LLBR2614 UFS 2023

LLBR2614

LABOUR LAW

NQF Level 6

16 Credits

Department: Mercantile Law

Compiled by

Prof (Assoc.) DM Smit &

Ms G du Toit

2023

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TABLE OF CONTENTS

1. WELCOME 5
2. VISION, MISSION AND VALUES OF THE UNIVERSITY OF THE FREE STATE
(UFS) 6
2.1 Vision 6
2.2 Mission 6
2.3 Values 6
3. VISION AND MISSION OF THE FACULTY OF LAW 7
3.1 Vision 7
3.2 Mission 7
4. VISION AND VALUES OF THE DEPARTMENT OF MERCANTILE LAW 7
4.1 Vision 7
4.2 Values 7
5. MODULE CONTENT 7
5.1 Description and purpose of the module 7
5.2 Learning outcomes 8
5.3 Learning units 8
6. STUDY MATERIAL 9
7. ASSESSMENT 9
7.1 Determination of module mark 9
7.2 Test policy of the Faculty of Law 10
7.3 Calculation of final mark 11
7.4 Passing the module 11
7.5 Results 11
7.6 Meaning of action words for assessment 11
7.7 Policy on the Prevention of Plagiarism and Dealing with Academic Writing
Misconduct 13

8. PROGRESSION RULES 144

9. DURATION OF STUDY 14
10. PROMOTION 14
11. STUDY GUIDELINES 14
12. CONSULTATION HOURS 15
13. PUNCTUAL ATTENDANCE OF CLASSES 15
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14. COMMUNICATING WITH YOUR LECTURER 16

LEARNING UNIT 1: ORIGIN AND HISTORY OF SOUTH AFRICAN LAW AND LEGAL
CONCEPTS 17
1.1 Introduction 17
1.2 Learning Outcomes 18
1.3 Preparation and Unit-Specific Study Material 18
1.4 Review Questions and Exercises 19
LEARNING UNIT 2: LAW OF DELICT 24
2.1 Introduction 24
2.2 Learning Outcomes 24
2.3 Preparation and Unit-Specific Study Material 25
2.4 Review Questions and Exercises 25
LEARNING UNIT 3: LAW OF CONTRACT 28
3.1 Introduction 28
3.2 Learning Outcomes 29
3.3 Preparation and Unit-Specific Study Material 29
3.4 Review Questions and Exercises 29
LEARNING UNIT 4: COMMON LAW CONTRACT OF EMPLOYMENT 34
4.1 Introduction 35
4.2 Learning Outcomes 36
4.3 Preparation and Unit-Specific Study Material 36
4.4 Review Questions and Exercises 37
LEARNING UNIT 5: UNEMPLOYMENT INSURANCE ACT 63 OF 2001 38
5.1 Introduction 38
5.2 Learning Outcomes 38
5.3 Preparation and Unit-Specific Study Material 39
5.4 Review Questions and Exercises 39
LEARNING UNIT 6: OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993
41
6.1 Introduction 41
6.2 Learning Outcomes 41
6.3 Preparation and Unit-Specific Study Material 42
6.4 Review Questions and Exercises 42

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LEARNING UNIT 7: COMPENSATION FOR OCCUPATIONAL INJURIES AND

DISEASES ACT 130 1993 43
7.1 Introduction 43
7.2 Learning Outcomes 43
7.3 Preparation and Unit-Specific Study Material 44
7.4 Review Questions and Exercises 44
LEARNING UNIT 8: SKILLS DEVELOPMENT ACT 97 OF 1998 45
8.1 Introduction 45
8.2 Learning Outcomes 45
8.3 Preparation and Unit-Specific Study Material 46
8.4 Review Questions and Exercises 46

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1. WELCOME

Welcome to LABOUR LAW!

Welcome to this course in Labour Law. Through this course, you will be introduced to
South African law, law of delict, law of contract and labour law. You will be equipped with
specific legal principles as it applies to commerce in everyday life. You will be able to use
the knowledge you have gained in this course, in your professional career and your
personal affairs.

Labour Law is a subdivision of Mercantile Law, which encompasses all the commercial
community's legal principles. As a student preparing yourself for a career in, or supporting
this community, you will probably have to deal with clients, employers or employees (or
even yourself) requiring advice in these areas.

It will then be your task to provide excellent advice to those clients. To provide the required
legal advice, it is imperative for you to have a basic knowledge of law in general and
specifically labour law principles.

Few areas of law have undergone and continue to undergo more dynamic and constant
change than the law relating to employment. In order to facilitate understanding of labour
law, certain important legal concepts have to be understood and studied as the law cannot
be studied in isolation. A broad overview of the legal framework/s pertaining to labour in
employment will comprise not only of statutory law, but will draw on the principles of the
common law as well.

This study of Labour Law will earn you 16 credits in your particular course. This means
that you will spend an average of 160 hours on this module during the course of the
semester, which include preparation and attendance for lectures, and preparation for and
taking of assessments.

The information that follows explains the regulations and policies of the University of the
Free Sate (UFS), Faculty of Law and the Department of Mercantile Law as it applies to
this module. Please read the information carefully and make sure that you understand it.
It is your responsibility to familiarise yourself with the general regulations of the
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University of the Free State, the regulations and policies of the Faculty of Law and
the Department of Mercantile Law.

2. VISION, MISSION AND VALUES OF THE UNIVERSITY OF THE FREE STATE

(UFS)
2.1 Vision
A university recognised across the world for excellence in academic achievement and
human reconciliation.

2.2 Mission
The university will pursue this vision through its mission:
• Setting the highest standards for undergraduate and postgraduate education.
• Recruiting the best and most diverse students and professors into the university.
• Advancing excellence in the scholarship of research, teaching and public service.
• Demonstrating in everyday practice the value of human togetherness and
solidarity across social and historical divides.
• Advancing social justice by creating multiple opportunities for disadvantaged
students to access the university.
• Promoting innovation, distinctiveness and leadership in both academic and human
pursuits.
• Establishing transparent opportunities for lifelong learning for academic and
support staff.

2.3 Values
The following five core values represent deeply held commitments that inform every policy
and steer every action. These values underpin both the Academic Project and the Human
Project of this university.

• Superior scholarship;
• Human embrace;
• Institutional distinctiveness;
• Emergent leadership; and
• Public service.

