The interdependence of agreements when concluding dealings

The interdependence of agreements when concluding dealings

This article examines Prokas NNO and Others v Zoviflo (Pty) Ltd (61/2024) [2025] ZASCA 18 (13 March 2025) where the central question before the court was whether a Joint Venture Agreement (JVA) and a Nominee Shareholders Agreement (NSA) were interdependent.

Read More  
Shareholders’ Right to Remove Directors Without Reasons in terms of section 71(1) and (2) of the Companies Act, 2008

Shareholders’ Right to Remove Directors Without Reasons in terms of section 71(1) and (2) of the Companies Act, 2008

​This article examines the Western Cape High Court’s decision in Jonathan Philip Weir v Wiehahn Formwork Solutions (Pty) Ltd and Others (Case No. 19494/2024) [2025] ZAWCHC 74; [2025] 2 All SA 938 (WCC); 2025 (4) SA 637 (WCC), where the central issue was whether shareholders are legally required to provide reasons for the removal of a director under sections 71(1) and (2) of the Companies Act, 2008 .

Read More  
Enforcing Contractual Security: Lessons from Nndwammbi N O and Others v Sematra and Others

Enforcing Contractual Security: Lessons from Nndwammbi N O and Others v Sematra and Others

The High Court has reaffirmed the sanctity of written agreements and the strength of secured creditors’ rights in South African law. In a recent judgment, Nndwammbi N O and Others v Sematra and Others (2020-42224) [2025] ZAGPJHC 864 (25 September 2025), the court granted decisive relief to the Sasol Siyakha Enterprise and Supplier Development Trust, allowing it to perfect its security and repossess assets pledged under a Special Notarial Bond following a borrower’s default. The decision illustrates the importance of carefully drafted contracts, whole agreement clauses, and the strict approach courts take to attempts to evade clear obligations.

Read More  
Phuhlani Bafazi Construction v PRASA: Cession, Conduct, and the Limits of Public Procurement

Phuhlani Bafazi Construction v PRASA: Cession, Conduct, and the Limits of Public Procurement

The article delves into the intricacies of cession agreements within public procurement frameworks, exemplified by the case Phuhlani Bafazi Construction v PRASA.

Read More