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South Africa decisions
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Nell v Franzall Insurance Brokers CC (821/11) [2015] ZANWHC 61 (17 September 2015)
The High Court held an insurance broker liable for failing to arrange cover and to warn of a tracker requirement, with quantum left for later determination.
Viva Engineering Project CC and Others v Minister of Water Affairs and Others (64340/13) [2015] ZAGPPHC 372 (5 June 2015)
The court held that the second applicant, a purported joint venture, lacked locus standi because the joint venture never existed. A non-existent entity cannot have legal standing or constitutional rights. The court found no reasonable prospect that another court would overturn this finding. Furthermore, the court determined that a bidder disqualified in the first phase of a phased evaluation bidding process does not have locus standi to challenge decisions made in subsequent phases, as such interests are not real but hypothetical or academic. Regarding SDB9, the court found its terms reasonab…
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