FREE | Read the May 2025 edition of Business Law & Tax

For decades, the US has led the charge against corporate bribery, holding multinational companies accountable under the FCPA. The pause in enforcement does not repeal the law. Still, it signals a fundamental shift in the US Department of Justice’s  approach, potentially creating ripple effects across international compliance landscapes. We look at what the FCPA is and why this matters, as well as what this means for corporate compliance.

 Unfortunately, in SA crime and business have become intertwined in a society where life costs little and money is everything. The fabric of society is ripped asunder by these increasingly blatant acts of criminality, notably where punishment does not fit the crime or, even worse, when perpetrators get off scot free on a technicality. This then permeates the broader economy too, leaving victims with scars for life.

The Competition Commission recently published guidelines aiming to provide clarity on whether internal restructurings require prior approval from the competition authorities. This is an important development as businesses undergoing purely internal restructurings no longer need to wrestle with the uncertainty of whether such transactions should first be approved by the competition authorities. The debate on whether such transactions should be subject to competition approval before implementation has arisen in several cases before the competition authorities.

Artificial intelligence (AI) is transforming modern business, but not all usage of AI within an organisation is visible to internal governance structures, IT or risk management teams and could pose a risk to businesses if not actively monitored and controlled. The term “shadow AI” refers to AI tools that are adopted by employees or business units without the knowledge or approval of an organisation’s internal governance structures or IT department. Shadow AI can emerge when employees use AI tools, such as generative AI and other AI tools, outside the confines of official policies. While these tools often enhance efficiency and productivity, they introduce significant risks to organisations if they are used without proper checks and balances.

More on these stories and others, available in this month's Business Law & Tax.

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