National Business Xposure Magazine 14th Edition Septeember 2018

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www.businessxposure.co.za

Digital Magazine

14th Edition – September 2018

ENTREPRENEURSHIP. LEADERSHIP. BUSINESS

MENTORSHIP

EXPERT ADVICE

CREATING COACHING CULTURE WITHIN AN ORGANIZATION

SAVING 11 MONEY TIPS TO SURVIVE THE RECESSION

BUSINESS FOCUS

YES INITIATIVE

COULD CREATE 500,000 JOBS FOR YOUTH

CONVERSATION WITH

CEO, MASWEJA SHERQ MANAGEMENT

CANCELLATION OF AGREEMENTS What steps do I need to take to cancel the agreement legally? Jacques Loots, Loots Attorneys

PAGE 18 & 19


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PUBLISHING CREDITS CHIEF EDITOR Benito Mamaile editor@businessxposure.co.za EXPERT CONTRIBUTORS Morgen Moyo Isaac Ndhlebe Malethola Matube Jacques Loots Elena Agaragimova Ryan Bubear

Jimmy Msibi

Founder & CEO, Masweja SHEQ Management

PICTURES Aviwe Media Photography Cover Photo Credit: Aviwe Media DESIGNERS Jabu Mataboge LEGAL Loots Attorneys ACCOUNTS Istora Rapule accounts@businessxposure.co.za DISTRIBUTION Intellectual Media and Communications (Pty) Ltd

COVER INTERVIEW

PUBLISHED BY Intellectual Media and Communications (Pty) Ltd 81 Cassandra Avenue Bedworth Park 1939

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Office Hotline

Jimmy Msibi, CEO Masweja SHEQ Management

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ADVERTISING ENQUIRIES Office : +27 (0)16 985 4095 Email : listing@businessxposure.co.za

Business Focus: Youth Employment Service (YES) to create 500 000 jobs

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Mind Mapping: 11 Money Saving Tips To Survive The Recession

26

NBX Platform Sign-Up: Connect & Apply Today

02

Profile My Business: Connect to Top-Rated Businesses 09

Cars: Mercedes-AMG Reveals ‘Entry level’ GT43 Coupé

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Coaching: Focusing After Setbacks

10

Money Matters: You Are Never Too Old To Set Another Goal Or To Dream A New Dream

12 & 13

Legal Advice: Cancellation of Agreements

18 & 19

Personal Mastery: Tee Off With Tokollo Dlamini Career & Life: Creating A Coaching Culture Within An Organisation

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NEWS | BUSINESS FOCUS

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Disclaimer:

National Business Xposure and Intellectual Media and Communications considers its sources reliable and verifies as much data as possible. National Business Xposure (EAN 0 606110 895835). However, inaccuracies can occur, consequently readers using this information do so at their own risks. National Business Xposure does not accept responsibility for omissions or errors. the points of view expressed in articles by attributing writers and/or in advertisements included in this magazine do not necessarily represent those of the publisher. Any resemblance to real persons, living or dead is purely coincidental. Whilst every effort is made to ensure the accuracy of the information contained within this magazine, no legal responsibility will be accepted by the publishers for loss arising from use of this information published. All rights reserved. No part of this publication may be reproduced or stored in a retrievable system in any form or by any means without the prior written consent of the publisher.


EDITOR’S NOTE ENTREPEWNEURS HAVE VALUABLE CONTRIBUTION TO MAKE TO THE ECONOMIC GROWTH OF THIS COUNTRY As we are approaching the last quarter of 2018, so much have happened (South African economy to be in particular). So, yes, we’re in a technical recession, with our GDP having taken a 2.2 percent dip in quarter one. And as SMMEs we’ve had to contend with various impediments around accessing funding, bigger fish being unwilling to allow the smaller ones into the pond, and an ecosystem that’s largely broken.

We have untold talent and potential among us that is still to be unearthed, and each entrepreneur owes it to themselves to identify and maximise these. Waiting for the government or large business to reach out a hand, or to create the opportunities we want, can only result in dashed hopes. With unemployment rising globally, especially among the youth, the need for entrepreneurship is growing.

