Beware of the tender fraudsters

Don’t be flattered when you receive an invitation out of the blue to tender for what appears to be a lucrative government contract. The normal process is that you look for a tender – the tender does not come looking for you. As the economy opens up again with the promise of increased business activity, […]

A contractual clause can’t cure fraud

Namasthethu Electrical[1] learnt the hard way that it could not enforce a contractual right it had secured through its fraudulent conduct. The SCA not only confirmed that the City of Cape Town correctly terminated Namasthethu’s tender, but ordered punitive costs when it held that the arbitration clause on which Namasethethu relied did not survive the […]