Are Administrative Officials And Authorities Allowed To Revoke Or Vary Its Own Decision?

Despite our courts’ attempts to frame a suitable approach to the functus doctrine in South African administrative law, contradictory opinions on the variation or revocation of administrative action persists. The same considerations relevant to the finality of judicial decisions are also relevant to the decisions of administrative authorities. In general, a decision-maker is not allowed…

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Agency and Commercial Representation

Formation of Agency Contract A person who does not have the legal capacity to act on his own behalf, e.g., an infant or a person who is insane, cannot act as an agent for another person. A person with limited capacity will, however, be able to act as an agent of another. Should parties enter…

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Major Changes in Construction Industry

CIDB to regulate Private Sector Contracts The Construction Industry Development Board (hereinafter “the CIDB”) along with The Minister of Public Works published draft amendment regulations for comment pertaining to Prompt Payment as well as compulsory Adjudication Procedures to be followed by the construction industry. Background and effect of regulations if accepted Prior to these proposed regulations one of the main…

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A Property Owner’s Liability for Historical Municipal Debt

The property owner in this judgment sought clarity form the Supreme Court of Appeal on whether he and his successors in title were liable for the historical municipal debt owed in respect of his property, in light of the fact that he bought the property at an auction (sale in execution). The Supreme Court of…

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Oscar Pistorius – Denied leave to appeal to Constitutional court

The former Paralympian hero has failed in his final attempt to take his case on appeal to the Constitutional Court. The Constitutional Court refused to grant Oscar Pistorius leave to appeal the decision of the Supreme Court of Appeal to convert his conviction of culpable homicide to one of murder. The Constitutional Court in considering…

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The ante-nuptial contract

During the excitement of your impending wedding it is easy to forget about the ante-nuptial contract. It is however vitally important that you and your future spouse discuss the matrimonial property regime best suited to your financial needs from the date that you are married. Why the ante-nuptial contract? In terms of South African law,…

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Arbitration clause: Does a court lose its jurisdiction?

The mere fact that an arbitration clause provides for mandatory arbitration does not bar a civil suit being instituted in the High Court. In this regard, in Parekh v Shah Jehan Cinemas (Pty) Ltd and Others 1980 (1) SA 301 (D) the court noted that an arbitration clause does not deprive the court of its…

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