Legal Discourse

Our Directors are at the forefront of legal thought and debate in South Africa, and are frequently called on to give opinions on developing or important areas of law, and the potential impact of new legislation and regulations. Read a selection of their discourses here, on topics ranging from Procurement Law to Entertainment Law.

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The SIPDM: How Infrastructure Planning Can Prevent Contractors From Downing Tools

Construction Law & Engineering Law . 24 Aug 2017

Public sector infrastructure development is one of the most critical components to ensuring service delivery; employment opportunities in the country as well as economic transformation of those who we [...]

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Organs of State Beware: Compliance with the Standard for Infrastructure Procurement and Delivery Management is Obligatory

Procurement Law . 31 Jul 2017

As of 1 July 2016, all organs of state were required to have established and adopted a supply chain management policy for infrastructure procurement and delivery management. This requirement is in ter [...]

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The preferential procurement regulations – The ultra vires debate negated

Procurement Law . 09 Apr 2017

Undoubtedly the Preferential Procurement Regulations 2017 (“the Regulations”) are a breath of fresh air in the campaign to redress South Africa’s historical inequalities through government procu [...]

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The preferential procurement regulations 2017

Procurement Law . 02 Apr 2017

A step in the right direction towards achieving radical economic transformation.

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Settlement agreements: when are they enforceable?

Constitutional & Administrative Law . 24 Mar 2016

First published in the October 2016 edition of Without Prejudice. Nkosenhle Mzinyathi In a contrasting judgement in April, in the matter of Compensation Solutions (Pty) Ltd v/s The Compensation Commis [...]

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Is South Africa’s Nuclear Energy Legal Framework Adequate For The New Build Programme?

Energy and Environmental Law . 23 Mar 2016

Concerns around the instability of the price of coal, reserve depletion and global warming, have necessitated that South Africa and many other countries re-think their energy strategy and move away fr [...]

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Is it an impossible feat to address the woes of the apartheid legacy through public sector procurement?

Procurement Law . 04 Mar 2016

The advancement of persons disadvantaged by discriminatory laws of our past has long been an objective recognised by the founding fathers of our current Constitution.

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Corporate Law – Companies Act

Commercial & Corporate Law . 03 Mar 2016

"To establish a legislative framework for the promotion of economic empowerment; to empower the Minister to issue Codes of good practice and to publish transformation charters; to establish the Black [...]

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The Municipal Finance Management Act: Procurement through non-competitive bidding

Procurement Law . 01 Mar 2016

"When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accord [...]

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The Consumer Protection Act: Quality Service

Commercial & Corporate Law . 02 Feb 2016

The Consumer Protection Act 68 of 2008("the CPA/this Act") came into force on 01 April 2011. This Act has transformed South Africa into a consumers' paradise.

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The Consumer Protection Act: Impact on the Entertainment Industry

Entertainment Law . 01 Jan 2016

The Consumer Protection Act 68 of 2008("the CPA/this Act") has been termed a Bill of Rights for South African consumers as it has radically tilted power in their favour.

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CONSTRAINTS ON SHAREHOLDERS’ RIGHT TO REMOVE DIRECTORS AT STATE OWNED COMPANIES

Commercial & Corporate Law . 12 Mar 2017

We have recently witnessed various media reports pertaining to the removal of directors of state-owned companies (“SOCs”) at both public and municipal entities. It is in the public interest to cla [...]

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