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It is not uncommon in disputes involving municipalities and other organs of state for the question of the validity of the underlying agreement to arise. Some contracts may not be concluded following a proper and lawful public procurement process in terms of Section 217 of the Constitution. Where the parties have agreed to refer their […]
State contracts are frequently set aside by courts because proper procurement procedures were not followed. What happens to the contractor who has already done the work in good faith? Can it recover payment, including a profit margin? These questions came before the Constitutional Court in a judgment delivered on 27 May 2026. The Zeal Health […]
Residents across South Africa face chronic infrastructure failures. Flooding, exposed sewer lines, collapsing riverbanks and stormwater mismanagement are increasingly common. When residents approach their local municipality for help and are met with nothing more than buck-passing between government departments, what can they do? Can they obtain a court order compelling the state to act? And […]
Cox Yeats has been recognised in the Chambers & Partners 2026 rankings as a Leading Firm, reflecting our continued strength across key practice areas and our growing standing in the South African legal market. The 2026 results include improved firm rankings in both Insurance and Restructuring & Insolvency, alongside continued recognition for the firm’s established […]
AIG South Africa Limited and Others v Azrapart (Pty) Ltd and Another (898/2024) [2025] ZASCA 172 Azrapart (Pty) Ltd and Accelerate Property Fund Limited, the plaintiffs in the litigation, were co-owners of the Fourways Shopping Mall in Sandton. As a result of the Covid-19 pandemic in 2020, the plaintiffs and their tenants experienced disruptions to […]
It frequently happens that contractors may be working on a number of projects, which may limit their organisation’s capacity, either financially or in terms of its manpower, etc., to execute further works. It is also common that a particular employer may issue a number of projects simultaneously and may look to then provide varied work […]
The JBCC Contract requires the appointment of a Principal Agent, who acts as the employer’s representative and plays a key role in issuing contract instructions, certifying payment certificates, and adjudicating the contractor’s claims. The contract cannot operate as intended without an independent Principal Agent to fulfil this role. It is neither advisable nor permissible for […]
We see more and more critical infrastructure failures and deterioration, both within local and metropolitan Municipalities. Raw sewerage in the streets is a common sight, potholes prevail, and stormwater drainage fails repeatedly. It is commonplace that despite residents paying rates and making multiple complaints to authorities, the situation does not improve. Citizens have various constitutional […]
Public sector projects often represent significant opportunities for contractors across the country. Whether in infrastructure, transport, or housing, state tenders continue to shape much of the construction and engineering landscape in South Africa. But with those opportunities come risks, particularly when the procurement process is flawed, or a contractor is unfairly excluded. It is […]
Cox Yeats has once again solidified its position as one of South Africa’s leading law firms with notable rankings in the 2025 edition of Legal 500, a globally respected guide to the legal profession. Shipping & Transport Practice Recognised for Excellence The firm’s Shipping and Transport team has been lauded for its cohesive and highly […]
