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.
LEGAL ANALYSIS OF COMMISSIONS OF INQUIRY
Introduction South Africa has in recent years witnessed a proliferation of commissions of inquiry. Though their purposes have varied immensely, their primary role has been to…
23RD APRIL 2019
THE SIPDM: HOW INFRASTRUCTURE PLANNING CAN PREVENT CONTRACTORS FROM DOWNING TOOLS
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 were previously excluded from participating in the country’s economy. Such development is, however, often marred by delayed payments to contractors for work done.
7TH SEPTEMBER 2017
ORGANS OF STATE BEWARE: COMPLIANCE WITH THE STANDARD FOR INFRASTRUCTURE PROCUREMENT AND DELIVERY MANAGEMENT IS OBLIGATORY
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 terms of the Standard for Infrastructure Procurement and Delivery Management (‘the SIPDM’).
31ST JULY 2017
THE PREFERENTIAL PROCUREMENT REGULATIONS – THE ULTRA VIRES DEBATE NEGATED
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 procurement.
9TH APRIL 2017
THE PREFERENTIAL PROCUREMENT REGULATIONS 2017
A step in the right direction towards achieving radical economic transformation.
2ND APRIL 2017
SETTLEMENT AGREEMENTS: WHEN ARE THEY ENFORCEABLE?
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 Commissioner and Others ZASCA 59.
23RD MARCH 2017
IS SOUTH AFRICA’S NUCLEAR ENERGY LEGAL FRAMEWORK ADEQUATE FOR THE NEW BUILD PROGRAMME?
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 from over-reliance on coal.
IS IT AN IMPOSSIBLE FEAT TO ADDRESS THE WOES OF THE APARTHEID LEGACY THROUGH PUBLIC SECTOR PROCUREMENT?
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
CORPORATE LAW – COMPANIES ACT
“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 Economic Empowerment Advisory Forum; and to provide for matters connected therewith.”
THE MUNICIPAL FINANCE MANAGEMENT ACT: PROCUREMENT THROUGH NON-COMPETITIVE BIDDING
“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 accordance with a system which is equitable, transparent, competitive and cost-effective.”
THE CONSUMER PROTECTION ACT: QUALITY SERVICE
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.
THE CONSUMER PROTECTION ACT: IMPACT ON THE ENTERTAINMENT INDUSTRY
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.
CONSTRAINTS ON SHAREHOLDERS RIGHT TO REMOVE DIRECTORS AT STATE OWNED COMPANIES
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 clarify the procedures and constraints affecting the termination of directors’ employment at these entities.