Cassim, Maleka Femida2016-05-062016-05-062007Cassim, MF 2007, 'Pre-incorporation contracts : the reform of Section 35 of the Companies Act', South African Law Journal, vol. 124, no. 2, pp. 364-399.0258-2503 (print)1996-2177 (online)http://hdl.handle.net/2263/52520This article was written by Maleka Femida Cassim before she joined the University of Pretoria.‘The conundrum of the pre-incorporation contract has taxed some of the finest legal minds. If one should judge by results, it is probably true to say that it has defied them . . . courts in England and other Commonwealth countries have seemed to attach less importance to effecting justice and more to attempting to fit round pegs into square legal pigeon-holes, so that ultimately, in virtually all jurisdictions, it has been necessary to rescue the lawyers from the dilemma that their own fictions have created by having recourse to legislative solutions.’enJuta LawPre-incorporation contractJudgeLawyersLegislative solutionsCompanies Act 61 of 1973Article