Rising Wages, Rising Claims: What Contractors Need to Know
South Africa’s annual increases to the national minimum wage are intended to promote fair pay and reduce inequality. For contractors and project owners, however, these increases can have significant cost implications during the life of construction projects. The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019 and applies […]
Estate Planning 2026
Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. Estate duty is not payable on assets bequeathed to a surviving spouse. If […]
After the Dust Settles: What Happens When a Building Collapses on a Construction Site
The recent and deeply tragic building collapses in George, Verulam, and, most recently, Ormonde have brought renewed attention to a difficult question: what actually happens after a structure collapses on a construction site? Beyond the immediate human tragedy and the urgent search-and-rescue efforts, a complex legal and regulatory process is set in motion. Multiple authorities […]
New SCA Rulings with Implications for D&O Insurance
Two recent judgments of the Supreme Court of Appeal have brought welcome clarity to key questions surrounding directors’ and officers’ liability. Both decisions address issues that have generated significant debate in recent years and provide important guidance on how courts will approach claims against directors, particularly in relation to prescription and the scope of directors’ […]
Building Through Uncertainty: Why Force Majeure and Escalation Clauses Are Critical in Today’s Construction Contracts
The global construction industry is susceptible to disruptions in the supply chain and price volatility. Recent geopolitical tensions and armed conflict in the Middle East have raised concerns about disruptions to global trade routes, energy supplies, and the availability of materials. For contractors, developers, and project owners, geopolitical conflicts highlight the growing importance of carefully […]
Failed Municipalities and the Courts
South Africa’s municipalities are facing significant challenges, with many underperforming in governance, financial management and service delivery. The Auditor-General’s report indicates that only 16% of municipalities obtained clean audits, with many facing total collapse. In 2025, as stated by Auditor-General Tsakani Maluleke: “Our municipalities are at a breaking point. The continued failure to implement our […]
Proposed Increase to Merger Notification Thresholds
The Minister of Trade, Industry and Competition has published draft amendments to the Determination of Merger Thresholds under section 11 of the Competition Act, which envisions an increase in merger notification thresholds and merger filing fees. The method of calculating turnover and asset values remains unchanged. Under the draft amendments, an intermediate merger will be […]
Legal Privilege vs Confidentiality
The High Court of South Africa, exercising its admiralty jurisdiction, has recently delivered a judgment ordering the plaintiff in an action to discover certain documents which had been disclosed in London arbitration proceedings, to which the plaintiff was a party, but in respect of which the plaintiff claimed a right to confidentiality and an entitlement […]
Authorising transactions: Why directors can’t afford to get it wrong
In the corporate world, the way transactions are authorised is not mere red tape; it is the cornerstone of accountability, transparency, and compliance. Yet, in South Africa, many boards and shareholders treat it as an afterthought. The consequences of getting it wrong can be devastating, including invalidating transactions, personal liability for directors, and crippling shareholder […]
Arbitration Bulletin | Arbitration Time Bars
Introduction Many standard form contracts in the construction industry contain provisions to the effect that, if a party fails to take a given step in the dispute resolution process, the party is barred from taking the dispute forward for determination by arbitration. All is not lost, however, because section 8 of the Arbitration Act, 42 […]