BENITO MAMAILE

Entrepreneurs are increasingly faced with the challenge of having to do more with less, particularly in emerging economies like ours. But this terrain comes with a unique set of challenges, the evidence of which is visible in the alarmingly low small business survival rates, with our proven statistics over the past 7 years, only 20 to 30 percent of start-up businesses surviving the first two years). I’ve met too many entrepreneurs who failed to see their own potential, throwing in the towel prematurely. And as an entrepreneur with battle scars of my own, my empathy when it comes to the relevant struggles is not merely cerebral, it’s visceral. So let’s roll up our sleeves and head for those trenches, as I believe that entrepreneurship community is destined for success and has a valuable contribution to stabilizing our economy.

Benito Mamaile Chief Editor

Enjoy the read. Benito Mamaile Chief Editor

Email benito@businessxposure.co.za

Benito Mamaile

COACHING REFOCUSING AFTER SETBACKS “ Your setback is your setup meant for your comeback ”

PAGE 10

GOLF & PERSONAL MASTERY TEE OFF WITH TOKOLLO DLAMINI

A 12 year old rising golf champion from humble beginnings

PAGE 21 & 22


CONVERSATION WITH

Jimmy Msibi Jimmy Msibi is the founder of Masweja SHERQ Management, a qualified SHE professional and a registered member with Southern African Institute for Occupational Hygiene (SAIOH) bringing into the business 11 years of experience in Risk, Quality, Health, Safety and Environmental Management. He worked in manufacturing industries, construction and infrastructure development projects. He hase also been involved in different projects with system implementation in regards to Health and Safety implementation in manufacturing and for construction. The knowledge and experience gained theoretically and practically on these field have made a positive impact for big organizations. Benito Mamaile: Welcome Mr. Msibi. So, what ignited the spark in you to start a business and how did the idea for your business come about? Jimmy Msibi: Well, actually the DEMAND and PASSION sparked the idea of starting OHS consulting company and the statistics of workplace injuries at that time, almost half of those injuries where severe enough that the workers were forced to miss work or receive ongoing medical care. BM: Can you kindly give us a brief about Masweja SHEQ Management?

JM: The company is a 100% black owned. Masweja caters young graduates a mentorship in Safety and health as a career. Our aim is to provide a strategic road map to guide our clients towards best practices and excellent in safety management. We believe that leadership needs to understand that a passion for safety, health and environment translate to a passion for people, caring enough to settle nothing less than zero harm. Masweja has got a vast experience in consulting on SHE matters and is in business for 8 years since from 2011. We handled the construction site from planning up to an operational phase in an efficient way. All the contents of the OHS Act including the construction regulation are understood and implemented easily by our company.

Company management has experience in Occupational Health, Safety and environmental field and that include manufacturing and construction activities , implementation, auditing and monitoring. The Occupational Health and Safety has received far more attention from the organ of state, Trade unions and individuals than before and this encourage Masweja Management to establish the company so as to promote and help our customer in need of this type of service. BM: Where did your organization’s funding/capital come from and how did you go about getting it? but

JM: The company has not received any funding at the moment , has received great opportunities with regards to marketing platforms and business mentoring programs from different sources which I won’t mention (laughing)

Email j.msibi@yahoo.com

Masweja SHERQ Management & Wellness


BM: What service(s) or product(s) does your company offer? JM: Our Range of Services focuses on the following: • • • • • • • • • • • • •

Risk Assessments (HIRA) Legal Appointments Construction Safety management system Incident management (Reporting and Investigation ) Inspection and Internal Audit Help organisation to identify all risk related to their product, services, and activities Developing Safety management programs that help organisations to achieve best practices and excellency. Updating of legal amendment in line with department of labour legal updates. Construction Safety management principles Consultation with the department of labour from time to time to ensure smooth running of the projects. Development of safety standards and Safe working procedures (ISO 9001, ISO 4500 and ISO 3100) Advice on statutory requirements such as COID Act, NEMA, OHSA, Construction Regulation, etc. Implementation of Safety systems through Information Technology and research.

Qualified SHE professional and a registered member with SAIOH bringing into the business 11 years of experience in Risk, Quality, Health, Safety and Environmental Management. BM: What are your responsibilities in your business?

