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Cabinet fails to approve IRP 2019: how does this impact the procurement of new energy projects?
Policy uncertainty for South Africa’s energy mix has discouraged investor confidence in South Africa’s energy sector. Without an updated policy there is no framework to procure the generation of new...
The FIDIC Emerald Book 2019
The International Federation of Consulting Engineers (FIDIC) launched the first international standard form contract for tunnelling and underground works: the FIDIC Conditions of Contract for...
IPP Office commits to swift implementation of its procurement programme
On 19 August 2019, acting head of the IPP Office, Sandra Coetzee (who stepped into the role in July 2019 following the departure of Karen Breytenbach), confirmed in media reports there would be “no...
Drones in construction projects: navigating the regulatory framework
RICARDO PILLAY, Director and Team Leader| Construction | Infrastructure | PPPs spoke at the Africa Drone Conference on 6 June 2019 on the interesting topic "Drones in construction projects:...
Can parties terminate contracts for the sake of convenience?
Contract law always provides a remedy to a party in a contract affected by repudiation to be compensated for damages it will suffer for the early termination. However, drafters of contracts seem to...
When is non-compliance compliance?
The practice of construction contractors providing employers or clients with performance security has become common in the construction industry, which is typically an unconditional, on-demand...
Are schedules to your agreement less important than the body of the agreement?
Think that the schedules to your agreements are less important than the body of the agreement? Think again. Each Annexure and schedule in your contract is vital and a failure to ensure consistency...
Lessons learned…
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:...
Expensive Eskom power will unravel SA’s plans for growth
The government has hailed beneficiation as a key to job creation, GDP growth, development of the South African economy and maximisation of the return on investment. There is misalignment between the...
10 things you need to know about the draft mining charter 2018
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...
Litigating under split contractual structures in onshore and offshore cross-border transactions
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:...
First world country laws hamper growth of SA’s mining sector
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...