Dentons - South Africa Newsletter

Contracting with the State: State entities setting aside their own decisions

December 21, 2016

Organs of state are required to comply with a plethora of legislation and policies, specifically relating to procurement and financial management, before entering into contracts. It is not uncommon for organs of state to not comply with this plethora of legislation and policies before entering into a contract.

Overview of PPP laws/frameworks in selected African jurisdictions

December 7, 2016

In this article, we provide an overview of the PPP laws and frameworks for Uganda, Tanzania, Kenya and Nigeria.

Illegality revisited when can a claim be brought despite a contracts unlawful purpose

December 1, 2016

What if you discover your contract requires you to do something illegal? Or that your counterparty had some illegal purpose in mind when you did the deal? Sadly this appears to be an increasingly common predicament. Earlier this year, the UK Supreme Court clarified the law in this area, steering away from the myriad of different "rules" parties have long been grappling with, towards a more discretionary approach. Will this produce more just decisions or lead to even more risk and uncertainty where illegality rears its head?