Recent articles

  • Does COVID-19 amount to a Force Majeure
    A force majeure is generally defined as “an act of God or man that is unforeseen and unforeseeable and out of the reasonable control of one or both of the parties to a contract, and which makes it objectively impossible for one or both of the parties to perform their obligations under the contract.”
  • The state of Trade in Food and Medical Supplies
    The need to put the health of the people before the interests of imposing high tariffs and sanctions is at its peak, but are governments really going to consider this need in relation to food and medical supplies and does international trade policy cater for this?
  • Covid-19: Price lockdown – Prohibition against unreasonable price hikes explained
    Covid-19: Price lockdown – Prohibition against unreasonable price hikes explained. Excessive pricing, what it is, factors to be considered when determining excessive pricing, the responsibility of retailers and suppliers to prevent it, and the powers of the Competition Tribunal to swiftly make appropriate orders.
  • Price Gouging
    Suppliers of items like toilet paper, surgical masks and even basic foodstuffs have an almost unprecedented ability to manipulate and profit from radical price increases. Thankfully, on 19 March 2020, the Minister of Trade and Industry, Ebrahim Patel, stepped in to prevent such abuse.
  • Misinformation and fake news on COVID-19 – action will be taken!
    Fake news and other forms of misinformation about COVID-19 are prohibited on “any medium” such as SMS, WhatsApp, Twitter, Facebook, Instagram, online videos, other messaging and networking or social media platforms.
  • Mediation between Landlords and Tenants
    Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it.
  • Adjudication and Mediation
    COVID-19 is an epoch-making opportunity to revamp our entire out-dated and adversarial civil procedure so that it is more in line with the principles of Ubuntu and the Constitution.  At the same time we can massively expand access to justice in the digital world to all, including the poor, by using platforms such as Zoom, Microsoft Teams and Skype.
  • Force Majeure - A tough time to be a landlord
    Covid-19: Force Majeure – a tough time to be a landlord. If landlords can’t rely on so-called “Force Majeure” clauses in lease agreements, they could rely on the common law right of “supervening impossibility to perform”and even consider business interruption insurance cover.
  • To Pay or not to Pay
    A lenient and pragmatic approach in resolving the impasse between retail tenants and retail landlords may be a preferred, as opposed to a strict and purely contractual approach given the uncharted territory retail tenants and landlords find themselves in as a consequence of lockdown.
  • Human Rights during a state of Emergency
    The effect of a national disaster on human rights - The effect of the state of national disaster is to limit certain rights of all persons within the borders of South Africa as long as the limitation is justifiable in terms of the Constitution. It is therefore necessary to limit certain rights, e.g. the right to freedom of movement and residence to protect all persons. This amounts to a very careful balancing act in order to determine which rights should be limited for the greater good.
  • Public Procurement
    Covid-19: Public Procurement in the time of Covid-19 - An exposition of emergency procurement procedures governing the facilitation of emergency procurement; and combatting the avoidance of supply chain management system abuse in dealing with the disaster.