Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the failure of the National Prosecuting Authority to prosecute persons who were involved in murder and other serious offences during the apartheid years and who were unsuccessful in securing amnesty.
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The test for determining who is an employee and who is an independent contractor differs with reference to persons who earns above or below the threshold in terms of s6(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA). An independent contractor, unlike TES employees, is not an employee either of the client or the TES. Independent contractors render services for a fee, whereas a TES provides labour to a client for reward. Ultimately the test is always substance over form and the nature of the agreement is not definitive.
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An important, yet undervalued principle in loan transactions is the pari passu principle. The principle concerns the ranking of lenders’ claims and concomitant security rights in loan transactions. In this article, the meaning and scope of the pari passu principle in loan transactions isdiscussed.
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