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Insights and analysis on key legal developments in public law, administrative justice, and procurement.

Articles

SECTION 12(3) OF THE PRESCRIPTION ACT 68 OF 1969
SECTION 12(3) OF THE PRESCRIPTION ACT 68 OF 1969 The Prescription Act 68 of 1969...
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National Treasury Preferential Procurement Regulations: 10 March 2022
On the 10th March 2022, the National Treasury published the draft preferential procurement regulations for...
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Wage Agreement declared unlawful
CONSTITUTIONAL COURT OF SOUTH AFRICA National Education Health and Allied Workers Union and Others v...
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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...
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Public procurement regulations (2017) confirmed to be invalid
The principle of legality is an integral component of the rule of law. This principle...
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Confidential Agreements
May an employer invoke a confidential agreement to conceal wrongdoings in the workplace? In the...
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Can Parliament Delegate it’s constitutionally conferred powers to make law?
Can Parliament delegate its constitutionally conferred powers to make law? Does the Parliament seek to...
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The Rule of Law and the status of the public procurement regulations (2017)
THE RULE OF LAW AND THE STATUS OF THE PUBLIC PROCUREMENT REGULATIONS (2017) The principle...
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PICKET vs GATHERING
PICKET vs GATHERING (National Union of Metal Workers of South Africa and Others v Dunlop...
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Articles by Agrippa Mpungose

Organs of state acting in the interest of the public in review proceedings
Section 6(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provides that...
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The Rule of Law and the status of the public procurement regulations (2017)
THE RULE OF LAW AND THE STATUS OF THE PUBLIC PROCUREMENT REGULATIONS (2017) The principle...
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Can Parliament Delegate it’s constitutionally conferred powers to make law?
Can Parliament delegate its constitutionally conferred powers to make law? Does the Parliament seek to...
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Public procurement regulations (2017) confirmed to be invalid
The principle of legality is an integral component of the rule of law. This principle...
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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?...
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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...
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Suitable guarantees in construction projects
Generally, a construction guarantee is required by the Employer from the contractor to provide 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...
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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...
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Articles by Sesethu Magaba

Costs of de bonis propris against public officials
Costs of de bonis propris against public officials A string of court judgments seem to...
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