Jurisdiction of an arbitrator: Can an arbitrator declare a state contract invalid?
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 […]
When can a medical scheme terminate membership for non-disclosure?
The question of when a medical scheme may terminate membership due to non-disclosure was considered relatively settled in South African law. However, the Constitutional Court’s decision in Carlo Swanepoel N.O v Profmed Medical Scheme [2024] ZACC 23 has revisited both the duty to disclose and the threshold for material non-disclosure, and for many observers, the […]
What remedy is available to an innocent contractor when a State contract is declared invalid?
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 […]
Can residents compel multiple state entities to fix failing infrastructure?
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 […]
Interdicts and the Need to Know Your Enemy
Recent court decisions in the construction and engineering sector have reinforced the importance of properly identifying individuals responsible for unlawful conduct before seeking an interdict. Broad allegations against undefined groups may weaken urgent court applications and prevent relief from being granted. Threats, intimidation, and violent disruptions by community groups, business forums or disgruntled employees are […]
April 2026: The Month of AI
April 2026, proved to be an eventful month in the world of AI. Within a single month, South Africa’s Draft National Artificial Intelligence (AI) Policy was withdrawn shortly after publication, OpenAI discontinued Sora due to unsustainable operating costs, and the highly publicised OpenAI trial involving Elon Musk commenced, with Musk serving as a key witness. […]
Competition Act and Employee Share Ownership Structures
Employee share ownership has been a feature of empowerment structures since BEE legislation was introduced in 2003. In 2019, the Competition Act was amended by introducing a further factor which the Competition Commission (the Commission) and Competition Tribunal must consider when approving a merger. Section 12(3)(e) was introduced by stipulating that the Competition Authorities must […]
Medical Schemes and Public Power: The Constitutional Clarification in Famous Idea v GEMS
The Constitutional Court delivers a reassuring and defining message in its judgment of Famous Idea Trading 4 v Government Employees Medical Scheme (GEMS) – a medical scheme’s decisions are not administrative actions simply because they operate in a public space. The case involved a courier pharmacy company which lost out on a lucrative contract with […]
The Power Behind the Plans: Copyright and Control
Construction projects involve significant creative and technical input from architects, engineers and designers (hereinafter referred to as proprietors). Once a client has paid for construction drawings and designs, one important question arises: may the client freely reproduce, reuse, or demand specific formats of those designs? This question is often answered with reference to the Copyright […]
Transparency prevails – The SCA confirms strict limits on refusal of access to information in Eskom v AfriForum
The Supreme Court of Appeal in Eskom Holdings SOC Limited and Another v AfriForum NPC has reaffirmed the central role of transparency in South African administrative law. The judgment confirms that access to information held by public bodies is the default position, and that refusals under the Promotion of Access to Information Act 2 of […]