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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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27
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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23
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
27
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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23
Article
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Filter: Procurement
New Public Procurement Bill intended to end tender corruption

27 July 2023

To address the continuing perception of tender corruption which has also been included as one of the reasons for South... Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.

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110
Article
Can a settlement agreement override fair tender procedures?

10 February 2021

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?

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406
Article
51% black equity tender pre-qualification criteria found to be invalid

06 January 2021

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for... tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

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466
Article
Have the BEE Priority Elements had the desired impact on transformation?

11 September 2020

I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great... care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropping levels for non-compliance with these elements. Maybe the priority elements have not had the desired impact envisaged by their introduction?

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374
Article
How fair must government tenders be?

11 April 2019

My business is growing and I have a good BEE scorecard. It makes sense that I should start looking at... getting government work. I’ve been avoiding it because it seems to me that the government entities award tenders to whomever they like. If I go to the trouble of tendering I’d at least like a fair shot at getting the work. Is it worth looking at tenders or should I rather leave it?

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432
Article
New Mining BEE Charter Guidelines help clarify the emphasis on local procurement

11 March 2019

My business works exclusively in the mining industry providing goods and services to mining companies. I understand the recent Mining... Charter guidelines are quite important for suppliers like myself that work in this industry. Is there anything specific I should be aware of?

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397
Article