RRLLB81
ASSIGNMENT 3 SEMESTER 1 2024
4 - FINAL RESEARCH REPORTS
DUE DATE: 20 May 2024
, RRLLB81/103/1/2024
Research Report
RRLLB81
Assignment 3 Semester 1 2024
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
, RRLLB81/103/1/2024
SECTION B
TOPICS FOR ASSESSMENT 2 AND ASSESSMENT 3
Below you will find the research topics from which you have to select one for your research
report. The topics are arranged by Department in the School of Law. Most topics are
supplemented with background information and references to preliminary sources based
on the topics. The preliminary sources are the minimum sources necessary – you must
supplement the sources indicated through independent research on the topic
selected.
NOTE: You are required to select one (1) topic from those listed and to base your both
Assessment 2 and Assessment 3 for RRLLB81 on that same topic. You may not change
topics once you have selected one. We are able to identify your specific assignment
submissions and to verify that you keep to the same topic.
The due dates and unique numbers for Assessment 2 and Assessment 3 will appear
on the myUnisa module site for RRLLB81.
MERCANTILE LAW
TOPIC 1: COMPANY LAW
THE TURQUAND RULE AND THE LIABILITY OF COMPANIES IN SOUTH AFRICAN
LAW
Background
Companies are managed by directors who have the liberty to enter into a contract with
third parties. Obviously, companies may have internal rules that provide certain individuals
with the authority to contract on behalf of the company. A company representative may
enter into a contract without complying with an internal formality to which his authority is
subject. Of course, lack of formality may entail that the company should not be held liable
for a contract that the company has not assented to. This would lead to a third party
rendering a performance that may not lead to a counter performance by the company. The
lack of consensus between the third party and the company renders the contract null and
void. However, a third party may argue that he/she relied on the company’s representation
to assume that there will be counter performance or that the representative had the
required authority.
Conduct research on this problem and provide your own opinion on whether it is fair to
hold a company to a contract it did not assent to. Equally, is it fair for a company to benefit
from a performance of a third party without rendering counter performance?
Suggested reading material
Cases
One Stop Financial Services (Pty) Ltd v Neffensaan Ontwikkelings (Pty) Ltd 2015 (4) SA
623 (WCC)
The Mine Workers’ Union v JJ Prinsloo; The Mine Workers’ Union v JP Prinsloo; The Mine
Workers’ Union v Greyling 1948 (3) SA 831 (A)
39
, Legislation
Companies Act 71 of 2008
Books
Beuthin RC and Luiz SM, Basic Company Law (3rd edn, LexisNexis 2012)
Cassim FHI (ed), Contemporary Company Law (3rd edn, Juta 2021)
Journal Articles
Delport P, ‘Companies Act 71 of 2008 and the “Turquand” Rule’ (2011) 74 THRHR 132
Olivier EA, ‘The Turquand Rule in South African Company Law: A(nother) Suggested
Solution’ (2019) 5 J of Corporate and Commercial L & Practice 1
TOPIC 2: LABOUR LAW
WAGE ISSUES IN LABOUR LAW
Background
Employers and employees generally need each other to prosper. Employees are given
rights to resist any kind of exploitation by the employers, such as the right to strike.
Equally, the employer can use any machinery provided by the law to limit the employees’
abuse of their rights, such as a lock out. A right can be used to advance an interest, for
example employees can use the right to strike to compel the employer to take heed of their
wage demands. There is generally a balancing scale to ensure that employers and
employees deal with each other in a fair manner. However, most of the time employees’
issues are advanced by trade unions. The role of trade unions in employment issues has
become more prominent, particularly in wage negotiations. The role and manner in which
trade unions should advance employees’ needs in wage negotiation is at best unclear. It is
not quite clear whether trade unions should religiously promote the mandate received from
employees even when unreasonable, or whether the trade union should exercise a
measure of liberty in negotiations since they have the mandate to do so. How about
instances where a trade union ventures into the political arena instead of staying true to its
mandate? This means that a trade union can advance its own political interest instead of
promoting workers’ needs first. Which means that platforms such as arbitration could
remedy this problem. One wonders whether the current law limits such abuses. You can
research why it is important to resolve matters of mutual interest in a forum that promotes
the interest of both the employer and employee. A right to strike is an important tool
assisting employees to compel the employer to negotiate in good faith. The need for trade
unions to be regulated in terms of negotiating wages for employees is also important. This
is simply to ensure that everyone negotiates in good faith.
