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Doing Business in South Africa outlines some of the principal matters that will affect an overseas entity that proposes to establish and carry on business in South Africa.

Topics covered include:

  • Establishing a legal entity
  • Tax
  • Black economic empowerment
  • Exchange control
  • Anti-bribery and corruption
  • Intellectual property

All of the information included in this guide is for informational purposes only and may not reflect the most current legal and regulatory developments, judgments or settlements. This information is not offered as legal or any other advice on any particular matter.

This guide is not intended to be a comprehensive exposition of all matters that may arise when doing business in South Africa, nor of the law relating to the matters discussed. Baker McKenzie disclaims all liability to any person in respect of anything done and the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or part of this guide. Before any action is taken or decision not to act is made, specific legal advice should be sought in light of the relevant circumstances and no reliance should be placed on the statements made in this guide.

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Author

Morné van der Merwe is the managing partner of Baker McKenzie's Johannesburg office and heads its Corporate and M&A Practice Group. He is recognised as a leading lawyer in South Africa by Chambers Global, Legal 500 and IFLR1000.

Author

Wildu du Plessis is a partner and head of Baker McKenzie's Banking & Finance Practice Group in Johannesburg. He also acts as the office's Africa Head. Wildu is regularly ranked as one of South Africa's leading banking and finance and capital markets lawyers and is recognized by Chambers Global 2016 and the Legal 500 2016.

Author

Lerisha Naidu is a partner in Baker McKenzie's Antitrust & Competition Practice Group in Johannesburg. She advises and represents international and domestic clients in mergers and acquisitions, prohibited practices (including cartel-related matters), and compliance and risk mitigation.

Author

Johan Botes is a partner and heads Baker McKenzie’s Employment Law Practice Group in Johannesburg. He focuses on employment law and labour relations and advises clients on industrial relations, employment negotiations, labour dispute resolution and change management. He also advises companies on organizational restructuring. Prior to joining Baker McKenzie, Mr. Botes was a director and partner at a leading South African law firm.

Author

Darryl Bernstein is a partner and head of Baker Mckenzie's Dispute Resolution and TMT Practice Groups in Johannesburg, where he advises on the resolution of complex commercial disputes, regulatory compliance and investigations as well as contentious and non-contentious communications, media, privacy and technology matters. Darryl co-founded disputes-focused firm Rudolph, Bernstein & Associates in 2008 before joining Baker McKenzie with his entire team at the end of 2012. He acts for a wide range of clients listed on the Johannesburg Stock Exchange and on various international exchanges, along with a number of global multinational technology companies, particularly regarding their expansion into Africa.

Author

Kieran Whyte is a partner in the Baker McKenzie's Johannesburg office. He has over 25 years' experience working in South Africa and Africa, with particular focus on energy and infrastructure projects. Kieran represents project sponsors, developers, contractors and lenders in complex greenfield and brownfield developments, advising on citing, permitting and regulatory concerns. He has advised on numerous first-in-kind projects associated with the South African government's Renewable Energy Independent Power Producers Procurement Programme. Kieran is experienced in all aspects of project development and is recognized in his field by legal directories including Chambers and Legal 500.

Author

Janet is a partner and head of the TMT industry group for the Johannesburg office. She has extensive expertise in the Telecommunication and Information technology sector, as well as the Media, Broadcasting and Entertainment industry.