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3. VISION AND MISSION OF THE FACULTY OF LAW

3.1 Vision
Within the broader context of the UFS's vision to be a university of excellence, equity and
innovation, the faculty strives to:

• continually maintain and improve the recognition and acknowledgement afforded

to the quality of its activities and the achievements of its students and staff both
nationally and internationally;
• continually maintain a national and regional perspective in its activities; and
• contribute, within the faculty's context, towards the rebuilding and development of
the entire community.

3.2 Mission
Using the vision, mission and values of the UFS as the point of departure, the mission of
the faculty is to practice, promote and teach justice-based jurisprudence.

4. VISION AND VALUES OF THE DEPARTMENT OF MERCANTILE LAW

4.1 Vision
To be recognised globally as a department of academic excellence in the scholarships of
research, teaching and learning, as well as community service learning and engagement.

4.2 Values
Integrity, respect, ethics, service, credibility, accountability, diligence, collegiality and
ambition.

5. MODULE CONTENT
5.1 Description and purpose of the module
Depending on the specific degree you are enrolled for, this module is presented in either
the second or the third year of your studies.

The purpose of this module is to introduce you to the development of South African law;
basic legal concepts; the law of delict; and the law of contract. It will also equip you with
applicable labour law principles with an emphasis on the employment contract. Applicable
social legislation relevant to the employer/employee relationship will be introduced and

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includes: unemployment insurance, occupational injuries and diseases, occupational

health and safety and skills development. To achieve these aims, formal lectures,
electronic media and textbooks, excerpts from textbooks, lecture notes, slides, case
studies, self-study opportunities and assignments can be utilised.

5.2 Learning outcomes

On completion of this module students should be able to:
• Provide an overview on the origin and development of South African law.
• Understand and apply basic legal concepts.
• Understand and critically explain the principles pertaining to the law of delict.
• Understand and critically explain the principles pertaining to the law of contract.
• Understand and critically explain the principles pertaining to the contract of
employment and the employer–employee relationship.
• Critically interpret the Unemployment Insurance Act 63 of 2001.
• Critically interpret the Occupational Health and Safety Act 85 of 1993.
• Critically interpret the Compensation for Occupational Injuries and Diseases Act
130 of 1993.
• Critically interpret the Skills Development Act 97 of 1998.

5.3 Learning units

The following learning units will be covered in this module:
Learning unit 1: Origin and history of SA law and legal concepts
Learning unit 2: Law of Delict
Learning unit 3: Law of Contract
Learning unit 4: Contract of employment; employer and employee
Learning unit 5: Unemployment Insurance Act 63 of 2001
Learning unit 6: Occupational Health and Safety Act 85 of 1993
Learning unit 7: Compensation for Occupational Injuries and Diseases
Act 130 of 1993
Learning unit 8: Skills Development Act 97 of 1998

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6. STUDY MATERIAL
6.1 Learning unit 1-3: Selections from D Kleyn (ed) et al. – Beginner's guide for Law
Students, 5th edition, (JUTA) and CJ Nagel (ed) – Commercial Law, 4th edition, (Lexis
Nexis). These books need not be acquired. The relevant excerpt adaptations will be made
available on BlackBoard.

6.2 Learning units 4-8: The prescribed textbook in this module is Du Plessis &
Fouchè – A Practical Guide to Labour Law, 9th edition, 2019 (LexisNexis Butterworths).
It is required to purchase this textbook. Students enrolled for LLBR2624 in the second
semester will continue with this prescribed book.

6.3 Additional study material as presented in class and communicated on Blackboard.

7. ASSESSMENT
7.1 Determination of module mark
Your final mark will be calculated as follows:

Assessments Weight Dates – Subject to change *

Online Electronic Test One: Multiple 15% of the final mark 9 March 2023
choice questions (Ms Du Toit) LU1 30 questions Open during class 14:10-
30 marks 15:00
Alternative: Online Electronic Test 45 minutes 16 March 2023
One Multiple choice questions (Ms Open during class 14:10-
Du Toit) LU1 15:00
You will only be allowed to participate in ONE online electronic Test One opportunity.
Face-to-Face Test One: Written test 35% of the final mark 3 April 2023
– closed book (Ms Du Toit) LU2&3 Multiple questions During class
35 marks 14:00-15:00
60 minutes Venue to be confirmed
Alternative: Face-to-Face Test One 6 April 2023
Written test – closed book (Ms Du During class
Toit) LU2&3 14:00-15:00
Venue to be confirmed
You will only be allowed to participate in ONE face-to-face Test One opportunity.

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Face-to-Face Test Two: Written test 35% of the final mark 8 May 2023
– closed book (Prof Smit) LU4-6 Multiple questions During class
35 marks 14:00-15:00
60 minutes Venue to be confirmed
Alternative: Face-to-Face Test Two 15 May 2023
Written test – closed book (Prof Smit) During class
LU4-6 14:00-15:00
Venue to be confirmed
You will only be allowed to participate in ONE face-to-face Test Two opportunity.
Online Electronic Test Two: Multiple 15% of the final mark 22 May 2023
choice questions (Prof Smit) LU7&8 30 questions Open during class 14:10-
30 marks 15:00
Alternative: Online Electronic Test 45 minutes 25 May 2023
Two: Multiple choice questions (Prof Open during class 14:10-
Smit) LU7&8 15:00
You will only be allowed to participate in ONE online electronic Test Two opportunity.

*Please see the official timetable for the Faculty of Law on the times and dates for each
of these assessments. It is your responsibility to confirm the times, dates, venues
and submission dates on the official timetables as applicable.

7.2 Test policy of the Faculty of Law

Refer to Rule E5 of the Undergraduate Faculty Rules for 2022/2023. Please ensure that
you are familiar with the content of this Rule since the Faculty of Law strictly adheres to
it.

7.3 Calculation of the final mark

In modules that are assessed by way of continuous assessment, such as this module in
2023, the average mark of all the assessment opportunities will be calculated whilst taking
into consideration the different weightings of each assessment.

7.4 Passing the module

In modules which are assessed by way of continuous assessment (different assessment
opportunities throughout the semester without an examination), a student should have

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taken part in all the assessment opportunities and obtain an average of 50% subject to
the requirements stipulated in 7.3.

7.5 Results
No assessment or examination results will be made available telephonically or via e-mail.
Students can access their final marks online (see http://kovsielife.ufs.ac.za). A student
may discuss an assessment paper with his/her lecturer within five (5) working days from
the date the results were published, with a right of immediate appeal, via the Head of the
Department, to the Dean. See General Rule A28.12 for more information.

