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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 […]
Increasingly, municipalities and state-owned entities are seeking to set aside contracts that are concluded following an irregular tender process. The question often then arises as to whether the contractor is still entitled to payment for services rendered in terms of the unlawful contract. The Constitutional Court recently had to consider this question in a judgment […]
Industry associations play a vital role in fostering collaboration and innovation, setting industry benchmarks and norms as well as championing the collective, the interests of their members. Yet, within this collaborative spirit lies a potential minefield for members of these associations where their cooperation can cross into anti-competitive territory, raising legal issues. The recent settlement […]
In a recent decision, the Supreme Court of Appeal (SCA) considered the complexities surrounding liquidation, adjudication and payment certificate issues in government construction contracts. Is an adjudicator's decision enforceable if a party disputes the ruling and wishes to proceed to arbitration? And what is the situation where the other party is in liquidation – do […]
The Constitutional Court considered this and delivered a split decision on the debate. Can public policy considerations exclude the enforceability of an exclusion of liability clause? The Constitutional Court, by a narrow majority, says no in this case. On 28 June 2023, the Constitutional Court handed down judgment in the matter of Fujitsu […]
The Constitutional Court handed down judgment on 30 November 2022 in answer to this question. In a unanimous judgment, the Constitutional Court had to consider whether a tenderer, deprived of success in a tender by the State’s intentional misconduct, could claim damages in delict for loss of profit. The appeal to the Constitutional […]
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 […]
