During the on-going inquiry into his fitness to hold office, suspended National Police Commissioner Bheki Cele has confirmed that in the performance of his duties he frequently signed documents without reading them. However, according to Callum O’Connor, Associate in the Dispute Resolution practice at Cliffe Dekker Hofmeyr, the South African Police Services (SAPS) will not be able to avoid liability under the contracts by relying on the Commissioner's failure to read the contracts before signing them.

“There is a well-established legal principle that by signing a contract, a person signifies an intention to be bound by the contents of the contract. If it subsequently appears that a term in the contract is too onerous or that a bad bargain has been made that person cannot escape the operation of the contract by claiming not to have read the contract,” O’Connor notes.

O’Connor notes further that the position is not absolute as there are still defences available to such a person.

“These include:

• a misrepresentation as to the terms of the contract; or
• the contract was illegal; or
• the signatory was forced against their will to sign;
• there was undue influence;
• a justifiable mistake by a signatory; or
• the contract was set up as a fraudulent trap.”

He says that contracting parties should also be mindful of the provisions of the Consumer Protection Act. Although the Act has introduced new obligations on contracting parties, including the duty to use plain and simple language in contract and to point out and explain the onerous terms of contracts and clauses exempting liability, it has limited application as it applies to individual consumers and business with a low turnover.

“In the context of the suspended National Police Commissioner the Consumer Protection Act does not apply either as it does not apply to the State,” he adds.

For more information:
Callum O’Connor, Associate, Dispute Resolution Practice, Cliffe Dekker Hofmeyr,
Tel: +27 (0)11 562 1044, 083 562 9585 or email: callum.oconnor@dlacdh.com

Andrea Collocott, Head: Marketing, Cliffe Dekker Hofmeyr,
Tel: +27 (0)11 562 1281 or email: andrea.collocott@dlacdh.com

Angela Graham, Tel: 073 505 9012 yeahwrite@worldonline.co.za

Notes:
Cliffe Dekker Hofmeyr is one of the largest commercial law firms in South Africa with some 115 directors/partners and 250 qualified lawyers located at offices in Johannesburg and Cape Town.

Cliffe Dekker Hofmeyr lawyers specialise in services covering the complete spectrum of business legal needs in 11 core areas of practice. The firm also has dedicated sector-led teams consisting of lawyers with experience in a wide range of industries and the public sector.

Cliffe Dekker Hofmeyr is the South African member firm of DLA Piper Group, an alliance of legal practices, which includes firms with offices around the globe that are affiliated to members of the DLA Piper Practice but are not themselves members of it.

Cliffe Dekker Hofmeyr's Africa practice, in conjunction with DLA Piper Africa Group, is unrivalled in terms of pan-African legal services and geographical coverage.

DLA Piper is an international legal practice with over 3,500 lawyers located in 30 countries and 69 offices throughout Asia, Europe, the Middle East and the US.

For further information, please visit www.cliffedekkerhofmeyr.com