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In December 2025, the Supreme Court of Appeal ruled that arbitrators do not have the power to declare contracts concluded in the course of public procurement unlawful or invalid.[1] The case concerned a contract awarded by a municipality to a contractor to construct roads in circumstances where the municipality had not followed the required tender […]
Introduction Many standard form contracts in the construction industry contain provisions to the effect that, if a party fails to take a given step in the dispute resolution process, the party is barred from taking the dispute forward for determination by arbitration. All is not lost, however, because section 8 of the Arbitration Act, 42 […]
Cox Yeats has been honoured in the 17th edition of the Best Lawyers in South Africa, with lawyers from across its national offices recognised for their outstanding expertise. This achievement highlights the firm’s depth of specialist expertise and its ongoing commitment to delivering high-calibre legal counsel across key practice areas. It also underscores the professional […]
The Arbitration Act, 42 of 1965 (“the Act”), makes provision for the Court, on good cause shown, to: set aside an arbitration agreement; or direct that any particular dispute is not dealt with by arbitration. Eskom SOC Limited took out a management liability insurance policy with AIG South Africa Limited, which provided liability cover to […]
INTRODUCTION The Supreme Court of Appeal (SCA) has recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] BACKGROUND In September 2017, Kalagadi Manganese (Pty) Ltd (Kalagadi) entered into a series of agreements with the Industrial Development Corporation (IDC) and the African Development Bank (AfDB), which included a loan agreement in terms of which […]
In a refreshing turn of events, the Supreme Court of Appeal has upheld a ruling that holds municipal officials personally responsible for unlawful tender awards, offering a new level of accountability. The court reports are replete with cases involving unlawful tender awards and concomitant irregular expenditure on the part of government entities. Whilst not often […]
Cox Yeats is honoured to announce that 18 of our lawyers have been included in the 2025 edition of The Best Lawyers in South Africa™. This prestigious recognition underscores our firm’s dedication to legal excellence, positioning our experts among the most trusted and respected in the industry. For us, this honour reaffirms our commitment to delivering client-centred solutions […]
INTRODUCTION This tale is about two Irish businessmen who came ever so close to striking it very rich in Nigeria. Mr Michael Quinn and Mr Brendan Cahill had operated various businesses through various entities and guises since 1992 in the morally and ethically fluid economic landscape of Nigeria. They had on a number of occasions […]
INTRODUCTION What is the ambit of the Employer’s Agent’s (“EA”) duty to supervise the execution of construction works and what are the consequences of a failure to do so properly? The extent of the duty will be set out in the relevant contract which must be one’s first port of call in addressing […]
INTRODUCTION In our February 2023 circular dealing with amendments to the Trust Property Control Act, 1988, we recorded that, whilst most of the amendments would come into force on 1 April 2023, no commencement date was mentioned in respect of certain of the amendments. The amendments for which no commencement date had been […]
