The making of most law requires public participation. The test as to how much public participation is called for is reasonableness in the circumstances of the case. The steps that must be taken by government to get participation depends on the object, language, scope and purpose of the law.
The municipality in Kalil v Mangaung
Please join the Norton Rose Fulbright insurance team to explore industry developments in South Africa at our annual insurance seminars.
The seminars will be held on:
30 September 2014 in Johannesburg
1 October in Cape Town
2 October in Durban.
Our courts are reticent in making an award for constitutional damages. They will first consider whether there is scope to develop the common law of damages to permit recovery before awarding constitutional damages, especially where the constitutional damages sought includes a punitive element.
The courts look carefully at whether there is an existing, appropriate remedy
In a UK case, the contract included a provision that “the parties will endeavour to first resolve the matter through Swiss arbitration. Should a resolution not be forthcoming the courts of England will have non-exclusive jurisdiction”. It was held that this is not an arbitration agreement.
The parties did not specifically agree to refer
A draft Renewable Energy Projects Guideline has been published for comment. The REPG is a guideline document and sets out the principles and general tools for identifying the approval that may be required for each renewable energy technology. The REPG does not replace any existing regulation – it is simply a tool to provide guidance
Mozambique’s New Mining Law (20/2014) came into force on 18 August 2014 and is subject to further regulation by the government within 90 days of its publication. The law provides that mineral resources found in the soil and subsoil, in interior waters, in the territorial sea, on the continental shelf and in the exclusive economic
A UK court in Amlin Corporate Member Ltd v Oriental Assurance Corporation held that reinsurers were entitled to enforce an express warranty clause that provided that cargo on the carrying vessel would not be covered if the vessel sailed out of port when there was a typhoon warning.
The vessel did sail into a typhoon
The introduction of the Mauritius Limited Partnership Act in late 2011 marked a further development in that country’s strong investment framework offering. It has taken time for the partnership structure to take off, but recently there has been a move towards using the limited partnership as a vehicle for alternative investment funds looking to invest
2013 saw the emergence of low-cost airline FlySafair. In June 2013 Safair applied for a licence to allow it to operate a commercial scheduled air service. The licence was granted by the Air Service Licensing Council.
Interdict
An interdict was sought restraining Safair from operating the commercial service on grounds that more than 25% of
The Mozambique New Petroleum Law (21/2014) came into force on 18 August 2014 and is subject to further regulation by the government within 60 days of its publication. The law provides that all petroleum resources existing as natural resources in the soil and the subsoil, in interior waters, in the territorial sea, on the continental