Category Archives: Articles

Update on Competition Law: Competition Amendment Act. By Bobedi Seleke

On 12 July 2019 certain provisions of the Competition Amendment Act, No 18 of 2018 (the “Amendment Act”) came into effect following a presidential proclamation.  The Amendment Act introduces significant changes which seek to address concentration of ownership and to promote the participation in markets of small and medium businesses (“SMEs”), and firms controlled by… Continue Reading

Recent case law pertaining to the national credit act with reference to instalment sale agreements and section 129 notices by Trevor Simon

In the judgment of Amardien and Others vs Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47, the Constitutional Court was asked to determine 2 issues:-   1.1.   What is the legal effect of a late recordal of an instalment sale agreement with the Registrar of Deeds upon a seller and purchaser in terms of… Continue Reading

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

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

National Credit Amendment Bill 2018

By  the end of March 2017, it was recorded that out of the 24.68 million consumers who are credit-active in South Africa,  9.69 million consumers had impaired1 credit records. Despite the existing mechanisms for debt review and debt administration procedures, it was found that a large portion of debtors remain in a debt trap.  … 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