7.6 Meaning of action words for assessment

In order to help the lecturer assess a student's specific level of knowledge and to help the
student to understand the questions, the following list explains what is meant by the
specific verbs used in the questions. The number in brackets indicates the level of
cognitive ability required to answer the question.

Abstract (3) Find the core of information and formulate it in your own words. Concrete
examples are not provided.
Analyse (3) Separate (divide) into two parts or elements, describe comprehensively and
make comment. Find the core of information and formulate it in your own words. Concrete
examples are not provided.
Apply (3) Show the application of acquired knowledge or given information in practice or
in relation to what is asked. Use the knowledge to reach an answer to the question.
Calculate (3) Use the information given to reach a sensible and acceptable answer/result.
Classify (1) Arrange information in categories.
Comment (1) Give your opinion regarding subject matter and illustrate it through
examples. Interpret and evaluate.
Contrast (2) Emphasise the differences, contrasts and anomalies of facts or events by
using analysis, discussion, and examples.
Correct (1) Identify and remedy mistakes, identify false statements and correct them.
Criticise (3) Judge the credibility of given fact or viewpoints and discuss the positive and
negative elements of a statement, by giving and motivating your own opinion.
Define (1) Give a clear, systematic and authoritative explanation (description of concepts
to reflect the precise meaning thereof.

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Demonstrate (3) Explain by using a sketch, model, picture, graph or a concrete subject.
It may also imply a well thought-out and well-formulated description.
Derive (2) Form an opinion from above-mentioned or given information.
Describe (1) Write the basic facts/results down in a logical, systematic and well-structured
manner.
Design (4) Create and plan. Portray by means of illustrations or concrete artefacts. Create
a model with a specific object in mind as well as indicate the planning phase.
Determine (2) Calculate, compare and make comments.
Determine (2) Prove, make a diagnosis by using facts and commentary information.
Discuss (3) Analyse the matter carefully by discussing different aspects in logical
arguments. Compare, contrast and debate.
Distinguish (1) Show the difference; give the distinguishing characteristics.
Evaluate (4) Make a value assessment based on specific points of reference or criteria
and give your own opinion. Do not describe. Personal viewpoints may be given.
Execute (3) The same as "apply".
Explain (2) Give a clear explanation (exposition). Elucidate by means of examples and/or
illustrations and give reasons for pronouncements or results. Specific words added to
"explanation" can lead to different interpretations of the question, for example "Give a
comprehensive/ critical/evaluating/brief/summarising explanation.
Give a summary/review (1) Give a synopsis (summary, brief account) of the main facts
of a subject and make comments.
Give an explanation (1) Make a summary of the main facts of a subject in clear, logical
sequence so that differences, similarities and points of reference are clearly indicated.
Give an outline (1) Give a framework consisting of main facts and relevant information in
support of these facts. It is not necessary to write down a detailed discussion.
Handle (3) Scrutinise (study, consider) the subject from different viewpoints and provide
a critical explanation thereof.
Identify (1) Reproduce the essential characteristics (main facts).
Illustrate (2) Use a sketch, diagram, graph or concrete item to explain a concept or solve
a problem. It can also mean to give examples in well-chosen, descriptive words.
Interpret (3) Comment on available facts, with reference to applicable examples. Give a
clear indication of own interpretation.
Investigate (2) Analyse the facts (divide into sections) and write a critical discussion.
Judge (3) Give a critical evaluation of the subject.
Map (2) Provide a graphical representation (graph, flow diagram, map, etc.)
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Modify (1) Change, re-arrange and modify the given information.

Motivate (2) Prove, give reasons, activate, and comment.
Name (1) Make short notes of the required information, but do not discuss it in detail.
Paraphrase (1) The same as "define". The student's own words may be used.
Plan (4) Explain, compare, determine and make comments.
Process (2) Rewrite to reach the desired answer, summarise, elaborate and revise.
Propose (1) Give a relevant answer/recommendation, indicate, portray.
Prove (3) Prove the facts in a logical resume of acceptable and relevant reasons.
Re-arrange (1) Re-divide into new/different classes, groups, types, characteristics.
Sketch (2) Give a brief resume of main features, (of the development, progress of events)
logically divided into main facts and sub-sections.
Solve (3) Explain and prepare well thought-out answers/ recommendations.
Summarise/Give a summary (1) Give a resume of the most important facts without
detail, illustrations, critical analysis or discussion.
To show relations (3) Show by using analysis, discussion and examples how different
facts are interrelated, or correspond to one another.
Use (1) Make use of information or subjects supplied to illustrate/explain a specific
viewpoint.
Write a composition (1) Supply the information in a logical and well-structured manner.
Write notes on (1) Comment in short explanation (clarification) on a given subject.

7.7 Policy on the Prevention of Plagiarism and Dealing with Academic Writing
Misconduct
The Policy on the Prevention of Plagiarism and Dealing with Academic Writing Misconduct
is underpinned by the principle that the UFS is founded on for scholarship and scientific
research. To give effect to these principles the UFS, through this policy, contributes
towards instilling the fundamental values of academic integrity and scientific discourse,
high standards and ethics in all academic endeavours. Plagiarism and academic writing
misconduct are seen as serious concerns and are subject to strict corrective actions. The
University distinguishes between plagiarism and academic writing misconduct and applies
two distinct measures in response to confirmed incidents. Please familiarise yourself with
this policy, which is available at http://www.ufs.ac.za/about-the-ufs/governance/policy-
documents. Please note that the Faculty of Law strictly applies this policy.

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8. PROGRESSION RULES
8.1 Students' attention is drawn to General Rule A3.11 that stipulates that a student
will not be allowed to register again for a qualification if he or she has failed a specific
module twice. Only under exceptional circumstances can the Dean approve that the
student registers for one additional year.

8.2 A student who has failed or discontinued modules in a semester, must repeat the
concerned module(s) in the first next semester in which the module(s) are presented by
the faculty. Students who have failed two or more modules need to consult with the
academic advisors of their specific faculty in order to determine a reasonable credit load.

9. DURATION OF STUDY
9.1 Refer to your faculty's Rule Book for the minimum duration of study for your
specific degree.

9.2 Refer to your faculty's Rule Book for the maximum duration of study for your
specific degree. Also see General Rule A5 in this regard.

