Home /Our Insights /Home /Home
BOND CALCULATOR SUBSCRIBE

Our knowledge, your power

Read More Insights

GO
GO
Filter: Contract Management
The Applicability of Section 73A of the BCEA on Independent Contractors

03 September 2024

The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords... you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to you? Does your ability to claim owed monies through the Commission for Conciliation, Mediation, and Arbitration (CCMA) depend on whether you are classified as an employee or an independent contractor? This article aims to argue that independent contractors may refer a dispute to the CCMA in terms of Section 73A of the Basic Conditions of Employment Act (BCEA).

READ MORE
8085
Article
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944. CONSENT TO JURISDICTION

05 December 2022

“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of... R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of the Magistrates Court in order to save costs when action is brought due to the debtor failing to perform in terms of the agreement. Kindly explain this situation to me.”

READ MORE
18377
Article
Early cancellation of a residential lease agreement by the tenant

29 July 2020

The year 2020 has been an unpredictable year, to say the least. Each new week seems to hold its own... uncertainties and concerns. In such times, it is important for tenants of residential property to know what their rights are in terms of premature cancellation of lease agreements that may be necessitated by COVID-19, the pursuant lockdown and general change of personal circumstances.

READ MORE
5739
Article
Relying on a vis major clause in a contract in times of COVID-19

29 June 2020

The COVID-19 pandemic threatens various economies and challenges several governments. After the pandemic dawned on South Africa, President Cyril Ramaphosa... announced a National State of Disaster on 15 March 2020 and then a national lockdown commencing at midnight on 26 March 2020. As a result, schools, churches and businesses have closed down, until further notice. These closures will challenge several contractual rights and obligations.

READ MORE
1422
Article
Cancelling a contract? The Do's and Dont's to consider!

06 February 2018

When a person wants to cancel a contract, the cancelling party (innocent party) will have a choice to either cancel... the contract or to enforce it. This article refers to the innocent party and the party in breach. The reader must however remember that fault it not a requirement for breach of contract.

READ MORE
2635
Article

How can we help you?

Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

VIEW EXPERTISE

Appeal

Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation... and records, case management, legal representation, briefing of counsel and all related support services.

VIEW EXPERTISE

Banking and Finance

Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and... negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

VIEW EXPERTISE

Bond Registration and Cancellation

Advice and support regarding the registration and cancellation of mortgage bonds, drafting and preparation of securities, engaging with financiers, preparation... and lodging of documentation with the Deeds Office, engaging with third parties, obtaining all necessary authorities and approvals, management of the registration or cancellation process.

VIEW EXPERTISE

Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations,... drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

VIEW EXPERTISE

Commercial Contracting

Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and... audits, risk assessments, negotiation, mediation and dispute resolution.

VIEW EXPERTISE

Consolidation and Subdivision

Advice and support regarding the consolidation or subdivision of immovable property, including the preparation and lodging of documentation with the... Deeds Office, obtaining all necessary authorities and approvals, engaging with third parties, management of the consolidation or subdivision process.

VIEW EXPERTISE

Consumer Law

Advice and support in respect of all aspects of legal and regulatory aspects relating to the consumer including business audits,... risk assessments, drafting of policies and procedures, consumer agreements, drafting of forms, terms and conditions, e-commerce and other aspects relating to consumer law.

VIEW EXPERTISE

Contract Management

Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract... management policies and procedures, standardised contract formats.

VIEW EXPERTISE

Corporate

Advice and support in respect of entity formation, preparation of founding documentation, registrations, maintenance, amendments, drafting of agreements and resolutions,... and company secretarial and administrative support services

VIEW EXPERTISE

Corporate Governance

Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the... drafting of opinions and documentation.

VIEW EXPERTISE

Cost Consultancy

Cost consultancy advice and support to law firms and clients in respect of litigious and non-litigious costs, drawing and taxation... of bills of account in all South African Courts, drawing and assessment of non-litigious statements of accounts at Law Councils, and opposing or settling of bills of costs.

VIEW EXPERTISE

Stay up to date with developments

SUBSCRIBE NOW