Candice Grieve

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In May 2021, the Supreme Court of Appeal delivered a judgment with two important principles namely:

  1. The High Court has jurisdiction to make a forfeiture order in terms of section  50(1)(b) of the Prevention of Organised Crime Act, 1998 (POCA) in respect of property situated outside the territory of South Africa and belonging to persons

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SCA gives clarity on the meaning of conflict of interest for business rescue practitioners

In February 2018, eight companies in the Oakbay Group were placed in voluntary business rescue. Amongst these companies were the first respondent, Tegeta Exploration and Resources (Pty) Ltd, and its three subsidiaries, Optimum Coal Mine (Pty) Ltd (OCM), Koornfontein Mines (Pty)…

The High Court has handed down judgement in proceedings involving Primedia (Pty) Ltd, the Passenger Rail Agency of South Africa and others in March 2021. The court has held that a tender had to be set aside because:

  1. Prasa, as a public body which knew that the tenderer did not exist when the tender closed,

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A full bench of the High Court in Cape Town has handed down a punitive cost order against unrepresented applicants – an unusual move considering the more lenient approach our courts usually show unrepresented litigants.

The Cassiems had instituted proceedings against the Government Employees Medical Scheme (GEMS) before various forums with “ostensible impunity”.…

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…

The Supreme Court of Appeal held that a public authority may not exercise powers which are not given to it by the express wording of its empowering statute.

The relevant empowering provision in the Medical Schemes Act gives the Registrar the power to decide whether a medical scheme’s proposed name is likely to mislead the…

A cyclist who suffered electrical burns after coming into contact with a low-hanging powerline had not entered into a transaction with Eskom, nor was he the beneficiary of the electricity supplied. There was no supplier-consumer relationship, as required for a product defect claim under s61(1)(b) of the Consumer Protection Act 2008. This was the finding…