JM: To ensure that business exists and operates smoothly through out and to ensure business continuity and sustainability, it is important for me to understand the risks that exists given the nature of our business. Having to deal with risk as part of our service, insurance companies also need a company that has control and clear knowledge of their risk. My management style is based on these business operational pillars - Business sustainability - Moral Obligation - Corporate governance - Project Scope and Approach BM: What is unique about your business and why did you opt for this line of business?

JM: (laughing) nice question, our field of business doesn’t need a lot of capital to start e.g. we don’t need heavy machinery that requires millions to acquire. The unique part of this kind of business is that one needs to be passionate and fully aware of any legal changes including benchmarking and best practices. BM: Can you share some of previous notable clients you have worked with and on what projects did your company worked with them on?

JM: Emfuleni Local Municipality, Rand Water, PRASA, Siyanqoba Phambili, Moditi Consulting Engineers, Ekurhuleni, and many more. BM: How do you build a successful customer base?

JM: By making sure that our client expectations are met and our deliverables are clear as compared to customer specification, the other part we do more often is supplying our clients with a customer satisfaction survey questionnaire after every project completion, which also helps us to measure our performance and asses if there is any room for improvement.


BM: How has your background influenced who you are today? JM : On that note would say my African culture had a lot of influence because culture from an anthropological view, it is the social and physical environment to which your specific group adapted. Culture influences your life by demonstrating successful ways to survive within a group, but naturally cultures change over time, some continue to adapt and others retain the old ways while others attempt changes to culture. . BM: In one word, characterize your life as an entrepreneur. JM: HEADACHE (ha ha ha ha ha) BM: What is the biggest mistake you’ve made as an entrepreneur? JM: Balancing between the love for my family and passion for my business. BM: How do you believe evolving technology will impact the way we do business over the next 10 years? JM: I believe technology has already brought those effortless moments where one shouldn’t really have to do office work in the office. hence the love for my cell phone, e.g. When I do OHS inspections on sites, I always have my phone with me that has OHS REPORT COMPILING capabilities to take pictures and compile the report on the spot (Thanks to Technology). BM: What do you know today that you wish you would have known when you first got started as an entrepreneur? JM: That the minute you start becoming an entrepreneur is the very same minute one must start accepting that abundance of personal time is already forfeited. BM: Do you believe there is some sort of pattern or formula to becoming a successful entrepreneur? JM: Yes, here is the equation (HARDWORK + DETERMINATION)2 = SUCCESS BM: What are your thoughts on the current business landscape in South Africa compare to other countries in Africa, or in the world? JM: Sadly South African growth is as flat as a thin base pizza, with predictions and growth rate sitting on 0,9% compared to other countries, I foresee the struggle for up and coming small businesses still continuing for the next coming 11 years. BM: Excluding yours, what company or business do you admire the most? JM: Farming BM: To what do you most attribute your success? What would say are the five key elements for starting and running a successful business? JM: Accountability, sustainability, discipline, determination and fearlessness BM: What are some strategies that you would recommend for making the best use of one’s time? JM: Having a mentor that is reliable and has ran the same road your admiring to embark on. That will help you take calculated risks and use best practices ever.

BM: What would you say are the top three skills needed to be a successful entrepreneur? JM: Communication, business strategy or model, sales and focus (Ooops I mentioned four I hope that is ok laughing). BM: How do you define success? JM: Having a plan in place and time to tap into all the angles of your plan and successfully execute it, for me that’s success. BM: If you could talk to one person from history, who would it be and why? JM: SHAKA ZULU known as SHAKA KASENZANGAKHONA, I liked his fighting strategies. When he was not happy with his fighting weapons he changed them to ensure its effectiveness, same applies in business. If your business model or strategies are not effective. Change is needed!

BM: Mr. Msibi, thank you for having a conversation with us. We wish you growth and success in your business.


Registered member of

“ SAFETY IS THE ENGINE, AND YOU ARE THE KEY THAT STARTS IT.”

OCCUPATIONAL HEALTH & SAFETY

OUR RANGE OF SERVICES FOCUSES ON THE FOLLOWING: • Risk Assessments (HIRA) • Legal Appointments • Construction Safety management system • Incident management (Reporting and Investigation ) • Inspection and Internal Audit • Help organisation to identify all risk related to their product, services, and activities • Developing Safety management programs that help organisations to achieve best practices.

