https://www.bizcommunity.com/196/547.html South Africa Corporate & Commercial Law news 15 Corporate & Commercial Law news - South Africa https://www.bizcommunity.com/res/img/logo.gif https://www.bizcommunity.com/196/547.html en-us Mon, 24 Aug 2026 09:11:17 +0200 https://www.bizcommunity.com/article/can-a-party-be-forced-into-adjudication-if-the-contract-says-the-parties-must-mediate-first-967764a Most construction contracts provide for some form of multi-tiered dispute resolution. This is typically mediation or negotiation as a first step, followed by adjudication, arbitration or litigation if the initial step fails. In practice, parties in a hurry to enforce a payment claim sometimes bypass the first tier altogether and proceed directly to adjudication, on the assumption that the adjudicator will simply determine his own jurisdiction and press on. But what happens when the other party objects, insists on mediation, and refuses to participate in an adjudication that was never properly triggered? 1-270954 Wed, 19 Aug 2026 12:08:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/when-ai-meets-popia-in-the-workplace-what-hr-and-recruiters-need-to-know-634461a The use of AI in human resources necessarily involves the processing of personal information – from curricula vitae and interview recordings to biometric data, medical certificates in support of sick leave applications and performance metrics. 1-270911 Tue, 18 Aug 2026 12:57:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/kenya-regulator-demands-115m-reserve-in-diageo-eabl-deal-745922a Kenya's competition regulator has proposed that East African Breweries Ltd set aside as much as 15 billion Kenyan shillings ($115m) in reserve funds before approving Diageo's sale of its majority stake in the brewer to Japan's Asahi Group Holdings, Kenya's Business Daily newspaper reported on Monday. 1-270882 Mon, 17 Aug 2026 16:40:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/retrenchment-process-when-are-competitive-interviews-fair-412609a South Africa is in the grip of a retrenchment wave cutting across every part of the economy, with high-profile section 189 processes playing out in media, manufacturing and retail alike. From newsrooms to factory floors, employers are being forced to ask the same hard question: how do you cut a workforce down to size without the process itself becoming unfair? 1-270865 Mon, 17 Aug 2026 12:28:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/women-dont-need-more-laws-they-need-better-implementation-967024a Partner and corporate M&A attorney at Bowmans, Lerato Thahane explains that what drew her to law was not simply law itself: "It was the opportunity to solve difficult problems, help people make bold decisions, and contribute to building businesses that create jobs, investment and long-term economic growth." 1-270794 Thu, 13 Aug 2026 16:44:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/numsa-wins-bid-to-block-liquidation-of-diamond-mine-290697a The Northern Cape High Court has set aside the liquidation of Ekapa Minerals and placed it into business rescue. This comes after Numsa challenged the liquidation and proposed a rescue plan that includes a R25-million deal with controversial diamond-dealing company Hall of Diamonds. The provisional liquidators of the mine have disputed the feasibility of the rescue plan and say the judgment has put the mine’s assets and infrastructure and the environment at risk. 1-270650 Tue, 11 Aug 2026 09:46:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/indemnities-and-indemnity-clauses-in-contracts-a-practical-legal-analysis-967424a Most commercial contracts contain indemnity clauses. Yet, despite their prevalence, relatively few contracting parties have a clear and structured understanding of what indemnities are, how they operate, or how to assess their significance within the context of a particular transaction. 1-270594 Thu, 06 Aug 2026 13:12:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/high-court-rules-pic-ceo-suspension-invalid-orders-reinstatement-189696a The Gauteng High Court on Tuesday, 4 August, declared Patrick Dlamini's suspension as CEO of the Public Investment Corporation (PIC) by its board "invalid", and ordered his reinstatement. 1-270548 Wed, 05 Aug 2026 13:55:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/sa-companies-face-new-scrutiny-over-executive-pay-reports-523480a Meeting minimum compliance standards won't guarantee success for South African businesses navigating their initial reporting period under the revised Companies Act remuneration rules. 1-270496 Tue, 04 Aug 2026 12:39:00 +0200 Bizcommunity Corporate & Commercial Law South Africa https://www.bizcommunity.com/article/new-tech-same-rules-why-modernising-wont-bypass-section-197-412399a Section 197 of the Labour Relations Act has long been one of the most misunderstood and misapplied provisions in South African labour law. Employers frequently assume that because a new contractor introduces different technology, different management structures or new operational methods, the incoming business is fundamentally different from its predecessor. 1-270485 Tue, 04 Aug 2026 10:51:00 +0200 Bizcommunity Corporate & Commercial Law South Africa