10. PROMOTION
The system of promotion is not applicable to any of the modules presented in the Faculty
of Law.

11. STUDY GUIDELINES

Learning facilitation is used as a teaching strategy, so students must take note of the
following:

11.1 Studying is done on your own although the lecturer will be available when guidance
or assistance is needed.

11.2 Prescribed sections of work are indicated in the study guide and you have
to study this at home before attending each lecture or contact session. The lecturer
expects students to study these sections on their own and to know the content for
the next lecture or contact session.

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11.3 Note that the lecturer will assume that you are already familiar with the
prescribed section of work when you come to class. Therefore, the lecturer will
structure the teaching facilitation in class according to the knowledge you should
have on that prescribed section of the work.

11.4 The lecturer will also expect students to describe and discuss any problems they
have experienced while studying on their own.

11.5 Review questions and exercises are included for your own use to test your
knowledge. These questions are not necessarily asked in assessments, but is purposed
to guide you through the work and facilitate your understanding of the prescribed material.

12. CONSULTATION HOURS

The consultation hours of your lecturers in this module appear on Blackboard.
Alternatively, you can schedule an appointment with your lecturers via email. Such an
appointment can be scheduled for any time that will suit the student and respective
lecturer.

Kindly note that you have two lecturers for this module. Please direct your content
questions to the relevant lecturer as this will prevent frustration in forwarding emails
between lecturers and students and a delay in feedback. You can find the contact details
of the respective lecturers on blackboard.

13. PUNCTUAL ATTENDANCE OF CLASSES

Punctuality is regarded as one of the key competencies of successful legal and other
professionals and practitioners. It plays a crucial role in executing your duties in your
chosen profession. Punctuality furthermore shows that one has respect for yourself and
others; it strengthens and reveals your integrity, shows that you are dependable, builds
your self-confidence, and reveals your self-discipline. In fact, punctuality may even be
considered in promotion decisions, appraisals and pay reviews once you are in practice.
You will therefore understand why the Faculty of Law places a high premium on the
punctual attendance of classes, irrespective of the mode of delivery.

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14. COMMUNICATING WITH YOUR LECTURER

When communicating with your lecturers via email, please ensure to use the correct
etiquette and structure in composing your email.
• Only communicate through your UFS4life email address as this is the official
communication line between UFS staff and students.
• Address the correct lecturer for your enquiry.
• In the subject line, clearly indicate the module code and reason for the email. E.g.:
LLBR2614 - Request for appointment.
• Always start with a greeting. E.g.: Good morning Prof Smit/ Good day Ms Du Toit
• Be concise in your request or communication you want to convey and provide a
logical account.
• End the email off by clearly identifying yourself by student number and surname.
E.g.:
Kind regards
RT Mofokeng
Student number: 2017086750

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LEARNING UNIT 1: ORIGIN AND HISTORICAL DEVELOPMENT OF

SOUTH AFRICAN LAW AND BASIC LEGAL CONCEPTS

Notional learning hours: 28 hours

1.1 Introduction

"The law" is an ever-evolving concept and requires some explanation to understand how
it affects humans in general and, more specifically, for the purposes of this module, the
people of South Africa.

The South African legal system is rooted in common law, which originated from Roman
and Dutch laws. Some of these principles are still applied today, as you will see in
discussions on legal concepts, the law of delict, the law of contract, and the contract of
employment. Both English and indigenous laws strongly influenced common law.

This learning unit will consider the development of common law, indigenous law and the
constitution as some sources of South African law. A brief discussion will also be
presented on transformative constitutionalism and decolonisation.

This learning unit will also consider some basic legal concepts to facilitate your
understanding of the law and the principles as discussed in the subsequent learning units.

A brief overview of the difference between public, private and mercantile laws will further
facilitate your understanding of the law with some emphasis on criminal law and the law
of obligation.

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1.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Briefly explain what the law and its purpose are;
2. Provide an overview of the origin and historical development of South
African law
3. Identify and discuss the different sources of South African law;
4. Provide practical examples of transformative constitutionalism and
decolonisation;
5. Differentiate between positive (objective) and subjective law;
6. Explain what a legal subject is;
7. Identify and discuss subjective rights as it applies to legal subjects;
8. Distinguish between public, private and mercantile law; and
9. Distinguish between civil and criminal law
10. Identify and compare the elements of a crime, delict and contract.
11. Distinguish between a debtor and a creditor.
12. Explain the transfer of rights and duties.

1.3 Preparation and Unit-Specific Study Material

Learning unit 1 consists of specific preparation material and content material that will help
you understand the fundamental concepts of this unit. It is your responsibility to ensure
that you familiarise yourself with unit-specific study material.

Please study the following:

Study notes as adapted from Klein, D et al. "Beginner's guide for Law Students", 5th ed,
JUTA: Claremont and Nagel, C. J. (ed) "Commercial Law" 4th ed, LexisNexis: Durban.

Learning unit 1 consists of specific preparation material and content material that will help
you understand the fundamental concepts of this unit. It is your responsibility to ensure
that you familiarise yourself with unit-specific study material.

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1.4 Review Questions and Exercises

Activity:
1. Explain what the law is and what function it serves.
2. Discuss the historical development of South African law.
3. Discuss and compare the western and African interpretations of the law.
4. Explain what decolonisation requires in an academic paradigm.
5. Provide practical examples of constitutional transformation.
6. Explain the term Ubuntu and reflect on how it applies to you as a human being in
South Africa.
7. Explain what legal consequences resulted after the adoption of the Constitution.
8. Explain why it was essential to incorporate the Bill of Rights into the Constitution.
9. Indicate for each source of South African law if the source is primary, secondary,
authoritative or persuasive.
10. Explain which sources of the law can be used to create new rules.
11. Briefly distinguish between foreign and international laws.
12. Distinguish between Private, Public and Mercantile law.
13. Distinguish between acts of Parliament, provincial legislation, and subordinate
legislation.
14. Discuss the hierarchy of courts.
15. Discuss the jurisdiction of courts.
16. Comprehensively explain the application of the doctrine of judicial precedent.
17. Briefly explain the difference between positive and subjective laws.
18. Explain why you are considered a legal subject. Can a company be a legal
subject?
19. Discuss the different subjective rights.
20. What is the purpose of a criminal case?
21. What is the purpose of a civil case?
22. Explain the difference between intent and negligence.
23. Identify the different parties in criminal and civil cases, respectively.
24. Explain how legal obligations are created.
25. Name and compare the elements of a crime, delict and contract.
26. Provide an example of a delict and identify the debtor and creditor in your scenario.

