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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 of newspaper advertisements, is likely to lead to direct cost savings and, if properly implemented, to increased fairness, transparency and…
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 about the liability of an acquiring company related to the conduct of a target, after the takeover has been finalised.…
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 about the liability of an acquiring company related to the conduct of a target, after the takeover has been finalised.…
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 by an organ of state and will usually refer the matter back to the administrator for re-consideration. In IDC v