Engineering Profession Act, 2000

Protected disclosures – whistleblowing – whether a manager’s professional opinion about underqualified appointees constitutes 'information' and an 'impropriety' under the Protected Disclosures Act; scope of High Court jurisdiction vis-à-vis Labour Court under PDA; requirements of section 9(1) and section 9(2)(c)/(d).

Engineering Professions Act 46 of 2000 — s 18 registration applies to natural persons in specified categories — juristic persons (companies) need not register as engineers; non locus standi plea for failure to plead individual registration dismissed. Interpretation — statutory definition of 'person' (Interpretation Act) displaced by context; trusts distinguished from companies.

Procurement law; constitutional remedy s172(1)(b); emergency procurement; just and equitable remedial discretion; no‑profit dictum not absolute; requirement for audited accounts and expert determination; set‑off of reasonable expenses; performance under invalid contracts.

Prescription Act – Contractual debt – Commencement of prescription period – Impact of invoices on debt maturity – Interruption by acknowledgment of liability.

Administrative law – PAJA review of disciplinary process; inadequate investigation and perfunctory investigator’s report; failure to consider relevant evidence (design, witnesses, contract); procedural unfairness under s6 PAJA; Oudekraal principle – antecedent invalid decision vitiates dependent appeals; remedy: set aside and remit for fresh investigation.

* Contract – construction and interpretation – written appointment letters clear and unambiguous – budget clause caps combined construction costs and professional fees. * Parol evidence/factual matrix – limited role; extrinsic evidence may not contradict or vary clear express terms. * Professional fees – ECSA guidelines apply but fees must be calculated from correct construction-cost bases and proven deliverables; unsupported or erroneous calculations fail. * Civil procedure – refusal to separate issues under Rule 33(4), refusal of postponement and refusal to refer disputes to a referee without consent. * Costs – plaintiff ordered to pay defendant's costs on attorney-and-client scale, including expert fees.

Procurement law – PPPFA s2(1)(f) – objective criteria and post-scoring due diligence – functionality vs objective criteria – unacceptable commercial risk – tender conditions (para 5.11.4 & 5.13) – fair hearing – eligibility/registration requirements for consulting engineering services.