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Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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14
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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9
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
14
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
9
Article
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Filter: Tender
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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289
Article
Factors courts must consider when reviewing state tenders

27 June 2023

With so much attention the last few years on corruption, tender fraud and unauthorised government procurement, a question that is... frequently asked is to what extent our courts are allowed to become involved with government tenders and set them aside?

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297
Article
B-BBEE in state tenders done?

14 June 2022

With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the... end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.

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730
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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605
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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733
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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776
Article