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Interpretation of Contracts in South Africa

Interpretation of Contracts in South Africa 2ed (Durban: LexisNexis 2007) at 119 – 122): • Words are used in their ordinary sense. • A court will take judicial notice of the ordinary grammatical meaning of the words. • Words are used precisely and exactly. • The same word or expression in the same contract has the same meaning.

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Can unfair or unreasonable contracts be set aside? The …

When it comes to enforcing contracts, South African courts have grappled for some time with thecompeting values of fairness, reasonableness and good faith on the one hand and on the other, thenotion of legal certainty and the notion of pacta sunt servanda (being the recognised principle thatcontracts freely entered into between …

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In brief: mining rights and title in South Africa

Learn about the state control, public availability and acquisition of mining rights and title in South Africa under the Mineral and Petroleum Resources …

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Guide to Essential Commercial Contracts in South Africa

Before delving into specific contracts, it's imperative to grasp the legal framework governing commercial agreements in South Africa. The law of contract, primarily governed by the common law and supplemented by statutory provisions such as the Consumer Protection Act and the Companies Act, sets out the principles and …

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What are Antenuptial Contracts and How to Register an …

Steps on How to Register Antenuptial Contracts in South Africa. The registration requirements of an antenuptial contract, part of which is stipulated in the Deeds Registry Act 47 of 1937, in Chapter 7 are as follows: An antenuptial agreement must be signed before the marriage. It is required that the contract be attested to by a notary.

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Guidance on Using Incentive and Other Contract Types

• Types of Incentive Contracts o Award-Fee Contracts o Fixed-Price Contracts with Award-Fees o Cost-Plus-Award-Fee Contracts Page 23-24 • Predetermined Formula-type Incentive Contracts o Cost-Plus-Incentive-Fee Contracts Page 24-32 • Fixed-Price Incentive Contracts o Fixed-Price Incentive (Firm Target) FPI(F)Contracts

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Sash Mining | Comprehensive Contract Mining Services

Sash Mining is a black-owned mining service company that offers a comprehensive contract mining service in South Africa. We pride ourselves in providing complete …

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UMM | Minopex | Underground | Mechanised Contract Mining

UMM has "Massive Mining" experience from concept design to execution. The Company is the only Longhole Contractor in South Africa. UMM is not a conventional mining service provider.

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Comprehensive Mining Services | Solutions for the Mining …

Afrimat Mining Services offers contract mining, crushing and screening, drilling and blasting, load out, and logistics for the mining, construction, and quarry industry in …

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Fixed term contracts and the expectation of permanent …

Fixed term contracts. Section 186 (1) (b) and the expectation of permanent employment. Jan du Toit and Andre Claassen. Section 186 (1) (b) makes provision that one of the definitions of a dismissal is that an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms, but the employer …

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GOVERNMENT CONTRACTING AND PUBLIC …

public procurement in South Africa, and considers the scope of its application to government entities, contracts, privatisations and public-private partnerships (PPPs). It also provides an overview of the applicable procedures for public procurement, the evaluation and award of tenders, changes to existing contracts, and enforcement, …

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An Overview of Fixed-Term Contracts of Employment as a …

LLB LLM (SU). Lecturer, Mercantile and Labour Law, University of the Western Cape, South Africa. E-mail: [email protected]. [1] For a detailed and insightful explanation of the unitary nature of the contract of employment and eventual reception of typical employment in South Africa, see Le Roux World of Work.

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The Pitfalls to Avoid During the Implementation of Fixed-Term Contracts …

The onus in determining the reasonable expectation of renewal lies solely on the Employee, as stated in the recent case of Majambe v University of South Africa (2023) 7 BALR 770 (CCMA). In this matter, the Applicant was employed by the Respondent as a consultant and had entered two (2) consecutive fixed-term contracts.

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Termination of contracts with an indefinite term: South African courts

Perpetual contracts. In some jurisdictions, like most American states, parties may not enter into perpetual contracts, because they violate public policy and thus will not be enforced. In South Africa, however, parties may enter into a perpetual contract as long as they make it clear that they intend to be bound in perpetuity.

