It is a tender requirement under the South African Independent Power Producer Procurement Programmes (Wind, Solar, Battery Energy Storage, and Gas) that Independent Power Producers (IPPs) are obliged to enter into non-negotiable project agreements, including (1) a long-term Power Purchase Agreement (PPA) between the IPP (as seller), and Eskom (as buyer); (2) an Implementation Agreement
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A brief plain language FSCA notice
For someone who regularly pleads for succinct plain language laws, the FSCA Communication of the draft exemption of retail funds from the requirements of section 14(1) of the Pension Funds Act needs to be highlighted as achieving this requirement.
The brief draft exemption and the communication that goes with it uses plain language and short sentences,…
Product Liability Insurance and Installation of Defective Panels (Australia)
The owners of a building in which aluminium composite panels were installed is seeking compensation for loss or damage arising from the manufacturer supplier of those panels including the costs of removing the panels and remediating damage caused by affixing the panels to the building.
In this judgment the question was whether the insurer’s policy…
A is for Africa: Embracing the AI Revolution
On April 4, 2025, representatives from 52 African countries gathered in Kigali, Rwanda, for the Global AI Summit for Africa. This historic event marked the signing of the Africa Declaration on Artificial Intelligence (the Declaration), a significant step forward for the continent in embracing the AI revolution. Despite public scepticism of superintelligence, African nations are…
Key takeaways from the Minister of Electricity and energy’s determination on new transmission infrastructure
By Devan Falconer & Rory Scott
On 28 March 2025, the Minister of Electricity and Energy (Minister) issued a significant determination under section 34(1)(b) of the Electricity Regulation Act, 2006 (ITP Determination) addressing the urgent need for an improved electricity supply infrastructure in South Africa. The determination lays the foundation to ensure the security of South Africa’s energy supply by introducing…
Failing to call key factual witnesses can lead to adverse inferences being drawn
In March 2025, the High Court reaffirmed the well-established principle that the failure to call a key witness in litigation may result in adverse inferences being drawn against the party who elects not do so.
In this case, the claimant instituted an action for damages against a security services company following an incident in which…
Employment Equity Regulations, 2025 and Determination on Sectoral Numerical Targets in Effect: What designated employers need to know
The Employment Equity Regulations, 2025 came into effect on 15 April 2025, repealing and replacing the 2014 Regulations. Also in effect from 15 April 2025 is the Determination on Sectoral Numerical Targets which applies to 18 national economic sectors. The new Regulations and Determination introduce a significantly more prescriptive and compliance-driven framework, particularly for designated…
Broker Liability, Causation and Double Insurance (UK)
“Double insurance arises where the same party is insured with two (or, as is said to be the position in this case, more) insurers in respect of the same interest on the same subject matter against the same risks. It is common ground that, subject to the meaning of the other insurance clause in the…
Sale, and option lease held not to be a simulated credit agreement.
This blog is co-authored by Neshalia Nayagar, trainee associate.
On 21 February 2025, the Supreme Court of Appeal (SCA) held that the sale and lease transactions did not constitute credit agreements under the National Credit Act (NCA) and were not disguised or simulated agreements which were concluded on terms to avoid the provisions of the…
Product Recall Policy Exclusion (Australia) – Part 3
Part 1 and Part 2 discuss the insured’s claim for property damage indemnity resulting from incorporation of defective aluminium plate in customer’s products.
The insurers CGU also unsuccessfully argued the application of the products recall exclusion in the policy. The policy excludes insurer’s liability for:
“6.14 Products and Work Performed
6.14.2 the cost of or damages…