Commercial law

Deals done, risks checked.

A short guide to commercial law in South Africa: what it covers, how contracts are drafted, and how shareholder, sale, and dispute matters are handled.

What is commercial law?

Commercial law is the body of law that governs business and trade. It covers the formation and operation of companies, the agreements that businesses enter into, the sale of goods and services, and the resolution of disputes that arise in the course of commerce.

For a small or growing business, commercial law touches almost every decision: how the company is structured, how it contracts with customers and suppliers, how it protects its intellectual property, and how it handles disagreements when they arise.

Our commercial work is practical and transaction-focused. We aim to keep deals moving while making sure the legal foundation is sound.

Drafting commercial contracts

A well-drafted contract sets out rights, obligations, payment terms, deliverables, and what happens if something goes wrong. It should be clear enough to be relied upon and robust enough to be enforced.

We draft and review a wide range of commercial agreements, including supply contracts, service agreements, licence and intellectual property arrangements, and terms of business. Particular care is taken with risk allocation, limitation clauses, and termination rights.

Good drafting prevents disputes. When a contract is ambiguous, both parties may believe they are in the right — and litigation becomes far more likely.

Shareholder and sale agreements

Shareholder agreements regulate the relationship between the owners of a company. They deal with decision-making, share transfers, deadlock, funding, and what happens when a shareholder wants to exit or is forced to leave.

Sale agreements — whether for shares or assets — require careful attention to warranties, indemnities, due diligence, and the mechanics of payment. A poorly structured sale can leave a buyer with hidden liabilities or a seller with unpaid consideration.

We advise on both sides of these transactions, helping structure deals that protect our clients' interests and align with their commercial goals.

Commercial disputes and business consulting

Disputes are sometimes unavoidable. When they arise, the focus should be on resolving them efficiently, whether through negotiation, mediation, arbitration, or litigation. The right strategy depends on the value at stake, the relationship between the parties, and the strength of the legal position.

Beyond disputes, we also act as a sounding board on business and entrepreneurial matters — from new ventures and partnership structures to risk management and regulatory questions.

The aim is always the same: clear advice that supports the business, protects its position, and keeps disruption to a minimum.

Advice

Commercial advice should keep the deal moving, not slow it down.

For contract drafting, shareholder agreements, sale transactions, or business consulting, get in touch.