webman, Author at LNP Attorneys

05 Feb Public sector procurement and corruption: protecting those who speak out | PART 1

Posted at 07:09h in News

Public sector procurement and corruption: protecting those who speak out – PART 1 The ongoing commissions of enquiry have exposed procurement-related corruption in both the public and private sector. This raises questions about civil societies’ duty to report corrupt activities, but more importantly, what mechanisms are...

14 Jan Expect more on the Mining Charter in 2019

Posted at 17:41h in News

The year 2018 saw the gazetting of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the Mining Charter). Its chief end is to give effect to meaningful economic participation, integration into the mainstream economy and effective ownership of the...

14 Jan Unfair dismissal: what constitutes employer discrimination?

Posted at 17:32h in News

Section 187 (1) of the Labour Relations Act (“LRA”) states that a dismissal is automatically unfair if, amongst others, the reason for the dismissal is “that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground, including but not limited to...

03 Dec Land Rights versus Mining Rights: What Mining Companies need to know

Posted at 15:31h in News

Land Rights versus Mining Rights: What Mining Companies need to know Conflict of use between holders of mining titles and surface owners is not a new phenomenon. Even before the Mineral and Petroleum Resources Development Act, 2002 came into force in 2004, the mining sector in...

03 Dec Clear drafting of notices and instructions in construction contracts

Posted at 09:53h in News

Notices and communications are often issued with little regard to the provisions of the contract, often resulting in disputes as to their validity. The importance of sufficiently detailed contractual notices was highlighted in the case of Oil States Industries (UK) Ltd v Lagan Building[1], which...

05 Nov South Africa’s Climate Change Bill

Posted at 17:43h in News

South Africa, like the rest of world cannot deny the effects of climate change. These changes range from severe weather events such as droughts and extensive floods to rises in sea levels affecting countries across the world in devastating ways. The Climate Change Bill published...

02 Oct First world country laws hamper growth of SA’s mining sector

Posted at 10:28h in News

The South African mining industry finds itself in a precarious position with the recent drop in international commodity prices and large-scale job cuts by major mining houses. With some mining companies closing operations and enacting cost-cutting measures, it is time for stakeholders in the mining...

02 Oct A Mining Charter of compromise

Posted at 10:04h in News

On 27 September 2018, the Minister of Mineral Resources, Gwede Mantashe, published the Mining Charter, 2018. In language similar to previous charters, the Mining Charter, 2018 aims to give effect to meaningful economic participation, integration into the mainstream economy and effective ownership of the country’s...

01 Oct Legal fees: to cap or not to cap?

Posted at 08:08h in News

Capped legal fees: walking the tight rope between value-based billing and sustainability. Inundated with news of economic turmoil, businesses are trying to cut back in as many areas as possible, critically analyzing costs in uncertain conditions. In the race between affordability and excellent service, companies are...

28 Aug Are schedules to your agreement less important than the body of the agreement?

Posted at 07:50h in News

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Think that the schedules to your agreements are less important than the body of the agreement? Think again. Each Annexure and schedule in your contract is vital and a failure to ensure consistency or an understanding of the schedules to...

Author: webman