POSTING PICTURES WITHOUT CONSENT – WILL IT LAND YOU IN TROUBLE?
Introduction On the 13th July 2021 the Information Regulator of South Africa (the “Regulator”) released a media statement warning the public against the processing of personal information of data subjects without their consent. This came about as photographs of former...
WAIVER OF A RIGHT OR OBLIGATION IMPOSED BY THE TERMS OF A CONTRACT
Background: One often reads a clause along the following lines in agreements: “The suspensive condition is inserted for the sole benefit of Party 1 and may therefore only be waived by Party 1 in writing.” What does it mean when such a clause is included in a contract?...
SHAREHOLDING STRUCTURES: THE UTILISATION OF DIFFERENT CLASSES OF ORDINARY SHARES
R Jooste and J Yeats in the second edition of Contemporary Company Law states that a company has “almost unlimited freedom to create the capital structure it desires and in so doing to structure the rights of each of its various classes of shares in an almost infinite...PRIVATE COMPANIES AND SOCIAL AND ETHICS COMMITTEES
Background: The Companies Act No. 71 of 2008 requires every state-owned company, every listed public company and any other company with a public interest score which exceeds 500 points in any 2 of the previous 5 years (“Threshold”), to appoint a social and ethics...