Suggested reading material
Cases
Public Servants Association v National Prosecuting Authority [2012] 8 BLLR 765 (LAC);
(2012) 33 ILJ 1831 (LAC)
Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA)
(2022) 43 ILJ 2764 (LAC); [2023] 1 BLLR 39 (LAC)
40
ASSIGNMENT 3 SEMESTER 1 2024
4 - FINAL RESEARCH REPORTS
DUE DATE: 20 May 2024
, RRLLB81/103/1/2024
Research Report
RRLLB81
Assignment 3 Semester 1 2024
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
, RRLLB81/103/1/2024
SECTION B
TOPICS FOR ASSESSMENT 2 AND ASSESSMENT 3
Below you will find the research topics from which you have to select one for your research
report. The topics are arranged by Department in the School of Law. Most topics are
supplemented with background information and references to preliminary sources based
on the topics. The preliminary sources are the minimum sources necessary – you must
supplement the sources indicated through independent research on the topic
selected.
NOTE: You are required to select one (1) topic from those listed and to base your both
Assessment 2 and Assessment 3 for RRLLB81 on that same topic. You may not change
topics once you have selected one. We are able to identify your specific assignment
submissions and to verify that you keep to the same topic.
The due dates and unique numbers for Assessment 2 and Assessment 3 will appear
on the myUnisa module site for RRLLB81.
MERCANTILE LAW
TOPIC 1: COMPANY LAW
THE TURQUAND RULE AND THE LIABILITY OF COMPANIES IN SOUTH AFRICAN
LAW
Background
Companies are managed by directors who have the liberty to enter into a contract with
third parties. Obviously, companies may have internal rules that provide certain individuals
with the authority to contract on behalf of the company. A company representative may
enter into a contract without complying with an internal formality to which his authority is
subject. Of course, lack of formality may entail that the company should not be held liable
for a contract that the company has not assented to. This would lead to a third party
rendering a performance that may not lead to a counter performance by the company. The
lack of consensus between the third party and the company renders the contract null and
void. However, a third party may argue that he/she relied on the company’s representation
to assume that there will be counter performance or that the representative had the
required authority.
Conduct research on this problem and provide your own opinion on whether it is fair to
hold a company to a contract it did not assent to. Equally, is it fair for a company to benefit
from a performance of a third party without rendering counter performance?
Suggested reading material
Cases
One Stop Financial Services (Pty) Ltd v Neffensaan Ontwikkelings (Pty) Ltd 2015 (4) SA
623 (WCC)
The Mine Workers’ Union v JJ Prinsloo; The Mine Workers’ Union v JP Prinsloo; The Mine
Workers’ Union v Greyling 1948 (3) SA 831 (A)
39
, Legislation
Companies Act 71 of 2008
Books
Beuthin RC and Luiz SM, Basic Company Law (3rd edn, LexisNexis 2012)
Cassim FHI (ed), Contemporary Company Law (3rd edn, Juta 2021)
Journal Articles
Delport P, ‘Companies Act 71 of 2008 and the “Turquand” Rule’ (2011) 74 THRHR 132
Olivier EA, ‘The Turquand Rule in South African Company Law: A(nother) Suggested
Solution’ (2019) 5 J of Corporate and Commercial L & Practice 1
TOPIC 2: LABOUR LAW
WAGE ISSUES IN LABOUR LAW
Background
Employers and employees generally need each other to prosper. Employees are given
rights to resist any kind of exploitation by the employers, such as the right to strike.
Equally, the employer can use any machinery provided by the law to limit the employees’
abuse of their rights, such as a lock out. A right can be used to advance an interest, for
example employees can use the right to strike to compel the employer to take heed of their
wage demands. There is generally a balancing scale to ensure that employers and
employees deal with each other in a fair manner. However, most of the time employees’
issues are advanced by trade unions. The role of trade unions in employment issues has
become more prominent, particularly in wage negotiations. The role and manner in which
trade unions should advance employees’ needs in wage negotiation is at best unclear. It is
not quite clear whether trade unions should religiously promote the mandate received from
employees even when unreasonable, or whether the trade union should exercise a
measure of liberty in negotiations since they have the mandate to do so. How about
instances where a trade union ventures into the political arena instead of staying true to its
mandate? This means that a trade union can advance its own political interest instead of
promoting workers’ needs first. Which means that platforms such as arbitration could
remedy this problem. One wonders whether the current law limits such abuses. You can
research why it is important to resolve matters of mutual interest in a forum that promotes
the interest of both the employer and employee. A right to strike is an important tool
assisting employees to compel the employer to negotiate in good faith. The need for trade
unions to be regulated in terms of negotiating wages for employees is also important. This
is simply to ensure that everyone negotiates in good faith.
Suggested reading material
Cases
Public Servants Association v National Prosecuting Authority [2012] 8 BLLR 765 (LAC);
(2012) 33 ILJ 1831 (LAC)
Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA)
(2022) 43 ILJ 2764 (LAC); [2023] 1 BLLR 39 (LAC)
40
