Our Law Blog

Starting a business in South Africa is an exhilarating journey. But as any seasoned entrepreneur will tell you, the "honeymoon phase" between business partners doesn’t last forever. Whether it’s a disagreement over direction, a partner wanting to leave, or an unexpected life event, your business needs a safety net. That safety net is a Shareholder Agreement . While the Companies Act provides a basic framework, it is often too general for the specific needs of a Small to Mediu

Bridging the Divide: From Legal Theory to Real-World Precision In South Africa’s dynamic commercial landscape, having a law degree or legal knowledge is just the starting point. The true measure of a legal professional or a savvy business owner lies in their ability to translate complex regulations into clear, compliant, and commercially viable legal documents. This is the infamous "gap" many professionals face: the disconnect between academic theory and the practical art of

In today’s competitive business environment, ideas and information are valuable assets. A Non-Disclosure Agreement (NDA) ensures that your sensitive business information, trade secrets, and future plans remain protected. What is an NDA? An NDA is a legally binding agreement that restricts the disclosure of confidential information. It can be one-way (only one party shares information) or mutual (both parties share information and agree to confidentiality). When to Use an NDA

Starting a business is exciting, but missing key legal steps can put your startup at risk before you even begin trading. This guide walks entrepreneurs through the essential legal steps to ensure their business is protected from day one. 1. Register Your Business Properly Decide whether to register as a (Pty) Ltd, partnership, or sole proprietorship. Your choice affects liability, taxation, and growth opportunities. A (Pty) Ltd often offers protection against personal liabil

What is a Memorandum of Understanding? An MOU is generally a preliminary document outlining the intentions of parties to collaborate. It is usually not legally enforceable and sets the stage for a more formal contract . When to Use an MOU Use an MOU during the negotiation phase, when you want to formalize the intent to cooperate without creating legal obligations. It helps clarify expectations and responsibilities before committing to a binding agreement. When a Contract is N

Most people sign contracts without fully understanding what they’re agreeing to. Whether it’s a service agreement, supplier contract, or partnership deal, missing the fine print can lead to disputes, financial loss, or even litigation . At Legal Drafters, we help business owners and entrepreneurs decode contracts and spot the red flags before it’s too late. Step 1: Identify the Parties and Purpose The first thing to do when reading a contract is to clearly identify who is bou

South Africa's Protection of Personal Information Act (POPIA)  sets a high standard for how businesses must handle the personal information of their customers, employees, and partners. Compliance isn't just a matter of internal policies; it's crucially embedded in the contracts  you sign with other entities, particularly those who process personal data on your behalf. POPIA makes a clear distinction between the Responsible Party  (the entity that determines the purpose and me

Contracts are a fundamental part of life, whether you're signing a lease, taking a new job, or hiring a contractor. They're designed to protect all parties, but sometimes, a document can contain unfair clauses —terms that heavily favour one side and could leave the other vulnerable. Knowing what to look for can save you a significant amount of stress and money down the line. What Makes a Clause "Unfair"? A clause is generally considered unfair if it creates a significant imba

In the dynamic landscape of South African employment law, ensuring fair disciplinary processes is not just a best practice, it's a legal...

Whether you're hiring your first employee or starting a new job, understanding the basics of employment contracts in South Africa is...

Launching a startup is exhilarating but behind every great idea lies a stack of legal tasks you can’t afford to ignore. Miss one, and...

Navigating the legal landscape can be a daunting and expensive process. It's no surprise that many individuals and small businesses turn...

Contracts are full of “legal fine print” and it’s often in those hidden clauses where business owners get trapped. Whether you’re signing...

Drafting airtight contracts is essential for businesses and individuals in South Africa to ensure legal clarity, minimize disputes, and...

In South Africa, one poorly drafted contract can sink a business deal or worse, lead to years of legal battles. From vague payment terms...

Here is our list of the most crucial terms to understand when starting a business. Memorandum of incorporation (MOI) MOI is the founding...

In South Africa you can buy a property in one of the following ways: Natural Person (individual) FACTORS TO CONSIDER - There is a risk...