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Richard Hoal on Muck Rack

Richard Hoal

As seen in: News24, Independent On Saturday, Saturday Star, Bizcommunity, Zawya, FAnews, Construction World, Insurance Biz, Africa Ahead
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Articles

Jurisdiction of an arbitrator: Can an arbitrator declare a state contract invalid?

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By Richard Hoal
| conviction.co.za
The Supreme Court of Appeal ruled that an arbitrator exceeded his powers by declaring a municipal construction contract invalid on constitutional grounds. The court held that only a court may declare state conduct or contracts inconsistent with the Constitution under Section 172. The judgment clarifies the constitutional limits of arbitration and provides important guidance for disputes involving municipalities and public procurement.
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CAN RESIDENTS COMPEL MULTIPLE STATE ENTITIES TO FIX FAILING INFRASTRUCTURE?

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By Richard Hoal
| kzntopbusiness.com
Residents across South Africa face chronic infrastructure failures. Flooding, exposed sewer lines, collapsing riverbanks and stormwater mismanagement are increasingly common. When residents approach their local municipality for help and are met with nothing more than buck passing between government departments, what can they do? Can they obtain a court order compelling the state to act? And if so, which state entity is responsible?
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What remedy is there for an innocent contractor when a State contract is declared invalid?

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By Richard Hoal
| conviction.co.za
The Constitutional Court confirmed that innocent contractors may recover payment, including profit, for work actually performed. The judgment identified six factors courts will consider before preserving contractual payment rights. Contractors should keep detailed records to support claims if a State contract is later declared invalid. State contracts are frequently set aside by courts because proper procurement procedures were not followed.
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