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Financial Institutions Legal Snapshot

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Waiver of rights

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Failure to object to short payment may be a waiver and result in prescription

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on June 4, 2018

An intention to waive must be inferred reasonably; no-one can be presumed to have waived rights without clear proof. The test for such intention is objective. Silence and inaction will do when a positive duty to act or speak arises.

A security company rendered security services to a municipality for six years. During the second…

Posted in General

Settlement agreements and waiver of right to approach courts

Photo of Aslam Moosajee (ZA)
By Aslam Moosajee (ZA) on September 19, 2016

On 15 September 2016, the Constitutional Court in Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Ltd, held that a full and final settlement clause in an agreement to settle a dispute was lawful, even though the agreement contained a waiver to approach the CCMA or any other court for relief.

The court highlighted the…

Posted in General

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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