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27. Provide an example of a contract and identify the debtor and creditor in your
scenario.
28. Explain if duties, rights, or both are transferred through session, delegation, and
assignment.

Give a short description of the following:

Western interpretation:
Rule of Law:
Social contract:
African interpretation:
Ubuntu:
Umuntu ngumuntu ngabantu:
The Constitution:
Interim Constitution:
Bill of Rights:
Human Rights:
Codified/codification
Sources of law:
Legislation (statutes):
Precedent (court decisions):
President:
Common law:
Custom:
Customary law:
Indigenous law:
Works of old authors:
Works of modern authors:
Foreign law:
International law:
Primary sources:
Secondary sources:
Binding authorities:
Persuasive authorities:
Separation of powers:
Executive power
Legislature:

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Judiciary:
Spheres of government:
Bill:
Act:
Regulation:
Judicial precedent:
Doctrine of stare decises:
Hierarchy of courts:
Doctrine of judicial precedent:
Constitutional court:
Supreme court of Appeal:
High Court:
Higher courts:
Lower courts:
Ratio decidendi:
Obiter dicta:
Court of first instance:
Abrogation:
Abrogated by disuse:
Contra bonus mores:
Treaties:
Transformative
constitutionalism:
Decolonisation:
Democratic constitution:
Parliamentary sovereignty:
Proportional voting system:
Nine provinces:
Co-operative governance:
Right of access:
Limited rights:
Positive law:
Subjective law:
Objective law:
Legal subject:
Legal object:
Subjective rights:

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Natural person:
Juristic person:
Legal capacity:
Capacity to act:
Accountability:
Subjective rights:
Real rights:
Intellectual property rights:
Personality rights:
Personal rights:
Public law:
Private law:
Mercantile law:
Law of obligation:
Labour law:
National law:
Substantive law:
Procedural law:
Civil law:
Criminal law:
Burden of proof:
Onus:
Balance of probabilities:
Beyond reasonable doubt:
Crime:
Conduct:
Unlawful:
Fault:
Intention:
Negligence:
Reasonable person test:
Causation:
Legal obligation:
Civil obligation:
Natural obligation:
Legal fact:
Juristic acts:

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 LLBR2614 UFS 2023

Non-juristic acts:
Unilateral acts:
Bilateral acts:
Multilateral acts:
Delict:
Wrongful:
Illegal:
Sanction:
Public interest:
Wrongfulness:
Patrimonial loss:
Impairment of personality:
Contract:
Facere:
Non-facere:
Dare:
Debtor:
Creditor:
Interdict:
Rights:
Duties:
Cession:
Delegation:
Assignment:

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 LLBR2614 UFS 2023

LEARNING UNIT 2: LAW OF DELICT

Notional learning hours: 16 hours

2.1 Introduction

A delict is a culpable, wrongful act by a person that causes patrimonial loss to another or
impairs the latter's personality. A delict is also known as a wrongful act.

A delict consists of five elements, and all five elements must be present before a legal
obligation is created and a person is held delictually liable.

An injured party under delict has three possible actions against a wrongdoer: actio legis
aquiliae, the actio iniuriarum and the action for pain and suffering.

2.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Define a delict;
2. Identify, discuss and apply the elements of a delict;
3. Identify, discuss and apply the different remedies available to an injured
party under a delict; and
4. Explain and discuss the application of vicarious liability.

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 LLBR2614 UFS 2023

2.3 Preparation and Unit-Specific Study Material

Learning unit 2 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Study notes as adapted from Klein, D et al. "Beginner's guide for Law Students", 5th ed,
JUTA: Claremont and Nagel, C. J. (ed) "Commercial Law" 4th ed, LexisNexis: Durban.

2.4 Review Questions and Exercises

Activity:
1. Consider the following two scenarios and identify the relevant elements. Indicate if the
scenario describes a delict or a crime and motivate your answer:
• Sam is a student at the University of the Free State and has just received a new
Golf GTI from his parents. He wants to impress his friends and drives around
recklessly on campus. Sam neglects to stop at a stop sign and crashes into the
rector's car. There is much damage to the rector's car, and also, he suffered
personal injuries.
• Jack is a well-known politician. His opponent intentionally spreads rumours about
Jack being a dishonest person.
2. Briefly explain if the occurrence of a crime and a delict are mutually exclusive.
3. Explain how you will determine which delictual remedy is most appropriate for a
specific delict.
4. Explain how vicarious liability is applied within an employment relationship.

25
 LLBR2614 UFS 2023

Give a short description of the following:

Delict:
Elements:
Condcut:
Commissio:
Omissio:
Act (not legislation):
Wrongfulness:
Contra bonus mores:
Real right:
Personal right or legal claim:
Personality rights:
Intellectual property rights:
Prima facie:
Mitigating:
COIDA:
Tacitly:
Vengeful:
Accountability:
Rebuttable presumption:
Intent:
Dolus directus:
Dolus indirectus:
Dolus eventualis:
Negligence:
Contributory fault:
Absolute liability:
Strict liability:
Factual causation:
Legal causation:
Condictio sine qua non:
Novus actus interveniens:
Patrimonial loss:
Non-patrimonial loss:
Impairment of personality:
Remedies:
Actio legis aquiliae:

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 LLBR2614 UFS 2023

Actio iniuriarum:
Action for pain and suffering:
Interdict:
Prescription of a claim:
Vicarious liability:
Per se:

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 LLBR2614 UFS 2023

LEARNING UNIT 3: LAW OF CONTRACT

Notional learning hours: 36 hours

3.1 Introduction

A contract is an agreement to create a legal obligation with resulting rights and duties. For
a valid contract to exist, five elements are required. These elements are also called
requirements and are: consensus; contractual capacity; lawfulness; physical possibility;
and prescribed formalities

If either one or more parties to the contract fail to honour their contractual obligations, a
breach of contract occurs. There are different forms of breaching contracts, each resolved
by its remedies.

If a breach of contract occurs, the injured party is entitled to specific remedies. These
remedies are either directed by the application of law or could be pre-determined by the
parties and included in the contract during negotiations.

There are numerous ways in which a contractual relationship can terminate. Obligations
are terminated either by agreement, operation of law or the unilateral act of the aggrieved
party in the case of voidable contracts or after a contract breach allows for the contract's
cancellation by a party.

