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“Bureaucracies are inherently antidemocratic. Bureaucrats derive their power from their position in the structure, not from their relations with the people they are supposed to serve” (Alan Keyes, American politician)
Fighting red tape is a growing problem worldwide, and we South Africans are certainly not immune. We should welcome therefore two recent court decisions which threaten inefficient/disinterested/ corrupt bureaucrats with personal liability for legal costs if their misconduct forces us to fight them in court.
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Contracts should always contain a “non-variation” clause providing that no variation of the agreement is of any force or effect unless it is in writing and is signed by all parties.
A recent High Court case resulting from a property dispute shows why.
Landlord v Tenant: The restaurant that fell on hard times …..
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Will your claims against sureties be prejudiced if your claim against the main debtor is compromised during business rescue proceedings?
Regular LawDotNews readers will recall the different approaches taken by various High Courts to this question, and creditors will be relieved to learn that now the Supreme Court of Appeal has confirmed that your suretyship claims can indeed be protected – but it’s up to you to do so.
Read more for your action list . . .
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