This is a follow-up to my earlier article, “Preferential Procurement: urgent legislative reform required” (without prejudice September 2010 p41), which addressed the implications of Sizabonke Civils CC t/a Pilcon Projects v the Zululand District Municipality 2010 JDR 0565 (KZP) (Sizabonke). Sizabonke highlighted the need for urgent legislative reform in the field of preferential procurement, and my discussion of this case concluded:… Read More »
The recent case of Sizabonke Civils CC t/a Pilcon Projects v the Zululand District Municipality and Others [case no. 10878/2009], handed down on May 12 2010 in the Kwazulu-Natal High Court, Pietermaritzburg] (the Sizabonke judgement) highlights the need for urgent legislative reform in the field of preferential procurement. In this case the applicant (Sizabonke) sought, inter alia, a declaration that regulation 8 of… Read More »
A recent Cape Provincial Division decision handed down by Davis J should alert corporations to the fact that the land mark Constitutional Court decision of Barkhuizen v Napier (2007 (5) SA 323 (CC)) “Barkhuizen” is already impacting on the manner in which consenting parties regulate their contractual relations. The primacy of the principle of pacta sunt servanda would appear to be no more. The… Read More »
The fall-out from the Fidentia disaster has had the unexpected effect of spelling out the extraordinary powers of curators. This is what came out of two court decisions, the first from the Cape High Court and the second from the Supreme Court of Appeal. The cases were Executive Officer Financial Services Board v Ovation Global Investment Services (Pry) Ltd (Ovation… Read More »
Does an estate agent have a right to commission on a property he is mandated to sell, if it ends up being sold to the existing tenant who takes advantage of the first right of refusal clause in his lease? Or, in the likely words of a landlord – why should an agent benefit in circumstances when it was not the… Read More »