This learning unit will investigate the creation, breach, remedies and termination
associated with the law of contract.

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 LLBR2614 UFS 2023

3.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Distinguish between unilateral, reciprocal and nominate contracts;
2. Identify, describe and explain the difference between essentialia, naturalia
and incidentalia of a contract;
3. Explain the difference between void and voidable contracts;
4. Define a contract;
5. Identify, discuss and apply the elements of a contract;
6. Identify, discuss and apply the different forms of breaching a contract;
7. Identify, discuss and apply the different remedies associated with a
contract; and
8. Identify, discuss and apply the different forms of terminating a contract.

3.3 Preparation and Unit-Specific Study Material

Learning unit 3 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Study notes as adapted from Klein, D et al. "Beginner's guide for Law Students", 5th ed,
JUTA: Claremont and Nagel, C. J. (ed) "Commercial Law" 4th ed, LexisNexis: Durban.

3.4 Review Questions and Exercises

Activity:
Consensus:
1. Make an offer to buy a watch from your friend.
2. Accept your offer on behalf of your friend.
3. What will the legal consequences be if the offer is accepted?
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 LLBR2614 UFS 2023

4. Name and discuss the requirements for a valid offer.

5. Discuss the legal consequences of an offer.
6. Name and discuss the requirements for a valid acceptance.
7. Discuss the legal consequences of an acceptance.
8. Discuss auctions, options and preferential rights as specific forms of offers.
9. Name and discuss in full the different factors which may influence consensus.
10. Name and discuss the requirements for consensus;
11. Discuss the will and direct reliance theories to determine if consensus exists;
12. Define and discuss the relevance of an offer and acceptance in full;
13. Discuss the information theory as it applies to concluding a contract; and
14. Explain how consensus is reached.
Contractual capacity
1. Distinguish between the capacity to act and legal capacity.
2. Briefly explain the capacity to act and the legal capacity of natural and juristic
persons.
3. Jennifer is 17 years old and completed grade 12. She entered into a lease contract
for a student home once her studies commenced. Explain if she can conclude a
valid contract.
4. Explain the term legal capacity;
5. Distinguish between legal capacity and contractual capacity; and
6. Identify and discuss the different categories of persons with no, limited and full
capacity to act.
Legality
1. Maria is the head of a human trafficking organisation. She sells a young woman
for R100000. After the 'delivery' of the woman, she is not paid by the client. Advise
Maria, who now wants to take the client to court for breach of contract.
2. Explain if a contract which is contra bones mores is a legal contract.
3. Discuss the consequences of an illegal contract.
4. Define legality;
5. Explain when a contract will be considered illegalt; and
6. Discuss the consequences of illegal contracts.
Physical possibility
1. Provide an example of a performance that is determined.
2. Provide an example of a performance that is determinable.
3. Explain if you can purchase the moon. Motive your answer.
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 LLBR2614 UFS 2023

4. Define physical possibility; and

5. Explain the difference between a determined or determinable performance.
Formalities
1. Briefly explain when a contract is subject to legal formalities.
2. Explain if it is always necessary to have a contract signed and witnessed.
3. Is it possible for the parties to agree to their own formalities? Motivate your answer.
4. Discuss formalities as a requirement for the validity of a contract;
5. Distinguish between formalities required by law and formalities agreed to between
the contracting parties;
6. Discuss the parol evidence rule and identify the exceptions to it;
7. Explain ratification.
Breach of contract
1. Explain the difference between mora debitoris and mora creditoris.
2. What are the requirements for positive malperformance?
3. Briefly discuss the consequences of repudiation.
4. Name and discuss the five forms of 'breach of contract';
5. Discuss the meaning, requirements and consequences of each form of breach;
and
6. Identify the applicable remedy available for each form of breach of contract.
Remedies
1. Which remedies are available in the event of positive malperformance? Are these
the same remedies available in the event of mora debitoris?
2. If a contract is cancelled by one party, explain if the other person has any available
remedies.
3. Which remedies are available to a party who wants to claim damages or specific
performance?
4. Name and discuss the different types of remedies available to an aggrieved party;
and
5. Identify the correct remedy for an aggrieved party to ensure specific performance,
cancellation, and damages, respectively.
Termination
1. List the different ways in which a contract can be cancelled.
2. Identify and discuss the different methods by which a contractual relationship can
be terminated; and
3. Briefly discuss the consequences of termination.
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 LLBR2614 UFS 2023

Give a short description of the following:

Contracts:
Unilateral contract:
Reciprocal contract:
Nominate contract:
Essentialia:
Naturalia:
Incidentalia:
Void contract:
Voidable contract:
Consensus:
Consensus:
Will theory:
Direct reliance theory:
Offer:
Acceptance:
Information theory:
Option:
Preferential right:
Error:
Misrepresentation:
Duress:
Undue influence:
Contractual capacity
Legal capacity:
Contractual capacity:
Natural person:
Juristic person:
Restitutio in integrum:
Legality
Legality:
Contra boni mores:
Par delictum:
Physical possibility
Physical possibility:
Determined performance:
Determinable performance:

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 LLBR2614 UFS 2023

Formalities
Formalities:
Parol evidence rule:
Rectification:
Signed:
Witnessed:
Notarised:
Breach of contract
Mora debitoris:
Mora creditoris:
Positive malperformance:
Repudiation:
Remedies
Remedies:
Specific performance:
Cancellation:
Damages:
Interdict:
Exceptio non adimpleti contractus:
Lex commissoria:
Penalty clauses:
Termination
Set–off:
Merger:
Rehabilitation:
Prescription:

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 LLBR2614 UFS 2023

LEARNING UNIT 4: COMMON LAW CONTRACT OF EMPLOYMENT

Notional learning hours: 36 hours

4.1 Introduction

By now, you would have seen how the sources of law affect a commercial contract. You
should also have a good understanding of both delicts and contracts. This section
endeavours to lead to a sense of these principles as they would present themselves in
employment, thus in the sphere where a person offers his or her services in a place of
work and is entitled to or is paid, either in kind or in money. This occurs against social
justice principles, which is a political and philosophical concept, which holds that all people
should have equal access to wealth, health, well-being, justice, and opportunity. A
contract of employment is an agreement between two parties. The one party (employee)
places labour potential at disposal, and under control, of another party (employer), in
exchange for some form of remuneration. In terms of the common law contract of
employment (locatio conductio operarum), a person could hire out his/her services to
someone else. However, a contract of employment remains a contract and must,
therefore, comply with a general contract's validity requirements.