• Updating of legal amendment in line with department of labour legal updates. • Construction Safety management principles • Consultation with the department of labour from time to time to ensure smooth running of the projects. • Development of safety standards and Safe working procedures (ISO 9001, ISO 4500 and ISO 3100) • Advice on statutory requirements such as COID Act, NEMA, OHSA, Construction Regulation, etc. • Implementation of Safety systems through Information Technology and research.

www.maswejasherq.co.za MORE INFO CONTACT | 084 495 7161


Build A Lead Solutions is a newly established enterprise founded by Tshepo Motau. The company trades in an IT space focusing in all aspects from supplying of desktops, laptops, printers, accessories, technical support and software development services to public and private sector. Our Mission: Delivering a comprehensive range of services and striving for the highest standard of integrity and professionalism and continuously create employment.

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The Life Legacy Projects SA is a Business Management Non-Profit Organization focused on providing business and management consulting services to entrepreneurs. We assist companies that are looking for new market opportunities, who are preparing to enter a new markets, or want to improve their local market position. The Life Legacy Projects SA is headed by the founder, Gabriel Mokwana. Our service also range includes coaching, mentoring and SMME support.

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Tommy Business Enterprise was established in the year 2017 by Mr. Phalatsi, it has been established with the purpose to contribute his skills and expertise to the growing demand in sectors such as but not limited to; construction, manufacturing and supply engagements. Tommy Business Enterprise is a company that complies with the stipulated acts and policies that govern business in South Africa presently., Our range of products are more focused on these markets/ industries Building Construction, Paving, Tiling, Roofing, Carpentry, Welding, Upholstery & Office Automation

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Primefrontier Solutions was established in the year 2018 by Thabiso Mxolisi Ndlovu, it has been established with the purpose to contribute his skills and expertise to the growing demand in sectors such as but not limited to; construction, cleaning and supply engagements. We are a company that complies with the stipulated acts and policies that govern business in South Africa presently. We fully comply with all the BEE codes and standard business requirements. We are committed to our responsibilities in respect of safety, health and the environment, which are all integral to the way in which we do business.

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COACHING AND MENTORING

Isaac Ndhlebe

REFOCUSING AFTER SETBACKS “ Your setback is your setup meant for your comeback ” How many times have you started a business enterprise, innovation, a positive and better attitude, or tried something new and then a setback occurs and you just go back to square one? Don’t worry, you are not the only one! Setbacks and difficulties occur all of the times and to the best us They are a natural activity of life. Not to be always viewed as heralds of all gloom and doom with no hope for good tidings. Oh yes, there’s always light at the end of your dark business or personal tunnel. Never give up, no night lasts forever! There are two ways of facing difficulties. You either change the difficulty or you can change yourself to be able to deal with it. If you deal with difficulties correctly, it will enhance your confidence, and if you deal with them incorrectly and they have the potential to cause some seriously undesirable results to your self-worth. Your response to issues and difficulties can either empower you or demoralise you. When you are faced with any personal or entrepreneurial setback, your ability to deal with it can be turned around into a position of strength by asking yourself relevant and positively empowering questions.

Here are some rules and things to think about when setbacks do occur:

• Acknowledge that it has happened. Don’t hide from it. These things happen. So what? • What positive empowering questions can you ask yourself? What is good about this situation? How can I make the most of this situation? What can I learn from it? What are the facts about this problem? How can we make it a successful outcome?

There is an unwritten rule that says: Ask your mind a stupid question and you will get a stupid answer! So, if after a setback you ask yourself something like: “Why does this always happen to me, I never have any luck?” Your mind will probably come out with: “Because you are useless and good things do not happen to you!” Sound familiar? Instead, if you ask yourself a positive empowering question like: “What did I learn from this setback for next time?” Your mind will kick into solution mode and help.

