Tag ArchivesMeegan Henkeman

Can a tacit term be read into a contract?

[1]In the case of Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd, the parties entered into a written contract on 25 February 2005 wherein the appellant was contracted to distribute imported agricultural products and then pay the respondent the amount owing as the respondent had a relationship with a Japanese manufacturer of the products. […]

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Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: Designation of Magistrates Courts as Equality Courts

In terms of Government Notice 38411 dated 22 January 2015, the Minister of Justice and Correctional Services, with effect from 1 December 2014, varied the Government Notice No. R 859 of 28 August 2009 by designating all magistrates courts mentioned in the Schedule as equality courts, in terms of section 16(1)(c)(i) of the said Act. […]

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The bells and whistles of employment contracts-know your way around yours

It’s that time of year where you’ve just landed a new job and your new employer has provided you with a new employment contract to sign. Before signing the employment contract and celebrating it, it is important to understand the contents of your employment contract. Broadly speaking an employment contract is: A voluntary agreement; Between […]

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Amendments to Labour law- The Labour Relations Amendment Act

The Labour Relations Amendment Act 6 of 2014 came into operation on 1 January 2015 with the exception of Section 37 (c). South African businesses will now have to not only comply with the new obligations created in terms of the LRAA but also adjust the way in which they have traditionally employed and managed […]

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Compliance with section 129 of the national credit act of 2005

In terms of section 129 of the National Credit Act of 2005 (“the Act”) it states that: “if a consumer is in default under a credit agreement, the credit provider: a) May draw the default to the notice of the consumer in writing and propose that the consumer refer the credit agreement to a debt […]

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