Over the last decade, numerous novel arguments have been raised to limit the common law position that an adjudicator’s decision is enforceable pending an arbitral decision. The recent judgement of Rodpaul, which used the defence of public policy, confirmed the South...
The Grid Connection Code for Battery Energy Storage Facilities (“BESF Code”) approved in July 2021 by NERSA sets the minimum technical and design grid connection requirements for BESF to connect to the grid. The BESF Code, although, relatively new will become...
On 11 August 2023 NERSA invited public comments on the NRS 048-9 Electricity Supply – Quality of Supply: Code of Practice – Load Reduction Practices (Third Edition, 2023) (“Load Shedding Code”). The closing date for submissions is 22 September 2023. The Load Shedding...
In the world of construction contracts, disputes often arise, leading to the need for adjudication. In the recent case of Engenda Group Limited v Petroineos Manufacturing,1 the Scottish Court explored the complexities of an adjudicator’s jurisdiction and emphasised...
Against the background of the Shell Saga where the Eastern Cape High Court, in December 2021, granted an interdict against a seismic survey along the Wild Coast of South Africa, another seismic survey has been halted. This time, the Western Cape High Court, on 1 March...
On 10 March 2022, draft Preferential Procurement Regulations were published for public comment, which closed on 11 April 2022. The most significant omissions in the draft 2022 Regulations are pre-qualification criteria, objective criteria, local production and...
