Deadlock-Breaking Mechanisms

Deadlock-Breaking Mechanisms

The Lifelines for Agreements to Agree and Agreements to Negotiate in Good Faith   In order for a contract to be valid, it needs to fulfill certain requirements. Firstly, the parties entering into the contract need to have the capacity to do so. Secondly, there needs to be a meeting of the minds on the…

Poor Work Performance vs Misconduct

A dismissal is unfair if it is not effected for a fair reason (substantive fairness) and in accordance with a fair procedure (procedural fairness).[1] There are three grounds on which a termination of an employee might be legitimate, namely conduct, capacity and operational requirements.[2] The Code of Good Practice provides for guidelines relating to dismissals…

Business Rescue Proceedings

Following the commencement of the Companies Act 71 of 2008 (hereafter referred to as the “Act”),[1]  Business Rescue Proceedings have been introduced as a mechanism to assist with the rescue and recovery of financially distressed companies in such a manner that it balances the rights and interests of all relevant stakeholders.[2] The purpose of this…

Striking an Agreement Before Striking Gold

Following the commencement of the Mineral and Petroleum Resources Development Act[1] (MPRDA) in 2004, the State is now the custodian of the mineral and petroleum resources in South Africa.[2] As such, the Minister of Mineral Resources is empowered to grant prospecting rights and mining rights after certain statutory requirements have been satisfied. One such requirement…

Blacklisting: How to legally blacklist consumers

Although not defined in the National Credit Act 34 of 2005 (the Act), nor in the Regulations thereto, “blacklisting” is a far too familiar concept to most South African consumers and businesses. “Blacklisting” can be defined as the submission of negative payment information to a registered credit bureau. (LS Crawford v JD Group Limited 2015)…