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INTRODUCTION The Supreme Court of Appeal described the appellant’s case as unusual, contrived, opportunistic and entirely without merit. The appellant, an attorney, was retained in 2003 by Thales South Africa (Pty) Ltd (“Thales”), the South African subsidiary of a well known French arms manufacturer that had become mired in controversy following the South African arms […]
OCCUPANCY CERTIFICATES AND LEASES INTRODUCTION The National Building Regulations and Building Standards Act, 103 of 1997, makes provision for the issue of certificates of occupancy in relation to buildings. Once the erection of a building has been completed, the owner must apply to the local authority for the issue of a certificate […]
INTRODUCTION In June last year the Johannesburg High Court handed down a judgment relating to an application by a foreigner for the enforcement of a foreign arbitration award granted against a foreign defendant. In other words, all parties concerned were foreigners or in legal terminology peregrini. The case involved a company registered in the United […]
INTRODUCTION The Arbitration Act, 42 of 1965 (“the Act”), contains a provision relating to the referral of questions of law to either the court or an advocate for an opinion, which opinion is final and binding. The relevant section reads as follows: “Statement of case for opinion of Court or counsel during arbitration proceedings (1) […]
INTRODUCTION Financially strapped contractors often have to resort to funding contracts and the purchase of necessary materials by raising money or buying materials on the security of a cession of the right to receive payments from the Employer. The Supreme Court of Appeal ("SCA") in March this year dealt with the validity of such cessions […]
This question was addressed by the Supreme Court of Appeal ("SCA") in a recent case involving the Free State Department of Police, Roads and Transport ("Roads Department"). The case also touched on the interesting question as to whether a subcontractor of the main contractor can take action against an employer to enforce payment of amounts […]
Maykent (Pty) Ltd ("the Employer") contracted with Trackstar Trading 20 (Pty) Ltd ("the Contractor") to carry out alterations and additions to the Employer's Kentucky Fried Chicken store in Newtown, Johannesburg. Tertius Rabe Property Services CC was appointed as the Principal Agent. The agreed contract price was approximately R1,3m. The contract period was three months which […]
Introduction Can a builder's lien be substituted with security? In other words, can an employer evict a builder who is exercising a lien over a site by providing security, say in the form of a bank guarantee, to cover the contractor's claim which is the subject matter of the lien? The Supreme Court of Appeal […]
Introduction At the beginning of this year the Supreme Court of Appeal ("SCA") dealt with a case involving the challenge to a municipal tender award in Limpopo Province. The award triggered a torturous journey for EsorFranki Pipelines (Pty) Ltd ("EsorFranki"), the aggrieved tenderer who challenged the award. Whilst EsorFranki's efforts and perseverance were eventually crowned […]
