Busisiwe Nhlapo

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Zero tolerance for bad budgeting in public sector

By Candice Grieve and Busisiwe Nhlapo on March 15, 2021 Posted in General

The Budget Speech delivered by the Minister of Finance on 24 February 2021 cast some light on what developments we can expect on the public procurement front in South Africa. The government spends close to a trillion rands on public procurement which accounts for approximately one fifth of South Africa’s gross domestic product, and is … Continue reading

Unreasonable delay in review of tender

By Busisiwe Nhlapo on October 20, 2020 Posted in General

The Constitutional Court in State Information Technology Agency Soc Limited v Gijima Holdings (Pty) Ltd held that a state applicant seeking the judicial review of their own decision may not rely on the Promotion of Administrative Justice Act 2000 and must do so in terms of the principle of legality. An application for review must … Continue reading

Procedural fairness in investigations

By Busisiwe Nhlapo on August 17, 2020 Posted in General

Life may not be fair but investigations should be. Our courts have on many occasions expressed the importance of the principle which requires that people should be afforded a chance to participate in a decision that will affect them and more importantly given an opportunity to influence the result of the decision (the audi alteram … Continue reading

Mediate before you litigate

By Busisiwe Nhlapo on June 28, 2020 Posted in General

An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the outset of any contemplated litigation. There are a number of judgments where the courts have censured the parties’ and their representatives’ failure to consider alternative dispute resolution … Continue reading