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"
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.
Please Please retweet, as this will help me a great deal...
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.
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...
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.