• Acknowledge that setbacks occur to everyone and you are not being singled out. • View them as challenges to overcome rather than as adversarial attack with a sole purpose of destroying you. Think about the negative dis-empowering thoughts that you think on a regular basis after a setback. What new empowering questions could you ask yourself to give some better answers! Write these down now and make them part of your life and business. Let’s call it a day for now. Keep watch on the next edition. Godspeed! This coaching program is proudly presented to you courtesy of IN Solutions Holdings (Pty) Ltd



Morgen Moyo I had a rather interesting conversation with a young University student a few days ago and this gave me the motivation to write this article. Besides the greetings, he went straight to his loaded question; “Do I need to go to University to make it in life? What if I get this R10 million, buy my parents the best house etc.” I was ambushed on this one, I didn’t even get a chance to ask of his name but promised to find me and delve more on the subject. Needless to say we spoke about a number of issues, but most of all the bigger push was for me to just tell him to go to school. But now, there are people that have made it in life without finishing or go to institutions of higher learning.

T

ake people like Mark Zuckerberg the founder of Facebook and I am sure you can easily count another five or so. But society in general on one hand favors those that have some kind of schooling preferably a degree, an MBA or something of that sort. I personally find that my Marketing qualification has been a worthwhile tool for me. I however hold a view that our schooling short changes us by not covering the real issues about money, save for the fact that we must go to school, graduate find a job and hopefully go on pension some day. In South Africa, July is National Savings month. I suppose, in a way to bring awareness of the culture of saving money. But how do you save money when you know so little about it? A lady phoned on the radio a little while ago on the subject of money. She said that she normally puts coins and change in her piggybank and was thrilled when she opened it to find R3000! Others amongst us talk about Stokvels and to them it’s a make and break issue. I have no issues with savings, as a matter of fact, I subscribe to the view that you must have an emergency fund of say 6 months worth of your monthly income as part of your savings regime. SAVINGS It is critical that we all embrace a culture of saving money. Saving for the important things in our lives, our children’s education, deposit for a house or car, for a rainy day, the list is endless. Ideally you must budget a set amount to go towards your savings every month. Percentages of 10 – 15% are recommended. It goes without saying that you need to open a bank account for this purpose. The banks on the other end are in business and their business has nothing to do with helping you in saving your money except for the provision of an account to safely deposit your hard earned money.

They in turn make money out of your saved funds and pay you interest in return. But now, take for example the following message from the bank; ‘Please note that for the month of June 2017 your total fees were R56.00. You earned R3.45 interest on your savings account ending with 1234.’ Whenever you make deposits and withdrawals, fees are levied on your account and over time these can be quite huge. You may equally incur costs just for the sake of having the account as well. I am in no way calling the banks the bad guys, but these are the facts and as a saver you need to have your eyes open, shop around, compare costs and fees when it comes to service providers. A lot of people have no idea what they get charged by their bankers on a monthly or yearly basis! You need to get smarter and know the various products that are available and keep an eye on charges and fees to safeguard your money. INVESTMENTS If you are not financially literate, this area can be quite fuzzy for a lot of us. This is where one needs to seek information and knowledge through books, seminars, courses and any other reliable sources. There are many ‘investment vehicles’ that one can utilize to grow their money. Whilst there is an array of them, the following may be worth investigating; stock market, unit trusts, foreign currency trading, exchange traded funds, contracts for difference (CFDS), minerals (Kruger rands, silver coins) etc. Suffice to say that most of these carry an element of risk and one needs to know what the investment is all about. But at all costs, avoid putting your money in an investment that you don’t understand.