'Services' may, however, be rendered in terms of other types of contracts. These different
types of contracts are related to the contract of employment. Examples of such contracts
are the mandate, the independent contract and agency. However, it is essential to
distinguish the contract of employment from these contracts. It is only the delivery of
services in terms of the employment contract that enjoy labour protection. It must,
therefore, be determined whether an employee delivers services. To resolve this,
reference is made to the definition of a contract of employment, the essentialia of a
contract of employment, the Code of Good Practice relating to who is considered an
employee and sect 200A of the Labour Relations Act. All the factors are taken into account
and, aided by the 'dominant impression test', it is determined whether a person is an
employee or not.

34
 LLBR2614 UFS 2023

In terms of the common law, specific duties 'traditionally' accrued to an employer.

(Consequently the employee then also had specific remedies to his/her availability if the
employer did not comply with these duties.) These duties remain relevant because it
automatically forms part of any relationship of employment.

An employer could also be held liable for the delicts of an employee in terms of common
law. Delict is a wilful/negligent unlawful act causing damage/loss to someone else. If an
employee commits such a delict within a business's scope, the employer may be held
liable.

It is also possible to 'restrain an employee's trade'. Although employees enjoy a

constitutional right to free trade, it may be restricted to protect the employer. Before
mentioned would imply that an employee would not, after the termination of employment
at a current employer, be able to deliver services to the 'competition' for a particular time
and within a specific area. The restriction on both time and location must be fair.

4.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Identify the different types of lease agreements in the Roman law and
indicate out of which one the contract of employment originated;
2. Define a contract of employment;
3. Distinguish the contract of employment from other types of 'contracts of
employment';
4. Indicate the reasons why it is essential to distinguish a contract of
employment from other contracts;
5. Discuss the dominant impression test;
6. Discuss the conclusion of a contract of employment;
7. Discuss the circumstances in which a custom will become a rule;
8. Discuss the essentialia of a contract of employment;
9. Name and discuss the duties of the employer;
10. Name and discuss the duties of the employee;
11. Name and discuss the remedies of the employee;
35
 LLBR2614 UFS 2023

12. Name and discuss the remedies of the employer;

13. Name and discuss how a contract of employment may be terminated;
14. Define vicarious liability;
15. Discuss the presumption as to who an employee is;
16. Discuss, in summary, how you would determine whether a person who is
doing work for another is an employee or an independent contractor;
17. Discuss the findings in the Kylie cases as to protection granted for groups
of vulnerable employees in an illegal profession;
18. Discuss how customs and practice, as part of decolonisation, can give rise
to tacit terms in a contract of employment;
19. Describe how a modern-day contract can be concluded through technology;
20. Describe and give a practical example of the essentialia of the contract of
employment;
21. Describe and give a practical example of remuneration and state how and
when such could be concluded;
22. Explain the Ministerial threshold on employment and vulnerability; and
23. Name and discuss the four requirements that must be complied with to
establish vicarious liability.

4.3 Preparation and Unit-Specific Study Material

Learning unit 4 consists of specific preparation material and content material that will
assist you in understanding the key concepts of this unit. It is your responsibility to ensure
that you familiarise yourself with unit-specific study material.

Please study the following:

Chapter 2 (par 2.1–2.4, 2.6–2.11) in Du Plessis & Fouche "Practical Guide to Labour Law"
9th ed, LexisNexis Butterworths: Durban, 2019.
Chapter 1 in Du Plessis & Fouche "Practical Guide to Labour Law" 9th ed, LexisNexis
Butterworths: Durban, 2019.

4.4 Review questions and Exercises

36
 LLBR2614 UFS 2023

Activity:
1. Comprehensively explain how you will go about to determine whether someone is
an employee or not.
2. Discuss all forms of termination of contracts.
3. Complete question 16 and 17 at the end of chapter 2.

Give a short description of the following:

Locatio conductio rei:
Locatio conductio
operarum:
Locatio conductio
operis:
Contract of
Employment:
Dominant Impression
test:
Employer:
Employee:
Quantum meruit:
Summary dismissal:

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 LLBR2614 UFS 2023

LEARNING UNIT 5: UNEMPLOYMENT INSURANCE ACT 63 OF 2001

Notional learning hours: 14 hours

5.1 Introduction

Unlike welfare, social security benefits are paid to an individual or his or her family at least
in part based on that person's employment record and prior contributions to the system.
To alleviate the harmful economic and social effects of unemployment, employees who
become unemployed (due to unavoidable circumstances) may claim from the fund (to
which both employer and employees contribute). These circumstances have prescribed
'requirements' that must be satisfied to be successful with such a claim.

5.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Explain the purpose of the Unemployment Insurance Act;
2. Name the main goals of the Unemployment Insurance Act;
3. Define concepts such as child, contribution, contributor, domestic
worker, employee, employer and remuneration;
4. Give an indication of the people on whom the Unemployment Insurance
Act is applicable and to whom it not applicable;
5. There are five categories of benefits which may be claimed in terms of
the Unemployment Insurance Act, namely:
a. Unemployment
b. Illness
c. Maternity
d. Adoption
e. Dependants

38
 LLBR2614 UFS 2023

f. Parental leave and commissioning parental leave.

g. You must be able to identify the kind of category that will be
applicable in any given situation. Furthermore, you must be able to
decide if a claim for benefits in such a category will be a successful
claim (by discussing the requirements of that category);
6. Discuss the duties of the employer in terms of the Unemployment
Insurance Act;
7. Give a brief overview of the Unemployment Insurance Contributions Act:

5.3 Preparation and Unit-Specific Study Material

Learning unit 5 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Chapter 5 (par 5.2–5.5, 5.7) in Du Plessis & Fouche "Practical Guide to Labour Law" 9th
ed, LexisNexis Butterworths: Durban, 2019.

5.5 Review Questions and Exercises

Activity:
Susan is a contributor in terms of the Unemployment Insurance Act. She adopts a baby
of three months. As a result of the adoption, she resigns because she wants to take care
of her baby. Does Susan qualify for benefits in terms of the Unemployment Insurance Act?
Explain in detail.

