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for the grounds when the trust may be terminated, there should not be cause
for concern about a random termination of your trust which leaves your
beneficiaries unprotected. If you are unsure about your trust deed’s current
termination provisions, consult your attorney or estate planner and discuss your
trust deed and any concerns you may have.

Can I ask the municipality to extend the period
to appeal? Commercial

Kitso Tshipa
July 2018

“Our company recently tendered for municipal work. The tender was awarded
to another company and the municipality published a notice allowing 21
days within which to lodge an appeal. We missed the notice because of the
school holiday period and did not appeal. When we asked the municipality for
an extension of the notice period to appeal, they refused. I still think we could
be the successful tenderer if we could get a chance to show the municipality!
Can we force them to allow us to appeal?”

In a very similar set of facts our High Court recently had to consider whether
a municipality could provide an extension of time for an appeal to a party
beyond the 21-day time period allowed for by the Municipal Systems Act 32 of
2000 which regulates the conduct of municipalities.
In deciding on the matter, the High Court found that the municipality, as an
administrative authority had no general power to create an exception for a
party who had failed to comply with the unconditional statutory time period
where the statutory provisions did not create scope for exceptions to be made.
Accordingly, despite the merits of whether an appeal should be considered,
the fact that the appeal was submitted late could not be condoned by the
municipality and the municipality did not have the power to make an exception
and allow a late appeal.

In your situation, it therefore sounds as if the same principle may apply and that
despite your perceived merits in believing you have grounds for an appeal, the
above principle will not allow your municipality to consider extending the period
for the lodging of an appeal.
Government procurement however remains an intricate area and it is advisable
that you obtain specialist legal advice before deciding on any specific course
of action in this matter.

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