The biggest handicap facing a lot of people is the lack of knowledge about these investments and for others, with a little knowledge they jump into such investments, only to lose their money. At worst this lack of knowledge and at times greed, leads many to put their money into scams. Stories about people handing their money to scammers happen on a frequent basis and in most cases involve huge amounts. Recently I heard a story of how someone lost R40 000 after he had been promised a return of 100% within a month on the stock market! I cannot over emphasize the need to learn and understand about investing prior to parting with your money. You can equally approach a financial planner to help you if need be. Through this link you can find an accredited financial advisor; www.fpi.co.za Most Banks now offer online share trading platforms and you may want to check them out as you map your investment strategy. INSURANCE PRODUCTS Think of it this way, risks are everywhere, health risks, legal risks, business risks and so on. For this reason, various insurance products are available on the market. You may not see these as investments but they have a very important role to play in your financial life. Among these are products such as; whole life policies, income protection policies, hospital plans, legal assist plans etc. As part of your planning, create room to cover these risks. Again a financial advisor can be of assistance. You may not be able to cover all bases but it is crucial that you establish what it is that you can place in your basket in line with your current resource level. CREATE YOUR OWN BUSINESS A lot of us dread the idea of setting up our own businesses and yet this has been the gateway for many in creating wealth in their lifetime. Various opportunities lie in this area. You can start small and grow your business over time. Many businesses have been built and run from the ‘kitchen table’. More so with the internet, you may just need a computer and internet connectivity to set up your business. Such businesses can be operated on a part or full time basis. Again the issue of seeking information is crucial. Network, attend business seminars, read books, all the help and assistance is out there. OTHER CONSIDERATIONS Whilst I may not have covered all the bases in this article, the old adage says; ‘… the only certainties in life are death and taxes.’ Within your financial plan, make sure that you have created some provisions in regard to these two. It is worse than a mistake for you to work so hard and achieve so much in life only to have your assets taken over by the state for the lack of something like a Will. A lot of people procrastinate on such important issues until it is too late. Many times you see notices in the press about auctions of insolvent deceased estates. The reasons for such are varied but at most the need arises due to the fact that the surviving heirs are not in a position of raising the required taxes other than getting the assets sold to pay off the taxman. CONCLUSION The interaction with my young university friend brought home the point that it is imperative for one to go to school despite the shortcomings. Make financial learning part of your life journey and at most apply the lessons learned. Despite today’s challenges, it is still possible to be financially independent, take control of your financial destiny. In the words of C.S.Lewis ‘You are never too old to set another goal or to dream a new dream.’ RESOURCES The following books have had an impact in my own life; The Richest Man in Babylon, Author: George Samuel Clason Rich Dad Poor Dad, Author: Robert Kiyosaki and Sharon Lechter Think and Grow Rich, Author: Napoleon Hill


OUR EXPERIENCE Our Construction Management (CM) team is closely involved in the planning and design phase and typically joins the project at the same time as the architect.

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We provide input on constructability, budget, and schedule, which reduces costs. During the construction phase, our full-time supervision team is on-site, monitoring work to assure compliance with specifications, budget and schedule.

We continually keep abreast with new developments in all fields of the construction industry Golden Gardens

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The core business model of Gamont Housing SA is the servicing and building of low cost Housing within South Africa. Since 2004 Gamont Housing SA has completed in excess 100 000 units in the South African Housing industry. Projects range from RDP social housing to bigger Bonded Housing in disadvantaged communities. Gamont Housing SA has experience in the following areas of Housing Development. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓

Peoples Housing Projects Essential construction services RDP housing Developments Community upgrades Bonded Housing Development Building of Schools Bridges, Dams & Roads Shopping Mall Developments

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Office | +27 (0)16 421 5082 Fax

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Badirile Project


MULTI AWARDS WINNER

“ A multi-award winning and highly certified company � Since its inception Gamont Housing SA has been awarded numerous awards of excellence.

Best Developer in Gauteng in 2008 Best Priority Project Award (Provincial and National) in 2013

Govan Mbeki Awards in 2012

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Govan Mbeki Awards - Best Informal Settlement upgrading Project in 2016

www.gamonthousing.co.za


President Cyril Ramaphosa launches Youth Employment Service Initiative.

Picture: ELMOND JIYANE

The President says the government is working towards improving the quality of learning to ensure that young people complete matric Creating 500,000 jobs a year for young people is a possibility‚ President Cyril Ramaphosa said on Tuesday during the launch of the Youth Employment Service (Yes). The initiative‚ according to Ramaphosa‚ was conceived 18 months ago and while it is set to create 330‚000 jobs for young people‚ he is hopeful the number will increase. "It is possible to ramp it up to 500‚000‚" Ramaphosa said. He said the initiative was responding to unemployment, SA’s "greatest and [most] pressing" socioeconomic challenge. "We know that the depth of youth unemployment is huge and therefore we have to respond. Although the obstacles [young people face] are daunting‚ we have resources to overcome the obstacles." Ramaphosa said the government was working towards improving the quality of learning to ensure that young people complete matric. "What is concerning is that one million young people enter the schooling system and only half-a-million make it to matric." He said the government in partnership with business would create more programmes aimed at alleviating youth unemployment. "We need effective and sustainable programmes to prepare young people for first-time employment. This demonstrates that we are a country on the move. We will be coming up with further initiatives to address youth unemployment‚" Ramaphosa said. The Yes initiative aims to see more than one-million young people being offered paid work experience over the next three years‚ by placing the needs of young people at the centre of inclusive economic growth. The initiative takes the form of a partnership — led by Ramaphosa — between the government‚ business‚ labour and civil society. SOURCE: BUSINESS DAY https://www.businesslive.co.za By NOMAHLUBI JORDAAN