Give a short description of the following:

Contributor:
Domestic worker:
Child:

39
 LLBR2614 UFS 2023

Remuneration:
Unemployment
benefits:
Illness benefits:
Maternity benefits:
Adoption benefits:
Dependants' benefits:

40
 LLBR2614 UFS 2023

LEARNING UNIT 6: OCCUPATIONAL HEALTH AND SAFETY ACT 85

OF 1993

Notional learning hours: 14 hours

6.1 Introduction

To prevent, as far as possible, an injury or disease occurring in the workplace, both the
employer and the employee must exercise a degree of reasonable care. This Act provides
meaning to 'reasonable care' by providing duties to adhere to by both parties. Health and
safety representatives (and committees) also contribute to health and safety in the
workplace. Enforcement rests on the shoulders of labour inspectors endowed with general
and special powers and powers pertaining to the investigation of an incident at the
workplace.

6.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Discuss the improvements of the current legislation in comparison with the
previous Act;
2. Who is excluded from the application of the Occupational Health and Safety
Act;
3. Discuss the duties of employers in terms of the Occupational Health and
Safety Act;
4. Discuss the duties of employees in terms of the Occupational Health and
Safety Act;
5. Discuss the functions of the Advisory Council for Occupational Health and
Safety;
6. Discuss the appointment of the Health and Safety Representatives;
7. Discuss the functions of the Health and Safety Representatives;

41
 LLBR2614 UFS 2023

8. Discuss the establishment of the Health and Safety Committees;

9. Discuss the functions of the Health and Safety Committees;
10. Discuss the general functions of the Inspectors;
11. Discuss the special powers of the Inspectors; and
12. Discuss the Inspectors' functions relating to incidents/accidents at the
workplace.

6.3 Preparation and Unit-Specific Study Material

Learning unit 6 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Chapter 7 (par 7.1–7.2, 7.4–7.8) in Du Plessis & Fouche "Practical Guide to Labour Law"
9th ed, LexisNexis Butterworths: Durban, 2019.

6.4 Review questions and Exercises

Activity:
1. Discuss the functions/powers of the inspector in terms of the Occupational Health
and Safety Act.
2. Describe the duties of employers and employees

Give a short description of the following:

Advisory Council for Occupational Health
and Safety:
Health and Safety Representatives:
Health and Safety Committees:
Inspectors:

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 LLBR2614 UFS 2023

LEARNING UNIT 7: COMPENSATION FOR OCCUPATIONAL INJURIES

AND DISEASES ACT 130 OF 1993

Notional learning hours: 10 hours

7.1 Introduction

It sometimes happens that an injury or disease is sustained in the scope of employment.

If such injury/disease leads to temporary/permanent disablement (or even death), a
compensation claim can be instituted against the Commissioner. Such a suit can,
however, only be initiated if specific requirements are complied with. The extent and
nature of the payment depend on the degree of incapacity (temporary/permanent) and the
period of incapacity.

7.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Discuss the development and background that led to the enactment of the
Compensation for Occupational Injuries and Diseases Act;
2. Discuss the characteristics of the Compensation for Occupational Injuries
and Diseases Act;
3. Discuss the application of the Compensation for Occupational Injuries and
Diseases Act;
4. Discuss the duties of an employer in terms of the Compensation for
Occupational Injuries and Diseases Act;
5. Discuss the procedure to be followed when claiming for compensation;
6. Discuss the different categories of compensation; and
7. Discuss in detail the requirements that must be met to qualify for
compensation in terms of the Compensation for Occupational Injuries and
Diseases Act.

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 LLBR2614 UFS 2023

7.3 Preparation and Unit-Specific Study Material

Learning unit 7 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Chapter 6 (par 6.1–6.6) in Du Plessis & Fouche "Practical Guide to Labour Law" 9th ed,
LexisNexis Butterworths: Durban, 2019.

7.4 Review questions and Exercises

Activity:
1. Liam works as a mechanic at Sizwe's Car Services. Liam's employer instructs him
to service a car at a client's house. While Liam is servicing the vehicle, the car falls
from the lift and Liam is badly injured. Is it possible for Liam to claim for an
occupational injury in terms of the Act?
2. Discuss whether COIDA covers mental ill-health.

Give a short description of the following:

Ocupational injury:
Occupational disease:
Disablement:

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 LLBR2614 UFS 2023

LEARNING UNIT 8: SKILLS DEVELOPMENT ACT 97 OF 1998

Notional learning hours: 10 hours

8.1 Introduction

A skilled workforce is an essential requirement for the growth of our economy. Training is
becoming increasingly important. The Act promotes a skills development strategy that is
flexible, accessible, demand-led, decentralised and based on a partnership between the
public and private sectors. The Act aims to develop the SA workforce's skills, increase
investment in education and training in the labour market, and encourage employers and
employees to improve skills.

8.2 Learning Outcomes

Upon completion of this learning unit, a student should be able to:

1. Discuss the objectives of the Act.
2. Discuss the purposes of the Act.
3. Discuss the different structures and functions thereof, as provided for in
the Act, e.g.:
a. The National Skills Authority
b. Sector Education and Training Authorities
c. Department of Labour
d. Provincial offices
e. Labour Centres
f. Artisan Development
g. Skills Development Institutes
h. Quality Council for Trades and Occupations
i. Productivity South Africa

45
 LLBR2614 UFS 2023

4. Explain the different ways in which education and training take place:
a. Learnerships
b. Skills Programmes
5. Give a brief indication of the financial principles regarding the
implementation of programmes in terms of the Act as provided in the
Skills Development Levies Act.
6. Discuss the grants in terms of the Skills Development Levies Act.

8.3 Preparation and Unit-Specific Study Material

Learning unit 8 consists of specific preparation material and content material that will help
you understand the key concepts of this unit. It is your responsibility to ensure that you
familiarise yourself with unit-specific study material.

Please study the following:

Chapter 8 (par 8.1, 8.4–8.6) in Du Plessis & Fouche "Practical Guide to Labour Law" 9th
ed, LexisNexis Butterworths: Durban, 2019.

8.4 Review questions and Exercises

Activity:
Define and describe the nature of a learnership agreement. Include in your answer the
duties of each of the parties to such an arrangement.

Give a short description of the following:

National Skills
Authority:
Sector Education and
Training Authority:
Department of Labour:
Provincial offices:

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 LLBR2614 UFS 2023

Labour Centres:
Learnerships:
Skills Programmes:
Artisan development:
Skills Development
Institutes:
Quality Council for
Trades and
Occupations:
Productivity South
Africa:

47