Supply chains are the lifeblood of modern business. They connect suppliers, manufacturers, distributors, and customers. But they are also fraught with risks. For South African corporates, navigating these pitfalls requires not only operational vigilance but also compliance with laws like the Public Finance Management Act (PFMA), Municipal Finance Management Act (MFMA), Preferential Procurement Policy Framework […]
Legal Implications if School Students Fight on Campus
School fights may seem like disciplinary issues, but in South Africa they carry serious legal consequences. When learners engage in physical altercations, schools must balance discipline with constitutional rights, while parents and learners should understand the potential liability. Importantly, schools themselves can face liability if they fail to act reasonably to prevent or respond to […]
Legal Essentials for Selling on Online Platforms
Selling on global marketplaces like Amazon, eBay, and Takealot opens doors to millions of customers. But while the platforms make commerce easier, they also impose strict rules — and sellers must comply not only with marketplace policies but also with South African law. Ignoring these essentials can lead to disputes, penalties, or account suspension. Here’s […]
Important Aspects Required for Terms and Conditions for Online Platforms
For any business operating online — whether through a marketplace, e-commerce site, or service platform — Terms and Conditions (T&Cs) are essential. They set the rules of engagement, protect your business legally, and build trust with users. In South Africa, T&Cs must comply with laws such as the Consumer Protection Act (CPA), Electronic Communications and […]
Negotiating Online Marketplace Agreements Without Losing Leverage
Online marketplaces have transformed how businesses reach customers. Platforms like Amazon, eBay, and niche B2B exchanges offer incredible opportunities — but the agreements you sign with them can lock you into terms that erode profitability or expose you to unnecessary risk. The good news? Even in “standard” marketplace contracts, there are ways to negotiate without […]
How to Interrupt Prescription
Prescription can extinguish a debt after a set period — usually three years for ordinary commercial claims. For businesses, this means that if you wait too long to enforce your rights, you may lose them entirely. Fortunately, the law also provides mechanisms to interrupt prescription, effectively resetting the clock. Here’s how SMEs and corporates can […]
Handling Customer Complaints Without Triggering Legal Liability
Customer complaints are part of doing business. For SMEs, how you respond can determine whether a complaint becomes an opportunity to build trust or escalates into a costly legal dispute. In South Africa, mishandling complaints can trigger liability under the Consumer Protection Act (CPA), POPIA, or even common law. Here’s how to manage complaints strategically […]
Enforceability of a Restraint of Trade Clause after Dismissal
A restraint of trade clause is a contractual provision that restricts an employee from competing with their former employer or soliciting its clients and staff after leaving employment. Its purpose is to protect the employer’s proprietary interests — such as confidential information, trade secrets, customer connections, goodwill, and the stability of its workforce. Requirements for […]
Five Common Contract Clauses That Can Save Your Business in a Dispute
Contracts are the backbone of business relationships. They define expectations, allocate risks, and provide a roadmap when things go wrong. Yet too often, businesses sign agreements without paying close attention to the fine print. When disputes arise, the absence of key clauses can leave you exposed. Here are five essential clauses that can protect your […]
Agreements to Agree Later: Are They Enforceable?
In business negotiations, parties often sign preliminary documents that record their intention to finalise terms at a later stage. These are sometimes called “agreements to agree” or agreements in principle. While they can be useful for setting a framework, they raise serious questions about enforceability. What is an Agreement to Agree? The Legal Problem: Certainty […]
