Construction & Engineering Laws and Regulations South Africa 2025
Peter Barnard, Claudelle Pretorius, and Chantal Mitchell have co-authored the South Africa chapter in the latest edition of the International Comparative Legal Guide – Construction & Engineering Law 2025. The guide provides a comparative analysis of construction and engineering laws across multiple jurisdictions, with the South African chapter offering insight into: The standard forms of […]
Can citizens take action against the State to maintain critical infrastructure?
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 […]
BEE and the Economy
Introduction Since the 1990s, broad-based black economic empowerment (BEE) has been a major policy initiative so as to redress the imbalances created by apartheid. Some 30 years on, the debate has now shifted. Politicians are questioning whether BEE has worked, whether it should enter a new phase and whether our focus should move […]
Critical Minerals and the 2025 Mining Bill
Since the 1990s, South Africa has moved from the world’s number 1 mining jurisdiction to being among the top 10 worst places for mining companies to operate. Our mining production has declined compared to Australia, which also has abundant supplies of minerals, and whose mining production is now three times higher. What is […]
Prescription: When is a Debt ‘Subjected to Arbitration’?
INTRODUCTION Arbitration clauses are a common feature in construction and engineering contracts in South Africa. In the context of prescription, the existence of an arbitration clause and the timing of a dispute being “subjected to arbitration” can have critical implications for whether a claim remains enforceable. Section 13(1)(f) of the Prescription Act 68 of 1969 […]
Primacy of Arbitration Affirmed
INTRODUCTION The Supreme Court of Appeal (SCA) has recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] BACKGROUND In September 2017, Kalagadi Manganese (Pty) Ltd (Kalagadi) entered into a series of agreements with the Industrial Development Corporation (IDC) and the African Development Bank (AfDB), which included a loan agreement in terms of which […]
Clarifying the Autonomy of On-Demand Guarantees: Lessons from Set Square v Power Guarantees
Set Square Developments (Pty) Ltd v Power Guarantees (Pty) Ltd and Another and a related matter (099/2023 and 150/24) [2025] ZASCA 64 (20 May 2025) An unfortunate recurring theme in construction industry news is that of contractors/subcontractors being placed in business rescue or liquidation. To safeguard against the associated financial risks and minimise potential financial […]
Legal Privilege and Survey Reports
The Supreme Court Appeal of South Africa (SCA) recently delivered a seminal judgment on the issue of legal privilege which is likely to have ramifications in respect of the circumstances in which insurers may be entitled to claim privilege over survey reports. Ibex RSA HoldCo The case in question is Ibex RSA HoldCo Limited […]
State Tenders and Unlawful Disqualifications: What Contractors Must Know
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 […]
ConCourt Clarifies Review vs Appeal in SARS Tariff Disputes
The Constitutional Court in Commissioner for the South African Revenue Service and Another v Richards Bay Coal Terminal (Pty) Ltd considered whether, in a challenge to a tariff determination in terms of the Customs and Excise Act (CEA): a taxpayer is limited to a so-called “wide appeal” under section 47(9)(e) of the CEA; and if […]