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On Wednesday, 16 February 2022, the Constitutional Court handed down judgment in the Minister of Finance’s Appeal against the judgment handed down by the Supreme Court of Appeal (See: Afribusiness NPC v the Minister of Finance [2020] ZASCA 140 ) (the Supreme Court decision). The Supreme Court decision concluded that the Minister of Finance exceeded […]
CAN AN UNSUCCESSFUL TENDERER CLAIM DAMAGES FOR LOSS OF PROFITS? The Supreme Court of Appeal had to recently consider whether an unsuccessful tenderer could claim damages for loss of profits as a result of an Organ of State’s breach of its constitutional duties. The tender concerned the award of a contract to a joint venture in […]
