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Agrippa Mpungose Director Public Procurement Litigation

Public procurement regulations (2017) confirmed to be invalid

The principle of legality is an integral component of the rule of law. This principle was best explained by the...
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Letting out a state property – Does section 217 of the constitution apply?

(Are you negotiating or about to sign that lease agreement with an organ of state? Make sure there is proper...
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Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4

To all organs of state Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4 On...
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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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Wage Agreement declared unlawful

CONSTITUTIONAL COURT OF SOUTH AFRICA  National Education Health and Allied Workers Union and Others v Minister of Public Service and...
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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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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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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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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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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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