- Higher jurisdictional thresholds for mandatory notification (intermediate and large mergers);
Corporate
Merger control: update on test for intervention in large merger proceedings
Want to intervene in large merger proceedings? Here is what you must show.
In February 2026, the Constitutional Court confirmed the test for intervention in large merger proceedings. The court found that a prospective intervener must show either a material interest in the proceedings or a reasonable prospect of assisting the Competition Tribunal.
This case…
Directors and Shareholders May Not Represent Their Company in Court Without Leave of the Court
This blog is co-authored by Sayshan Moodley, a candidate attorney.
A director, shareholder or member may not legally represent a juristic person in court unless they are an admitted and enrolled attorney or advocate. This rule may only be relaxed where the court grants leave in exceptional circumstances.
In a recent High Court matter, the…
Excluding Preference Shares from BEE Ownership Calculations and the Rule
- exercisable voting rights;
- economic interest (being a right akin to dividends); and
- net value (i.e. the
Drones in South Africa’s Draft Airfreight Strategy (2025): What Changes, Why It Matters
This blog is co-authored by Eric Geldenhuys, candidate attorney.
The Department of Transport’s Draft Airfreight Strategy, 2025 puts drones at the centre of a more efficient, and inclusive logistics system and signals concrete regulatory reforms that will reshape how unmanned aircrafts operate. The draft strategy maps the next phase of South Africa’s drone law evolution…
The South African Empowerment Framework: It’s Not All BEE Out There
- Ownership;
- Management control;
- Skills development;
- Enterprise and supplier development; and
Restraints of trade in franchise agreements: What a new judgment means for your business
24 October 2025
Galito’s Mobile (Pty) Ltd v Tetz Investment (Pty) Ltd and Others, High Court (Limpopo Division), (unreported) 22 October 2025 tested the enforceability of restraint of trade clauses in a franchise agreement after a franchise relationship broke down. The court dismissed the franchisor’s bid to prevent former associates from operating as a competitor…
Tenders should not always be awarded to the highest-ranked bidder
In a judgment handed down on 1 October 2025, the Supreme Court of Appeal ruled that the lack of collective capacity of the highest-ranked bidder across multiple related tenders was an objective consideration that justified the award of some of the tenders to the next-ranked bidders.
The matter arose from seven tenders issued by the…
Competition regulators clamp down on vertical restrictions across Africa
Co-authored by Adriaan Lourens (candidate attorney) and Mohammed Dada (candidate attorney)
Earlier this year, the Committee responsible for Initial Determinations (CID), the adjudicative arm of the COMESA Competition Commission (CCC), approved a significant settlement reached between the CCC and a large multinational beverage company. This settlement follows an investigation by the Secretariat, the investigating arm…
Structuring for a joint venture bid
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…