All the latest legal commentary and opinions from Cox Yeats, all in one place.
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 […]
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 […]
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 […]
Cox Yeats has secured a landmark victory in the Supreme Court of Appeal (SCA), which has delivered a precedent-setting judgement providing long-awaited clarity on the treatment of cross cross-border insolvency matters in South Africa. Handed down on 23 March 2026 in Scheer v Wagner N.O. & Others (Case No. 1109/2024) [2026] ZASCA 32, the ruling […]
In December 2025, the Supreme Court of Appeal ruled that arbitrators do not have the power to declare contracts concluded in the course of public procurement unlawful or invalid.[1] The case concerned a contract awarded by a municipality to a contractor to construct roads in circumstances where the municipality had not followed the required tender […]
The Johannesburg High Court recently handed down judgment in Sibanye Gold (Pty) Ltd and Others v Eskom Holdings SOC Ltd and Others, a decision with important implications for administrative action taken by state-owned entities. The judgment comes at a time when South Africa’s energy policy is firmly directed towards increasing private participation, accelerating renewable energy […]
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 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 […]
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’ […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
AIG South Africa Limited and Others v Azrapart (Pty) Ltd and Another (898/2024) [2025] ZASCA 172 Azrapart (Pty) Ltd and Accelerate Property Fund Limited, the plaintiffs in the litigation, were co-owners of the Fourways Shopping Mall in Sandton. As a result of the Covid-19 pandemic in 2020, the plaintiffs and their tenants experienced disruptions to […]
The Arbitration Act, 42 of 1965 (“the Act”), makes provision for the Court, on good cause shown, to: set aside an arbitration agreement; or direct that any particular dispute is not dealt with by arbitration. Eskom SOC Limited took out a management liability insurance policy with AIG South Africa Limited, which provided liability cover to […]
Projects often run into delays. A common question that arises is whether consultants/professionals can claim additional fees due to the period of delay. Often, consultants agree to a value-based fee, meaning that the amounts they can charge are linked to the overall value of the work. In circumstances of delay, consultants often feel that they […]
On 16 August 2025, the National Treasury published the 2025 Draft Taxation Laws Amendment Bill, which proposes to revise the rules applicable to preference shares. Comments on the draft legislation must be made by 12 September 2025. If the draft is brought into effect, it will become applicable from 1 January 2026. Our Companies Act […]
Subrogation is a pivotal concept in South African insurance law, with well-established roots. Its history in our law is founded in English law principles, infused with Roman-Dutch law, in particular the rules of the lex mercatoria. Subrogation is underpinned by sound commercial and legal considerations that should not lightly be interfered with. Recent Developments in […]
The South African mergers and acquisitions landscape continues to evolve, shaped by a robust regulatory framework and increasing scrutiny on transaction structuring, competition considerations, and disclosure requirements. The latest ICLG Mergers & Acquisitions – South Africa chapter provides a comprehensive overview of the legal principles governing M&A activity in the jurisdiction. It covers key areas […]
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 […]
Companies are an excellent way to pool capital and to embark on business ventures whilst minimising personal exposure to business risks. Without them, many a budding entrepreneur would not be prepared to take the leap of faith necessary to change the world. However, the use of companies can also create confusion about who it is […]
It frequently happens that contractors may be working on a number of projects, which may limit their organisation’s capacity, either financially or in terms of its manpower, etc., to execute further works. It is also common that a particular employer may issue a number of projects simultaneously and may look to then provide varied work […]
The JBCC Contract requires the appointment of a Principal Agent, who acts as the employer’s representative and plays a key role in issuing contract instructions, certifying payment certificates, and adjudicating the contractor’s claims. The contract cannot operate as intended without an independent Principal Agent to fulfil this role. It is neither advisable nor permissible for […]
Introduction Operation Vulindlela was introduced by the Government to remove obstacles holding back economic growth. Phase 2, announced in May, seeks to address the problem of municipal dysfunction and infrastructure collapse. A key focus of Phase 2 of Operation Vulindlela is to achieve water infrastructure reform, which aims to: a. address the root causes of […]
Joint ventures have become a defining feature of the construction and mining landscape in South Africa. They are used by contractors to pool skills, resources and capital in order to secure and deliver large projects that may be out of reach for a single contractor. At their core, joint ventures are a means of cooperation. […]
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 […]
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 […]
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 […]
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 […]
In the recent Supreme Court of Appeal decision of AIG South Africa Limited v 43 Air School Holdings (Pty) Ltd and Others [2024] ZAS CA 97, the Supreme Court of Appeal had to determine, as one of the issues before it, whether multiple insureds all enjoyed cover under a single policy arising from a claim […]
Mergers and acquisitions continue to shape South Africa’s corporate landscape, with businesses navigating an evolving regulatory framework, competition laws, and sector-specific compliance requirements. Understanding these complexities is crucial for successful deal execution and risk management. Cox Yeats is proud to contribute to the latest ICLG Mergers & Acquisitions 2025 guide, providing insights into South Africa’s […]
Recent news headlines have been consumed by the series of wildfires devastating Los Angeles, particularly the affluent areas of Pacific Palisades, Eaton, Hurst, Lidia, and Sunset. In addition to claiming a number of celebrity homes, the fires have caused widespread devastation to over 40,000 acres of land, as well as resulted in the loss of […]
Cybercrime is increasing rapidly, with Interpol reporting that almost every single scam or fraud currently being perpetrated across Africa has a related cyber crime element. According to the 2024 edition of the Interpol Africa Cyberthreat Assessment Report, phishing emails were identified as the most common attack vector for business email compromise scams in nearly 80% […]
In the 2022 version of the Interpol Africa Cyberthreat Assessment Report, Interpol pointed out that South Africa was the third most attacked country in the world and experienced the most cyberattacks on the African continent. In its 2024 report, Interpol pointed out that the African cyber threat landscape 2023 remained highly dynamic, with attacks evolving […]
On 10 December 2020 the Labour Appeal Court in Standard Bank of South Limited v Nombulelo Cynthia Chiloane handed down Judgment in terms of which the LAC had to consider the right of an employer to continue with disciplinary action against an employee within the employee’s notice period where the employee resigned with immediate effect. […]