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Contract Mining

Our mining-related companies have the knowledge, experience, manpower and equipment to provide contract mining services to mining companies outsourcing construction …

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Signing suretyship in South Africa

Signing suretyship in South Africa. Signing surety for another person, whether family, business partner or friend, can seem like a simple formality in order to help that person successfully conclude an important transaction. ... The general contract law principles of South Africa dictate that it is presumed that anyone who signs a document has ...

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SOUTH AFRICAN FOOTBALL ASSOCIATION GUIDANCE …

the basis of the Player's Gross Income as set out in the employment contract concluded by the Player in respect of which he was represented by the Intermediary. It is recommended that signing-on fees, loyalty fees, initiation fees, administration fee or any fee

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Electronic Signatures and Contracts in South Africa

The starting point for a discussion about electronic signatures in the context of South African law is the Electronic Communications and Transactions Act (ECT Act) which was passed in 2002. The ECT Act started with the basic premise that digital communications are no less valid than paper based communications.

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Do You Have To Sign A Contract With A Black Pen?

When you sign an contract or agreement with a blue of even red or green pen - does it mean that it can be declared invalid? This is an interesting question, and one regarding which many disparate views exist. ... For an agreement to be validly signed under South African law it depends on the formalities relating to signing rather than the ink ...

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Contract Enforcement in South Africa: Key Legal Principles

Consideration, or quid pro quo, is a vital element of a valid contract in South Africa. It implies that each party must provide something of value in exchange for the promises made by the other party. Whether it involves monetary payment, goods, services or any other benefit, consideration ensures mutuality and prevents one-sided …

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Incentive Contracting

Award Fee . Unlike Incentive type contracts, Award Fee contracts utilize subjective criteria. The criteria are not quantitative and cannot be translated into a formula. FAR 16.401(e)(1) outlines conditions that must be met when considering Award Fee contracts.

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South African Contract Law – Law Guide

A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby obligations are discharged or extinguished; e.g. release, novation), real agreements (whereby rights are transferred; e.g. cession, conveyance), and family …

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How do attorneys' contingency fees work in South Africa?

A contingency fee model is also sometimes referred to as "no win, no fee". How contingency fees work in South Africa. In South Africa, it's common for personal injury lawyers and their clients to have contingency fee agreements. A "no-win, no-fee" attorney agrees to cover the costs involved in a case until the case is decided.

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Is it Legal to Work without a Contract in South Africa?

Q&A Q1: I have no contract of employment. What are my rights? A1: Even without a formal written employment contract, your rights are protected under South African labor laws such as the Basic Conditions of Employment Act and the Labour Relations Act.These rights include: Minimum wage as per sectoral determination. …

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A Comprehensive Guide to FIDIC Contracts in South Africa

If you have any questions about FIDIC contracts or need help drafting a contract, consult with a legal professional who specializes in construction contracts. Barter McKellar construction law attorney's professional have extensive hands on experience with water processing, civil, energy, mechanical piping and erection, engineering, petro ...

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Samsung Galaxy S21 Cellphone Contracts in South Africa

Samsung's new Galaxy S21 series smartphones are now available for pre-order in South Africa. ... with many operators only offering certain contracts as pre-order options. We have compared a number of the best available contract deals from these operators for the new Galaxy S21 smartphones at the time of writing. Galaxy S21 5G. …

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Understanding Employment Contracts in South Africa

Project-based contract. This form of contract is linked not by time but is linked by a need, in this case, a particular project. The contract will have a start date but no end date. However, it would state that employment will end when the project ends. Legal requirements. In South Africa, employment contracts are subject to various legal ...

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Contract mining: The good, the bad and the ugly

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Sub- contract agreements vs the letting of mining rights

It is the ordinary course of business for South African mining right holders ("MRH") to contract with third party service providers to carry out some, or all, of the …

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south african copper miningpanies

biggest miningpanies in canada - woodenlace.co.za. list of miningpanies south africa - nt-group. south africa largest miningpanies List of companies of South Africa ore crusher priceSouth Africa is the southernmost country in Africa It is the 25th-largest country in the world by land area and with close to 56 million people is the world s 24th-most populous …

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