The ever-evolving threat of cybercrime in South Africa
Mongezi Mpahlwa, Partner, Cox Yeats and Tshilidzi Mudau, Candidate Legal Practitioner, Cox Yeats unpack the growing number of cyber-attacks in South Africa in 2025 and beyond, in comparison with previous years, as well as the current trends in the ever-evolving digital world. South Africa remains one of the most targeted countries in the world when […]
South African Procurement Law – A Continued State of Flux
In 2020, the 2017 Regulations issued under and in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (the PPPFA) were set aside by the Supreme Court of Appeal. That decision was taken in on appeal to the Constitutional Court by the Minister of Finance. On 16 February 2022, the Constitutional Court dismissed […]
Can an employer withhold an adjudication award over reversal and repayment concerns?
The principle of “pay now, argue later” is the cornerstone of construction adjudication. An adjudicator’s decision is binding unless and until revised by a tribunal, and the losing party must comply with it promptly, regardless of whether it intends to challenge the decision in later proceedings. Without prompt compliance, the cash-flow preservation that adjudication exists […]
Abstentions and Section 60 Shareholder Resolutions
Abstentions in the context of shareholder resolutions adopted under section 60 are not often considered in practice, usually because shareholder participation is typically sufficient to avoid uncertainty. Section 60 Section 60(2)(a) provides that a resolution: “will have been adopted if it is supported by persons entitled to exercise sufficient voting rights for it to have […]
Arbitration Bulletin – Setting Aside an International Arbitration Award
In May 2026, the Supreme Court of Appeal delivered an interesting judgment relating to an arbitration award governed by the International Arbitration Act, 15 of 2017 (“the Act”), in which a monetary award of €50m had been issued in favour of the claimant. The two main protagonists in the proceedings are Frazer Solar GmbH, a […]
Can an adjudicator decide a disputethat was never referred to him?
Construction adjudication is designed to be a fast, interim dispute resolution mechanism – a “pay now, argue later” tool to keep cash flowing on site while the parties reserve their right to litigate or arbitrate the underlying merits in due course. Its effectiveness depends on speed and enforceability. But what happens when a contractor, in […]
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 […]