Soc 135

This case is about what remedies are available to a person whose confidential legal advice, in respect of which that person claims legal professional privilege, is by some or other unauthorised means, released into the public domain.

Soc 135

This matter initially came to court by way of urgency.

Soc 135

Both parties were agreed that the application and the counter-application needed to be heard as a matter of urgency. That was the case since the agreement which is the subject-matter of these proceedings was due to lapse on 31 July On 11 July the order of urgency in respect Soc 135 both the main application and the counter-application was granted.

The parties approached the Acting Deputy Judge-President Soc 135 a special allocation of the matter. As a result, the matter was argued before me in the urgent court on 14 July The exceptional circumstances of the matter warranted that the order be made before the expiry of the agreement on 31 July Accordingly, on 26 July I issued an order in the following terms: Lornavision is to pay the costs of the main application and the counter-application, including costs consequent upon the employment of two counsel.

What follows are the reasons. The express material terms of the agreement entailed, among other things, that Lornavision would assist the SABC with the collection of debt relating to the payment of television licences.

When the agreement was signed, Lornavision was represented by one of its directors Mr. It is not necessary to restate the terms of the services agreement, save to mention that the parties expressly agreed that Lornavision would render collections of television licence debt, including collection on account renewals per month.

In turn, the SABC agreed to make payment in consideration for the services rendered. In that connection, the payment had to be made within 30 days of presentation of a valid tax invoice, in full, free of set-off, bank exchange, commission or any other deduction.

It is common cause that, as at 30 April the amount of R19, The SABC made its last payment to Lornavision in terms of the services agreement on 16 Februaryafter which it simply ceased to make any further payments.

This resulted in Lornavision launching the present application demanding payment of the amount of R15,For its part, the SABC strenuously opposes the application and in turn has launched its own counter-application which seeks the review and setting aside of the services agreement as unlawful.

Accordingly, there are two applications before this Court: The nub of the matter hinges on the following set of facts. Consequently, the SABC contends that it is not obliged to make payment under an illegal agreement.

Later, I will return to a brief consideration of the issue of estoppel. Lawfulness of the Agreement The golden thread running through the main application and the counter-application concerns the lawfulness of the agreement between Lornavision and the SABC.

Soc 135

At the heart of the dispute lies the perennial issue of procurement of goods and services by a public entity. Accordingly, it is worth paying regard to the legal framework and legislative prescripts that govern state or public entities when entering into contracts of goods and services.

In the nature of things, it owes its survival to the public purse. Like all other public entities, the SABC is duty-bound to discharge all its duties and functions in accordance with the law. Its conduct should be beyond reproach and is expected to measure up to its policy and legislative prescripts that concern the procurement of goods and services by public entities.

To appreciate the issues at hand, I deem it appropriate to consider the broad principles that underlie the importance of lawful conduct on the part of public statutory bodies when discharging their public duties. In that regard, a brief survey of the applicable constitutional and legislative principles underscoring the importance of a transparent and open public tender process is merited.{"currentTermDate":{"date":"","year","campus":"AC","term":0},"units":[{"code":"34","level":"G","campus":"NB","homeCampus":"NB","description":"Bloustein.

Social Sciences (ISSN ) is an international, open access journal with rapid peer-review, which publishes works from a wide range of fields, including anthropology, criminology, economics, education, geography, history, law, linguistics, political science, psychology, social policy, social work, sociology and so on.

Social Sciences is published monthly online by MDPI. The Somersetshire Coal Canal. The Somersetshire Coal Canal was built to carry coal from the Paulton and Radstock coal fields to the Kennet and Avon Canal. Non-volatile FPGAs deliver the lowest power with proven security and exceptional reliability.

The Bend+Libration Combination Band Is an Intrinsic, Collective, and Strongly Solute-Dependent Reporter on the Hydrogen Bonding Network of Liquid Water. The System Dynamics Society. Click here to join or renew online! UPDATE: Our New Office and Executive Director begin operations on September 1.

We have new contact information! Please make sure to update this information in your contacts.

Tegra - Wikipedia