Adopting a Mandatory Vaccination Policy

On the 11th of June 2021 the Department of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (“the Direction“) issued in terms of certain regulations under the Disaster Management Act 2002. The Direction effectively introduced the Department of Employment and Labour’s view on whether or not…

Contract signing

Fairness vs Certainty in Contract Law – An analysis of the law after Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust

Abstract On 17 June 2020 the Constitutional Court handed down judgment in Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust and Others (2020) ZAC 13, and provided its position on the proper constitutional approach to the judicial enforcement of contractual terms, and, in particular, the public policy grounds…

Contract signing

COVID-19 and its effect on contractual obligations. A discussion on force majeure and supervening impossibility of performance.

Client Alert: COVID-19 and its effect on contractual obligations. A discussion on force majeure and supervening impossibility of performance. It is a fundamental principle in South African law that contracts entered into freely and voluntarily are binding and enforceable between the parties to the contract. However, a party to a contract may be excused from…