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April 23, 2026
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Arbitration Clauses

Arbitration Clauses In the normal course of events, an arbitration clause would continue to operate even though a contract seizes...
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Costs of de bonis propris against public officials

Costs of de bonis propris against public officials A string of court judgments seem to be setting a long overdue...
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Inclusion of B-BBEE verification certificates in tenders

It has long been established that a B-BBEE Verification certificate is used in tenders to substantiate the B-BBEE rating of...
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When a settlement agreement does not settle the matter

It has been widely accepted by South African Courts that once a settlement agreement has been reached, by consent, then...
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Judicial Overreach

In terms of the doctrine of separation of powers; specific functions, duties and responsibilities are allocated to and reserved for...
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Paja is not applicable to organs of state

Case law: State Information Technology Agency SOC Limited (SITA) v Gijima Holdings (Pty) Limited [2017] ZACC 40 Before SITA judgment,...
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Does the decision by an organ of state to cancel a tender before adjudication amount to administrative action?

The Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000) [PAJA] gives effect to the right to just...
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Exhausting internal remedies in the municipal procurement – what does exhaust internal remedies mean in terms of Section 7(2) of Paja?

In situations where a tenderer is aggrieved with the decision of the municipality in respect of a tender and wants...
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Suitable guarantees in construction projects

Generally, a construction guarantee is required by the Employer from the contractor to provide the Employer with security in the...
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Can a shareholder claim damages, in his/her personal capacity, he/she has suffered as result of the wrong doing against a company?

What happens when a company which suffered damages, chooses not to claim those damages against the wrongdoer? What are the...
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