My Counsel

My Counsel ADVOCATE NTOMBIFUTHI OKPUGO ⚖️

20/09/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

COMMERCIAL TRANSACTIONS

Distinction between agent, employee and independent contractor

An employee is a person over whom his employer or master has the right of direct control and supervision. He must obey all lawful and reasonable orders of his master. An independent contractor is entirely free from such control and supervision; he undertakes ti produce a given result and employs his own means to achieve it. An employee is an agent who works under the supervision and direction of his employer; an independent contractor is one who is his own master. An employee is a person engaged to obey his employer's orders from time to time. An independent contractor is a person engaged to do certain work, but to exercise his own discretion as to the mode and time of doing it.

Both employees and independent contractors may for certain purposes and in appropriate circumstances Act as the agent of their employers. An agent normally, however, is not in the same position as is the employee in relation to his master. The agent is not subject to his principal's direct control or supervision. Nevertheless he is bound to exercise his authority in accordance with such instructions as he may receive from the principal in the course of the agency.

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

20/09/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

INSURANCE LAW

Law applicable

In the Republic, friendly societies are governed by the Friendly Societies Act, (hereinafter referred to as the act). The Act applies to all friendly societies as defined in the Act it has been exempted from the provisions of the Act by the Registrar and an Assistant Registrar administer the Act under the control of the Minister of Finance who appoints them.

Definition and objects

In terms of the Act a friendly society is any association of persons which has been established for any certain objects specified in the Act or any business which is carried on under a scheme or arrangement instituted for any of such objects.

These objects are:

the relief or maintenance during minority, old age, sicknesses or other infirmity, whether bodily or mental, of members or their spouses, children or other relatives or departments, and of the surviving spouses of deceased members; the endowing of, or granting annuities to, members or their nominees; the making of contributions towards the cost of a members medical, dental or hospital expenses, the insurance of a sum of money to be paid or other benefit to be provided on the birth of a members child, or the death of a member or dependant or in the form of an endowment insurance, or towards the expenses in connection with the death and funeral of a member or dependant, or during a period of confined mourning by a member or such person; or the insurance against fire or other contingencies of the tools of trade of a member; or the provision of money upon the loss of employment by a member; or the relief or maintenance of members when unemployed or in distressed circumstances otherwise than in consequences of a strike or lock-out; or the provision of sums of money for advancement or the education of members or their children.

A friendly society may be established for any of these objects but no association or business shall be regarded as a friendly society if ...

• none of the persons entitled to benefits contribute thereto, or
• any of its activities fall within the objects of a pension funds organisation or
• if in terms of its rules each member is entitled at all times to withdraw the full amount of his or her contributions; or
• if the benefits available are provided exclusively through repayable loans.

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

19/09/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

Happy Thursday 🌱🌟

This is our Week 3 and we will be sharing the content regarding:
Insurance Law and Commercial Transactions

Have a blessed week ❤️

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

17/08/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

COMMERCIAL TRANSACTIONS

Agency and Representation
(Definition)

The term 'agency' does not admit of a concise definition as it covers a variety of meanings. In the first instance "Agency'is used to denote an agreement in terms of which one person called 'the agent" performs some task for another, the principal, relating to the conclusion of a juristic act by or for the principal.

In a broad sense agency embraces both representation and Mandate. Representation is the phenomenon of one person concluding a juristic act on behalf of another. Mandate, 'mandatum' or 'lastgeving', is a contract whereby one person, the mandatary, undertakes to perform lawful tasks for another, the Mandator.

Although an agent may In certain circumstances be a mandatary, the terms "agency" and "mandate" are two different concepts. In a strict sense the mandatary (lashebber) is not the agent of the mandatory (lasgewer). Thus, in normal circumstances, an attorney is not the agent of his client but a mandatary.

A contract of mandate has been defined as a consensual contract between one party, the mandator, and another, the Mandatary, in terms whereof the mandatary undertakes to perform a mandate (commission or task) for the mandator.

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

17/08/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

INSURANCE LAW

Friendly Societies
(Introduction)

Friendly Societies are mutual associations which provides benefits of various kinds for their members. The essence of institutions of this nature is mutuality of interest between the members, such as a group of employees of a large company. Broadly, the benefit becomes available where some misfortune has overtaken a member or one of his relatives or dependants. Friendly Societies are welfare organisations operating on principles analogous to those of insurance.

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

03/07/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

EMPLOYMENT

APPLICATION OF THE ACT
(Introduction)

The long title of the Labour Relations Act (LRA) describes the primary objectives of the act, which are also found in Section 1. The purpose of the Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by giving effect to and regulating fundamental rights as set out in the Bill of rights, giving effect to obligations incurred by the Republic as a member of the ILO (International Labour Organisation), by providing a framework within which employees, unions, employers and employers organisations can bargain collectively and formulate industrial policy and by promoting orderly collective bargaining, bargaining at sectoral level, employee participation in decision-making and effective resolution of labour disputes. When applying the LRA, effect must be given to its primary objectives and it must be interpreted in compliance with the Constitution and with the public international law obligations of the Republic.

The LRA enjoys supreme status in the labour context. Should conflict arise between the LRA and the provisions of any other law, save the Constitution, the provisions of the LRA shall apply.

The LRA repeals the separate legislation dealing with labour relations in agriculture, education and the public service.

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

03/07/2023

LAW CHAMBERS ⚖️ Advocate Ntombifuthi Okpugo

Happy New Week 🌱🌟

This is our Week 2 and we will be sharing content regarding:
Employment and Companies

Have a blessed week ❤️

📞: 076 874 0027/071 334 2014 📧: [email protected]

WhatsApp: 071 334 2014 🏛: Shop 1, Jan Van Riebeeck Str, Ermelo

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