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Determining primary obligation versus secondary obligation in a contract
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 importance of not disregarding boilerplate clauses
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...
Public sector procurement and corruption: protecting those who speak out | PART 1
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,...
Expect more on the Mining Charter in 2019
The year 2018 saw the gazetting of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the Mining Charter). Its chief end is to give effect...
Unfair dismissal: what constitutes employer discrimination?
Section 187 (1) of the Labour Relations Act (“LRA”) states that a dismissal is automatically unfair if, amongst others, the reason for the dismissal is “that the employer unfairly discriminated...
Land Rights versus Mining Rights: What Mining Companies need to know
Conflict of use between holders of mining titles and surface owners is not a new phenomenon. Even before the Mineral and Petroleum Resources Development Act, 2002 came into force in 2004, the mining...
South Africa’s Climate Change Bill
South Africa, like the rest of world cannot deny the effects of climate change. These changes range from severe weather events such as droughts and extensive floods to rises in sea levels affecting...
Clear drafting of notices and instructions in construction contracts
Project managers and engineers are often entrusted with the important task of issuing notices and instruction in construction projects. These notices and communications are frequently issued with...
A Mining Charter of compromise
In language similar to previous charters, the Mining Charter, 2018 aims to give effect to meaningful economic participation, integration into the mainstream economy and effective ownership of the...
Severing the bad part from the good part of an arbitration award
Provided it is wholly separable from others, the severing of the bad part from the good part of an arbitration award after making a finding of gross irregularity in terms of section 33(1)(b) of the...