI Can Govern Director Removal Beyond Section 71 and 162 of the Companies Act
By Christina Pretorius on
This blog is co-authored by Justine Subramoney, a candidate attorney.
A Company’s Memorandum of Incorporation or MOI is its most important document. However, section 15 of the Companies Act provided that an MOI must be consistent with the Act and any clause that is not will be void to the extent it is not. In…
Setting the Record Straight: Shareholders Don’t Need to Give Reasons for Removing Directors
By Luke Schooling & Christina Pretorius on
The Companies Act, 2008 (Act) makes provision for shareholders to remove directors by ordinary resolution. Although the Act requires that notice of such a decision be given to the affected directors, and that the affected director may make representations at the shareholders meeting, the Act does not require reasons for the proposed removal…