Under the Coal Baseload IPP Procurement Programme projects may be required to provide ancillary services to Eskom as grid provider to support the reliable and secure operation of the transmission system by Eskom. The ancillary services will be procured under a separate agreement to the power purchase agreement (PPA), namely the Ancillary Services Agreement (ASA).
January 2015
Construction contract requirements under Coal Baseload IPP Procurement Programme


The Request for Qualification and Proposals for New Generation Capacity under the Coal Baseload IPP Procurement Programme (RFP) requires bidders to provide a detailed and comprehensive term sheet or a substantially developed agreement with each of the proposed EPC and O&M contractors for the construction and operation of the facility. This is a significantly different…
Coal Baseload Independent Power Producer Procurement Programme – Concepts in the Request


The Department of Energy’s (DoE) highly anticipated Coal Baseload Independent Power Producer Procurement Programme Request for Qualifications and Proposals (RFP) has introduced concepts that we did not see in the Renewable Energy Independent Power Producer Procurement Programme. We highlight a few of these concepts:
Affected Projects
The RFP provides for an Affected Project –…
Key features of the Coal Baseload Independent Power Producer Procurement Programme Request for Qualification and Proposal


In December 2014, the Department of Energy (DoE) released the Coal Baseload Independent Power Procurement Programme Request for Qualification and Proposals (RFP). We highlight some of the key features of the RFP.
Bid phases
The RFP provides for more than one bid submission phase. The first bid submission date is 8 June 2015. The DoE…
Ten things to know about the governance and risk management framework for insurers

1. The Governance and Risk Management Framework takes effect on 1 April 2015.
2. A governance framework must be adopted by insurers to ensure the prudent management and oversight of their insurance business.
The governance framework must be proportionate to the nature, scale and complexity of the insurer’s business.
The governance framework applies to both…
Arbitration by foreigners in South Africa

There is no reason why foreign companies and individuals should not arbitrate their disputes in South Africa according to South African law. The South African courts will encourage the selection of South Africa as a venue for international arbitrations.
Where a dispute “arising out of” the relationship between the parties is subject to arbitration, the…
Statutory request for environmental documents

There is no room for corporate secrecy in relation to environmental matters affecting the public. Corporations operating within South Africa (whether local or international) will be obliged to disclose such documents revealing matters relevant to the public even if the request comes from an environmental organisation.
In the case of Company Secretary of Arcelormittal South …
Interpretation of statutes and contracts

Where the language of a written contract is ambiguous, evidence is admissible to construe its meaning, by reference to its context or the factual circumstances under which the contract was concluded. The apparent purpose to which the contract was directed may also be considered when interpreting it. Evidence may be admitted as to what was…
Insurance coverage for bullying

An insurer was required by a Canadian court to provide an indemnity under a comprehensive homeowner’s property and liability insurance policy to the parents of a child who bullied another pupil.
The insurer argued that the injuries claimed by the plaintiff were a result of an intentional act of assault, threatening and bullying. The policy…
Judicial review of arbitration awards

There are limited grounds under the South African Arbitration Act for setting aside arbitration awards:
- There is misconduct of the arbitrator.
- There is a gross irregularity in the conduct of the proceedings by the arbitrator.
- The arbitrator exceeds its powers.
- The award is improperly obtained.
Our courts have no other powers to set aside arbitration…