<p>Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts&rsquo / unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect.</p>

<p>Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts&rsquo / unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect.</p>

Magister Legum - LLM (Public Law and Jurisprudence) / Prior to 2010, as a result of a sluggish global economy, the amalgamation and merger procedure in South Africa was active although it was at an all-time low.1 However, in 2010, there was an increase in amalgamation and merger activity in South Africa which was more pronounced in cross-border deals in South Africa and general corporate restructurings.2 As a result of this, as well as the developed infrastructure that was placed in preparation for the FIFA 2010 World Cup, the country attracted more and more foreign markets to invest in South Africa which contributed to the increasing rate of amalgamations and mergers.3 Nevertheless, the global recession has also contributed to the increase in amalgamations and merger activity as many companies in South Africa have merged to buck the negative trend that most companies find themselves in, increase their revenue and work with each other to advance the position of the company on a par with those of its competitors. However, there are various other reasons as to why companies consolidate their assets and liabilities. Recently, Tiso Blackstar, a merged investment holding company, consolidated their assets, liabilities and skills between Blackstar Plc and Tiso Investment Holdings to expand its operations and to seek investment opportunities in Africa which is boasting with economic growth.4 The company was of the opinion that the merger would not only enhance its scale and profitability, but it would also put the group on a new growth path.5 There are many benefits in which companies may reap from amalgamations and mergers, but elucidating them is beyond the scope of this research.

Magister Legum - LLM / Since the pactum de non cedendo is prohibitory by its nature and operation, our law should have proceeded with caution when determining its effect. This, unfortunately, is not what transpired in the locus classicus decision. Nor did subsequent cases correct this fatal ratio. The distressing truth is that the old authorities, upon whom the locus classicus judgment is based, were in all probability not writing about pacta de non cedendo. Strangely enough, when this was suggested by an academic in the field, it elicited no response. The lack of response evidences a lack of interest in the topic in general, partly due to the uncertain state of affairs in which the pactum de non cedendo operates, and partly due to the courts' unwillingness to rectify the situation. Despite the waning interest, the pactum de non cedendo is prevalent and appears in many types of contracts, most recently in the powerhouse factoring industry, and cannot simply be swept under the rug. This dissertation breathes new life into the pactum de non cedendo and discusses its validity and effect from a fresh perspective: A commercial perspective with a strong influence from American law. Hopefully this re-evaluation of the pactum de non cedendo will re-capture the attention of academics and judges alike, so that those in the position to do so, will re-consider its validity and effect. / South Africa