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THINKING ABOUT A MERGER? THE COMPETITION ACT REQUIRES MORE THAN A COMPETITION ANALYSIS
A company finds a willing buyer. Its shareholders agree to sell. The buyer agrees to the price. The transaction makes commercial sense. In the South African context, however, this represents merely the baseline of the inquiry. The traditional approach to assessing a merger has been to focus on factors such as competition, market share and price. Section 12A of the Competition Act 89 of 1998 requires the Competition Commission and Competition Tribunal to consider the associate
6 days ago4 min read


The Evolving Law of Consent in South African Sexual Offence Cases
Sexual offences remain among the most serious criminal offences prosecuted in South Africa. The legal framework governing such offences is principally contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“the Act”), which came into operation on 16 December 2007. The Act represented a significant development in South African criminal law. Among other things, it replaced the former common-law definitions of rape and indecent assault with
Aug 207 min read


WHETHER A TENANT MAY WITHHOLD RENTAL WHEN A LANDLORD FAILS TO MEET LEASE OBLIGATIONS
In South African law, it is commonly known that rental is payable in arrears unless a lease agreement stipulates otherwise. Most lease agreements specifically prohibit a lessee from withholding rental, which alters the legal principle of rental being withheld in circumstances of a failure to perform by the landlord. This article serves to set out when a tenant may refuse to pay or withhold rental and further what the landlord’s rights are. Who are the parties to a lease? Prio
Aug 36 min read
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