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 […]
Will compulsory mediation in disputes benefit the insurance industry?
We have fielded a number of queries from various Insurers regarding the draft Directive, circulated by the office of the Judge President of the Gauteng Division of the High Court of South Africa, introducing obligatory mediation in the Gauteng Division of the High Court and the impact it may have on the industry. The draft […]
Customs and Excise
The Pretoria division of the High Court on 14 February 2025 delivered judgment in Woods Warehousing (Pty) Ltd v Commissioner for the South African Revenue Services and Others. The judgment is of interest to licensees of customs and excise warehouses and addresses the release of goods to removers of goods in bond. Woods, the applicant, […]
A new dawn on the horizon for post commencement finance
In Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) ruled that post- commencement creditors, as stakeholders, are entitled to equal protection under section 7(k) of the Companies Act (Act) and, as such, have the right to vote on […]
Trying to Work-Around Time Bars
On 17 January 2025, the Supreme Court of Appeal (SCA) handed down judgment in Kidrogen RF (Pty) Ltd v Erasmus & Others (815/2023) [2025] ZASCA. The case involved a shareholding dispute between Kidrogen RF (Pty) Ltd (Kidrogen) and two shareholders, Mr Erasmus and Mr Ncube. Kidrogen concluded Share Sale Agreements (the agreements) with Mr Erasmus […]
Clarification of “Slip and Trip” Defence
1. Over the past two years, there has been a deluge of case law pertaining to liability arising from “slip and trip” incidents. 2. In the most recent decision of Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025), the Western Cape High Court explained the following: “[75] In casu, the […]
Recognition of foreign insolvency proceedings. How do we proceed?
In a case decided by Acting Judge De Wet (De Wet AJ), the South African courts faced the question of recognising a foreign trustee's authority in cross-border insolvency matters. This was unpacked in Wagner N.O v Gijsbers N.O and Others (20876/19) [2024] ZAWCHC 155. This complex matter revolved around the interplay of international comity, convenience, […]