My Fellow South Africans... I need your assistance.

Force Majeure is a legal term which I believe will help many South Africans if we can get @OCJ_RSA to rule that @PresidencyZA #lockdown is an event of Force Majeure.

Please retweet & read this thread 🙏
Now this course of defence is an extreme long shot & I will not lie by saying there is reasonable success.

Of the 15+ cases I have seen in court since 2020 all have failed as they did not prove the understanding of Force Majuere.

The basic definition meaning...
"Parties include force majeure clauses to modify the common law position in respect of impossibility of performance which, as explained below, requires the performance to be objectively impossible for the party to be excused from its obligation"

werksmans.com/firm-news/forc…
Basically we would need to prove that it was impossible to predict @PresidencyZA would effect a lockdown for 500 days.

It was further impossible to predict the great effect this would have on the Tourism Industry @LindiweSisuluSA as well as others

Lastly it is impossible to...
Predict when the #Lockdown will end.

It was impossible to believe a great number of employers would unilaterally & unlawfully adjust or decrease in entirety the salaries of employees.

And all of the above have contributed to the supervening impossibility of the...
South African consumer to honour contractual payments as per credit agreements.

If you agree in principle that this makes sense to the reasonable mind & that @OCJ_RSA should indeed rule that #Lockdown is an event of Force Majeure thereby granting South Africans a bit of relief.
Ladies Gentlemen, Please assist with a retweet...

Really need the assistance of my fellow South Africans

@DrVoetsek @Just_A_Driver24 @AskGregory @TDilema @steve_hofmeyr @ConCaracal @DodgyIdealist @BigDaddyLiberty @KoketsoResane @LouisNel @RomanCabanac @Unathi_Kwaza @UnathiGX

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Xavier Bapoo

Xavier Bapoo Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @JustXavierB

12 Aug
In other words... @OCJ_RSA @PresidencyZA...

Pro Bono Org, the authority on Pro Bono representation... Just told me "Good Luck".

Haha oooh so I'm pretty much stuck with representing myself.

And that folks is the legal industry in RSA when you are a middle class citizen Image
So wheres my legal list of dilemmas now?

1. Contempt of Court order to be lodged against my mother. High Court

2. Action against my mother & brother to sell my property share. High Court

3. Defamation case on a Google Review. Magistrates and Constitutional Court
4. About 4 cases of non payment with FNB due to loss of income, based on Force Majuere.

5. Case of non payment/contract cancelation with MFC Nedbank

6. Overcharged interest on Homeloan with Nedbank

7. Nedbank credit card non payment/contract.

8. Telkom breach of contract.
Read 8 tweets
30 Jul
Had a GOOD conversation with @AskGregory and its lead me to believe that there is opportunity for a service may not like that of @khayadlanga who did have good intentions but one that accomplishes the following:

1. Provides info on court rules & processes
2. Provides legal templates for court pleadings, applications & notices

3. Creates a platform for debate of cases between qualified attorneys, professors & students/citizens

4. Provides sponsoring of printing& sheriffs fees for those who cannot afford it.
5. Offers basic info on the insurmountable amount of legal entities, ombudsman & legal associations in South Africa as well as their purpose & jurisdiction

6. Provide a service to check the registration of suspected fraudulent attorneys.
Read 7 tweets
29 Jul
#TeamDefender @LandRoverZA @LandRover

The new Defender is the stuff of legend, but the list of extras is even more legendary...

I chose the Defender 90 X-Dynamic D300 HSE

With the beautiful Godwana Stone metallic paint to fit its home in Africa

build.landrover/506A6F08
Choosing Accessory packs was near impossible but I settled with the full "Explorer Pack" and opted to keep the cloth roof for those coastal drives...

Wheels were an obvious choice with 20" Gloss Black 6 spokes to fit in with the Range Rovers...

5 seats are always...
Better than 3 & you just never know when the in laws might visit...

Interiorwise the Khaki with Ebony Leather and Light oyster headliner give the Defender a feel of being roomier than it is...

The 11.4 screen and Meridian Sound system is a must but I just had to add the...
Read 6 tweets
29 Jul
The scariest thing I wish they had taught me was financing...

The 1st time I financed a vehicle was 2014, I had a 6k salary & at first the idea was to get a 2010 Polo 1.9 tdi 2 door... Was R79k.

So I show up to the dealer on foot & look at the car, the ask if I can test drive
The salesman didn't take me seriously but we went, then when we came back I said can we try a finance application.

Ey the way this man judged me when he saw my payslip he was like this guy will never qualify.

So we go in the F&I office & I gotta say all those questions have...
You feeling like it's an interrogation not an application anyway we submit & I wait for what is the longest half hour of my life.

Then I see these Chinese Geely cars for 100k brand new...

I was like no way 6 airbags, electric windows, USB this is nice man.

Finance lady
Read 5 tweets
28 Jul
Here's how @PresidencyZA may be able to make vaccine passports legal and in line with the @ConCourtSA.

If they place it before @ParliamentofRSA on the basis that it is in the interest of everyone's constitutional right to life then it can become a law...

Now they wouldn't be...
Restricting your right to move freely within the republic of RSA because you do have the choice to travel within the republic

However the constitution says nothing about the freedom to travel outside the country and on that part he can definitely make it mandatory
Of course I'm no constitutional expert or even a lawyer but it's my basic interpretation and idea of how they could actually do it.

Of course there are better men then me who could weigh in...
Read 5 tweets
27 Jul
You have to appreciate the success of @smegsouthafrica in comparison to the South African economy... And I think even @MichaelBucwa may agree with my points...

1. The success & sales of SMEG over the last decade, to many of us the brand is pretty fresh in our minds...
Becoming synonymous with a successful lifestyle next to ones car keys to a German vehicle must be a few SMEG appliances in the kitchen with many retailers stocking these R2k kettles that do the exact same thing as a R100 kettle but look way better doing it.

2. In the midst...
Of @PresidencyZA highest levels of unemployment and so called inequality the brand has done exceptionally well where both Nespresso, Delonghi and other Italian luxury brands failed to fully capture the market on luxury appliances.

Unlike the banks who collect the racial data...
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(