Lisa Boogaard

Corporate Governance & the King IV Code

The Committee on the Financial Aspects of Corporate Governance, chaired by Adrian Cadbury, describes corporate governance as ‘the systems by which companies are directed and controlled’. Corporate governance includes the rules, practices and procedures of the Company which are meant to govern corporate behaviour. It seeks to balance the interests of its various stakeholders such …

Corporate Governance & the King IV Code Read More »

Contractual Damages in South African Law

Legal Principles impacting Contractual Damages The well-known principle in the legal profession providing that contracts freely entered by parties with capacity to do so are to be enforced (Pacta Sunt Servanda) has an influence on the determination of contractual damages in that the damages are intended to restore a plaintiff’s financial position to that which …

Contractual Damages in South African Law Read More »

Prior Authorisation
Section 57 and 58 of the Protection of Personal Information, 2013 (“POPIA”)

Prior Authorisation Section 57 and 58 of the Protection of Personal Information Act, 2013 (“POPIA”) On the implementation of POPIA, there was some confusion as to when prior authorisation applies in the processing of personal information.  To err on the side of caution, one may have been tempted to apply in order not to end …

Prior Authorisation
Section 57 and 58 of the Protection of Personal Information, 2013 (“POPIA”)
Read More »

Company Law in South Africa & Corporate Governance of Companies

The commencement of the Companies Act 71 of 2008 (“the Act”) in May 2011 saw the introduction of legislation which was aimed at amongst other things, promoting growth and investment in South Africa. Previous legislation was found limiting in this regard. The Act addresses certain statutory corporate governance obligations for South African Companies.  Corporate governance …

Company Law in South Africa & Corporate Governance of Companies Read More »

Contract Law in South Africa & Practicing as a Contract Law Attorney

In modern Roman-Dutch law of South Africa a contract may be defined as: An Agreement, (arising either from true or quasi-mutual assent) which is or is intended to be enforceable by law.The following popular statement has often been repeated in respect of the doctrine of quasi-mutual assent adopted from English law of contract “If, whatever …

Contract Law in South Africa & Practicing as a Contract Law Attorney Read More »

Enforceability of Restraints of Trade in South African Law

South African case law has overtime considered important policy considerations and legal principles in the enforcement of Restraints of Trade. These include: Contracts freely entered into by parties with capacity to do so are to be enforced (Pacta Sunt Servanda). The importance of competition in our economy. Section 225 of the Constitution of the Republic …

Enforceability of Restraints of Trade in South African Law Read More »