Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments

The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee

The parties to a construction contract often agree to the conclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project success. Where such an agreement is in place, the contractor procures an undertaking furnished by a guarantor, who is an authorised financial services provider, to pay a specified amount to the employer where the contractor (or subcontractor) fails to perform in terms of the contract. This undertaking is known as a performance guarantee.

Capacity building and fostering expertise in international arbitration in Africa

The central theme of the Johannesburg Arbitration Week 2024 (JAW) was showcasing arbitration in Africa. This prompted engaging discussion and renewed calls for the Africanisation of international arbitration. This encompasses African disputes being arbitrated in Africa, presided over by African arbitrators, administered by African arbitral institutions, and argued by African lawyers. With expanding foreign direct investment in Africa and the expansion of BRICS to Egypt and Ethiopia, the calls to ensure that Africa has a voice in and imprint on the international arbitration proceedings it participates in are gathering momentum. This ensures that Africa’s unique priorities and experiences are sufficiently taken intoconsideration.  

Webinar Recording | Overview of the 2024 Budget Speech

Weeding out the fraudsters: Misrepresentation of qualifications

The South African employment landscape is littered with employees who have misrepresented their qualifications to achieve a higher status or make more money by being appointed to positions for which they would not have been eligible without thosequalifications. 

Rogue directors counting the grains in the hourglass

There are many famous quotes about the passage of time, and miscreant directors may well be pondering a number of these in light of recent developments regarding the time-barring of claims based on breach of duty.

Small town Regional Court ruling has big-time environmental liability consequences for a company director

The long-standing yet seldomly relied upon director liability provision – section 34(7) in the National Environmental Management Act 107 of 1998 (NEMA) – finally bared its substantial teeth in a court order that was handed down by Magistrate RM Nkuna on 21 September 2023 in the Phalaborwa Regional Court against Southern Sky Hotel and Leisure (Pty) Ltd (Southern Sky), the previous owner of the Hans Merensky Hotel, Golf and Spa and its sole director, Shamira Rinderknecht (Rinderknecht).