On 15 June 2018, the Minister of Mineral Resources (Minister), Gwede Mantashe published the draft Broad Based Socio-Economic Empowerment Charter for the Mining and Mineral Industry, 2018 (Draft Mining Charter, 2018) for public comment. Following an extension by the...
Split contractual structures are commonly used in cross-border EPC contracts where it is financially advantageous to do so. Under split contracts, the scope is divided into two separate contracts: an onshore and an offshore contract. The parties also usually conclude...
The South African mining industry finds itself in a precarious position with the recent drop in international commodity prices and large-scale job cuts by major mining houses. With some mining companies closing operations and enacting cost-cutting measures, it is time...
Ambiguity in clauses contained in agreements not only create uncertainty as to the party’s obligations in terms of the agreement, but can lead to disputes between the parties whereby it is left to the courts to apply the principles of interpretation of contracts in...
When forming contracts, parties to the contract often use templates or forms with boilerplate clauses. Such clauses refers to the standardised clauses in contracts, and they are to be found towards the end of the agreement. Including boilerplate clauses is the process...
The ongoing commissions of enquiry have exposed procurement-related corruption in both the public and private sector. This raises questions about civil societies’ duty to report corrupt activities, but more importantly, what mechanisms are in place to protect sources...
