TOOLS OF THE TRADE – JULY 2020
Ms Maritza Breitenbach holds a Bachelor of Science degree (cum laude), a Teaching Diploma and a Certificate in Small Business Management (magna cum laude), all from North-West University (NWU). She also completed a Master’s degree (Philosophy in Biomedical Ethics) (cum laude) at the University of Stellenbosch (US). Among her many diverse talents, she is also a published author, a seasoned entrepreneur, and an accomplished sculptor. In her article, she explores the many elements that make up deductive and inductive reasoning processes, with a particular caveat against false syllogisms.
LOGICAL REASONING APPLICATION:
CONSTRUCTING AN ARGUMENT
Mastering the art of argumentation requires a combination of skills and techniques based on two principles: critical thinking and logical reasoning. In this article, Ms Maritza Breitenbach builds on her article in our May 2020 e-periodical, ‘The Elements of Logical Reasoning’, by delving deeper into the prerequisite knowledge of fundamental truths to avoid committing crimes of logic and to achieve the desired outcome of an argument: consensus.
Chris Binnington is a director of the Association of Arbitrators Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators. He was, from 1997 to 2010, the Chairman of the Association, and is widely regarded as one of the most experienced adjudicators in South Africa. He has presented numerous training courses on the process of adjudication and has assisted a number of organisations to set up panels of adjudicators. He is also a director of ‘Binningtons engineering and construction contract consultants’ offering commercial and contractual advice to employers, contractors and sub-contractors in the construction industry.
DEALING WITH DEFAULTING LOSERS IN ADJUDICATION
What to do when a losing party turns to review instead of honouring the immediate payment due following an adjudication decision? Chris Binnington, a director of the Association of Arbitrators Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators, suggests a small yet significant contractual amendment to hinder the onset of arbitration proceedings in lieu of payment.
ADJUDICATION
What to do when a losing party turns to review instead of honouring the immediate payment due following an adjudication decision? Chris Binnington, a director of the Association of Arbitrators Southern Africa (NPC) and a Life Fellow of the Association of Arbitrators, suggests a small yet significant contractual amendment to hinder the onset of arbitration proceedings in lieu of payment.
Mr Alastair Hay is an admitted attorney and a senior partner at Cox Yeats Attorneys. He is a Notary Public, holds a certificate in tax (UKZN), and invests his time pro bono by sitting as a Small Claims Commissioner on a monthly basis, which he has done for the past 32 years. He is a member of the International Bar Association, and a recognised expert in the field of construction law. He is also a specialist in corporate law in the global publication Best Lawyers (www.bestlawyers.com), published in the US. Alastair is a longstanding Fellow and a current Director of the Association of Arbitrators (Southern Africa) NPC.
THE CHANGING FACE OF PUBLIC PROCUREMENT
In February 2020, the Public Procurement Bill was published for comment by 30 June 2020. The stated aim of the Bill is to take the current fragmented law governing public procurement and combine it into one regulatory statute. Mr Alastair Hay, senior partner at Cox Yeats Attorneys, unpacks key features of the Bill in relation to Section 217 of the Constitution regarding procurement and the allowance for preferences to be accorded to historically disadvantaged persons. He also highlights the proposed fundamental shift of control from statutory law to government executive discretion, increasing uncertainty and the potential increase in the cost of State procurement.