The construction mafia

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public procurement would be an understatement. Litigation in this context almost invariably brings significant delays in public procurement. Those delays cost money and cause much frustration and inefficiency within public procurement, and are a significant contributor to the lack of service delivery. The unnecessary complexity in the public procurement regulatory framework often results in confusion that invariably leads to disputes.

CIPC Announcement on beneficial ownership

CIPC has once again issued a warning in connection with beneficial ownership filings. They notified the public yesterday that with effect from 1 July 2024, it will not be possible to file an annual return unless there has first been compliance with the requirement to submit a securities register and beneficial ownership information or beneficial interest information (as applicable).

Is any agreement capable of enforcement under the Labour Relations Act?

Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia , make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “ any settlement agreement ” should beadopted.  

Signs of a suretyship or grounds for a guarantee?

Given the recent move towards the electronic signature of agreements and other legal documents, there has been some debate around the signing requirements for a guarantee; specifically, whether the requirements applicable to the signing of a suretyship also apply to a guarantee.

The significant impact of our Pro Bono & Human Rights practice in 2023

Special Edition Alert | Budget Speech 2024