Matthew Clark (ZA)

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Public procurement: e-tender portal a welcome announcement in the Budget Speech

On 25 February the Minister of Finance, Mr Nhlanhla Nene, announced in his National Budget Speech that all government tender documents will be published on an e-tender portal from April 2015, and advertisements in newspapers will be phased out. The publishing of all government tender documents on a central e-tender portal, and the phasing out … Continue reading

US Regulators highlight importance of pre-acquisition due diligence to avoid liability for corruption

Increasing enforcement of anti-bribery and corruption regulations and an increased focus on compliance have made a pre-acquisition compliance due diligence a common feature of cross-border M&A transactions in Africa and elsewhere. Many experienced transaction attorneys and dealmakers will be aware of the limits of even the most thorough due diligence. This has led to concerns … Continue reading

Courts continue deferent approach to tenders and administrative powers and functions

An October 2014 supreme court of appeal decision has confirmed two well established principles of public procurement and administrative law review: There is limited scope for not awarding a tender to a bidder that has scored the highest number of points; and A court is not likely to substitute its decision for a decision made … Continue reading