Category Archives: 2018

Tender Procedures – The unfair treatment of tender bidders. A summary of CTP JV and another v The Director-General Department of Basic Education and another (447/2018) [2018] ZASCA 156 (20 November 2018)

On 20 November 2018, the Supreme Court of Appeal upheld an appeal against the decision of the Gauteng Division of the High Court (Pretoria), in which it was held that the decision of the Director – General of the Department of Basic Education to award the tender to Lebone Consortium, to provide the printing, packaging… Continue Reading

Anti-doping in Sport: an analysis of the Bibo Ruling. By Mpho Sethaba and Nicholas Potgieter

As we have witnessed over the years, doping has and continues to be a scourge on professional sports both locally and internationally. The World Anti-Doping Agency (“WADA”) was established in 1999 to promote, co-ordinate and monitor the fight against doping in sport in all its forms. In order to realise the aforesaid purpose, WADA established… Continue Reading

YES can help your company increase its BEE Level

The Youth Employment Service (YES) Initiative became part of the BEE Codes on 28 August 2018.  The YES Initiative enables an EME, QSE or larger (Generic) entity to enhance its BEE Level by 1 or 2 levels if it provides jobs for young black people. In summary: Code 000 (General Principles and the Generic Scorecard) of… Continue Reading

Is Your Company At Risk Of Inappropriate Workplace Behaviour? By Lisa-Anne King and Megan Anthony – Labour Department

Inappropriate workplace behaviour has become a hot topic with issues such as sexual harassment, workplace bullying and social media misconduct being in the spotlight.  This has resulted in a number of companies having to become introspective in order to ensure that their workplace behaviour policies and procedures are up to date and in compliance with… Continue Reading

What now to set aside a directors’ resolution placing a company in rescue – by Colin Strime

1. This topic again came before the Western Cape High Court, in the reported decision of Alderbaran (Pty) Ltd v Bouwer 2018 JDR 0587 (WCC) (per Judgment dated 22 March 2018). 2. The Honourable Davis J. following on the SCA decision of Panamo Properties (Pty) Ltd & Another v Nel N.O & Others stated that… Continue Reading

The Enforceability of a ‘No Contest’ Clause? By Jayde Vaughan and Nqobile Dlamini Assisted by Michael Bloom

The Enforceability of a ‘No Contest’ Clause? If you’re afraid that someone might challenge the validity of your will or trust in court after your death, you may be tempted to add what’s called a ‘No Contest’ clause to your document. A ‘No Contest’ clause is a provision in a will that penalizes those who… Continue Reading

Breach of Contract: The Doctrine of Election and the Doctrine of Repentance by Kevin Van Huyssteen

Lawyers are, in some respects, a rather biblical lot, seeking divine inspiration to solve the problems of humanity, calling Judges Lords and, more latterly, resorting to the concept of repentance in the law of contract. It is fundamental that when an innocent party is faced with a breach of contract by another party, the innocent… Continue Reading