By Courtney Kaplan, Olivia Sousa Höll, and Robin De Backer Introduction South Africa’s anti-corruption litigation environment in 2025 continued to evolve from a model that was historically centred on criminal prosecution alone into a blended enforcement ecosystem. That ecosystem now routinely combines criminal prosecution, procurement and legality review litigation, and asset recovery proceedings under the Prevention of … Continue reading Anti-Corruption Litigation in South Africa: Key Developments & the Road Ahead
Crypto Chaos: Regulatory Failures & the Fall of Mirror Trading International
By Astra Christodoulou Introduction Crypto assets have experienced a rapid popularisation since Bitcoin's creation in 2009, being the first crypto asset created. Crypto assets are of a decentralised nature, meaning they operate without a central authority.Which allows for peer-to-peer transactions that are borderless and largely irreversible. While the nature of crypto assets lends itself to providing efficiency and being financially inclusive, it also creates significant fraud risks. Without traditional intermediaries as are found in centralised financial infrastructures, regulatory … Continue reading Crypto Chaos: Regulatory Failures & the Fall of Mirror Trading International
Healthcare Under Scrutiny: Fraud Control, Algorithmic Bias, and Due Process in South Africa
By Holly Joubert Between 2023 and 2025, the South African (“SA”) healthcare system found itself balancing between two positions. On one end, the undeniable reality of rampant fraud, from syndicate procurement looting to fraudulent practitioners. On the other side, the medical care system is bound to the constitutional imperative for fairness, highlighted through the landmark … Continue reading Healthcare Under Scrutiny: Fraud Control, Algorithmic Bias, and Due Process in South Africa
Pointing fingers at myself: Why an organ of state should not rely on its own unlawful conduct to avoid compensating innocent contracting parties
By Brandon Cole On 2 October 2024, the Constitutional Court handed down a significant judgment addressing a just and equitable remedy under Section 172(1)(b) of the Constitution. The case exemplifies a broader phenomenon in which organs of state, including the applicant in this matter, the Greater Tzaneen Municipality, attempt to rely on their own unlawful … Continue reading Pointing fingers at myself: Why an organ of state should not rely on its own unlawful conduct to avoid compensating innocent contracting parties
Don’t Jump the Gun: Substantial Implementation Notices in Business Rescue Proceedings
By Brandon Cole In a recent decision handed down by the High Court of South Africa, Western Cape Division, Cape Town, on 16 August 2024, the court granted an interdict preventing the business rescue practitioner of Cambridge Services (Pty) Ltd from filing a notice of substantial implementation of the published and approved business rescue plan … Continue reading Don’t Jump the Gun: Substantial Implementation Notices in Business Rescue Proceedings
Understanding Draft PCC 121A: A New Chapter in Beneficial Ownership.
By Brandon Cole Introduction On 14 June 2024, the South African Financial Intelligence Centre (FIC) issued draft public compliance communication 121A (PCC 121A) for a second round of consultation. This draft aims to provide comprehensive guidance on the definition of beneficial ownership and the practical application of section 21B of the Financial Intelligence Centre Act, … Continue reading Understanding Draft PCC 121A: A New Chapter in Beneficial Ownership.
Who is a ‘Creditor’? Post-Commencement Creditors’ Voting Rights Under Section 152 of the Companies Act
By Brandon Cole In the pivotal judgment of Wescoal Mining (Pty) Ltd v Mkhombo N.O and Others,[1] the Johannesburg High Court has taken a significant stance on the rights of post-commencement creditors in business rescue proceedings, particularly concerning their ability to vote on a business rescue plan as outlined in Section 152 of the Companies … Continue reading Who is a ‘Creditor’? Post-Commencement Creditors’ Voting Rights Under Section 152 of the Companies Act
The Section 218(2) Conundrum? Navigating Director Liability with Insights from Venator Africa (Pty) Ltd v Watts and Another
By Brandon Cole In a recent judgment by the Supreme Court of Appeal of South Africa (“SCA”) on 24 April 2024, the case of Venator Africa (Pty) Ltd v Watts and Another[1] (“Venator Africa) has clarified and redefined earlier interpretations of section 218(2) of the Companies Act 71 of 2008 (“the Act”). Section 218(2) reads … Continue reading The Section 218(2) Conundrum? Navigating Director Liability with Insights from Venator Africa (Pty) Ltd v Watts and Another
Who Owns What? Mandatory publication of companies’ beneficial owners in RSA
The CIPC's new beneficial owner registry: An effective mechanism to combat illicit flow of funds or another wasted opportunity? By Jemma Muller and Nicola Taljaard, Primerio On 1 March 2023, the South African Companies and Intellectual Property Commission (“CIPC”) announced its plan to establish a register of beneficial ownership (“BO”), which would be implemented upon … Continue reading Who Owns What? Mandatory publication of companies’ beneficial owners in RSA
Greyed-Out by FATF: South Africa officially placed on the grey-list; where to from here?
By Jemma Muller and Tyla Lee Coertzen Despite the noteworthy progress South Africa has made in response to the deficiencies identified in the Financial Action Task Force’s (“FATF”) Mutual Evaluation Report released in June 2021, the FATF placed South Africa on the ‘grey-list’ on 24 February 2023. In order to understand the consequences of being … Continue reading Greyed-Out by FATF: South Africa officially placed on the grey-list; where to from here?
Anti-Fraud & Corruption Law in Africa 