​As Africa enters a critical decade of energy development and industrialisation, the demand for reliable power, sustainable infrastructure and clean energy sources is reshaping the investment landscape. At the same time, the imperative to transition responsibly—without infringing on the rights of individuals or communities—is more urgent than ever.

Among the greatest threats facing infrastructure development today is climate change. To mitigate the associated risks for all sector stakeholders, there is a pressing need to make better use of modern technologies and to establish contractual frameworks that are appropriately structured from the outset.

Certainty is a bedrock principle of South African contract law. Once parties have entered into a contract, they are bound by its terms. Courts have consistently upheld this principle, reminding us that "our law does not recognise the right of a court to release a contracting party from the consequences of an agreement duly entered into by him merely because that agreement appears to be unreasonable."