Business Enterprises Law examines the legal framework governing the various forms through which business activity is conducted in South Africa. The module provides a structured introduction to the principal business structures available to entrepreneurs and investors, partnerships, close corporations, business trusts and companies, before focusing in depth on company law as regulated primarily by the Companies Act 71 of 2008 and its recent 2024 amendments. Core themes include the doctrine of legal personality and its limits; the formation and constitutional documents of companies; the roles and duties of directors and other organs of a company; corporate governance under the King IV framework; the regulation of corporate capital and financial assistance; and the legal dynamics of groups of companies. The module situates these doctrinal foundations within the broader context of contemporary corporate governance concerns, drawing on landmark South African case law and recent corporate scandals, including Tongaat Hulett, Steinhoff and Eskom, to illustrate the practical significance of directors鈥 duties, shareholder rights and accountability mechanisms. Students are equipped not only to understand and apply the relevant statutory provisions but also to engage critically with ongoing reforms and the evolving relationship between law, ethics and responsible corporate conduct.