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By Jacques Loots

Loots Attorneys An Admitted Attorney

Whilst most of us don’t enter into agreements with the intention to cancel the agreement at a later stage, it does inevitably happen that agreements have to be cancelled or altered. In the event that the parties wish to alter the agreement such amendments need to be agreed to by both parties and either a new agreement alternatively an addendum to the agreement needs to be drafted and signed by the parties. In the event of the cancellation however a party may unilaterally cancel the agreement after certain steps was taken. The questions are however, when I can cancel an agreement and what steps need to be taken to cancel the agreement in a legal and justifiable manner. WHEN CAN I CANCEL AN AGREEMENT? A party may cancel an agreement when the other party (the guilty party) is in breach. When a party is in breach it means that the party have failed to fulfill one or more of its obligations in terms of the agreement within a specified timeframe. Agreements usually have stipulations of what the innocent party must do in the event of breach to either enforce its rights or to cancel the agreement. This will be contained in the cancellation or breach clause. If the agreement is however silent on the topic of cancellation, a party may still cancel the agreement if the breach is deemed to be material or serious in nature.

WHAT STEPS DO I NEED TO TAKE TO CANCEL THE AGREEMENT LEGALLY? The mere fact that the guilty party is in breach of its obligations in terms of the agreement does not mean that the innocent party can simply stop to complete his obligations in terms of the agreement. Failure to cancel the agreement in the correct manner can be seen as repudiation or abandonment of the agreement and may have an adverse effect in the event that you want to claim damages from the guilty party. TO CANCEL AN AGREEMENT WE NEED TO LOOK AT THE AGREEMENT ITSELF

1.1 Check the agreement to make sure if there is any cancellation or breach clauses. This will usually contain a period of notice that the innocent party must give to the guilty party to remedy the breach. If there is no specified timeframe contained in the agreement the innocent party must give reasonable notice to the guilty party. 1.2 Was there a suspensive condition to the agreement? A contract containing a suspensive condition will terminate automatically unless the suspensive condition is fulfilled on the one hand or waived on the other. If there is no cancellation clause in the contract and no specified date of performance, the innocent party must give notice to the guilty party of the breach and that time is of the essence and give him a reasonable time to perform. 1.3 Make sure that the notice is given in the correct and prescribed manner. Make sure that notice is given within the specified timeframes and that the correct delivery method is followed. Agreements will usually have domicile addresses of the parties where notices in terms of the agreement should be served.


WHAT ARE THE CONSEQUENCES IN THE EVENT OF CANCELLATION? The consequences of cancelling a contract are that the obligations on parties are terminated and restitution should take place, the parties are thus obliged to return what has been performed already in terms of the agreement. If both parties agree to the cancellation, the preferred route would be to enter into a cancellation agreement, setting out what needs to be returned, claims for damages and so forth. WHAT TO DO IN THE EVENT OF A FIXED TERM AGREEMENT? Fixed term agreements are agreements signed for a definite duration. Examples of these agreements are: Cellular phone contracts, gym contracts, lease agreements. Section 14 of the Consumer Protection Act deals with the expiry and renewal of fixed term agreements. Please remember that the definition of consumers only relates to a natural person (including a sole proprietorship) is the subject of an agreement. The Consumer Protection Act provides that fixed-term agreements with consumers must not exceed a period of 24 months, unless a longer period is expressly agreed to by the consumer and the supplier can show a definite financial benefit to the consumer. A consumer may cancel a fixed term agreement before the expiry date by giving the supplier 20 business days written notice. No reasons for the cancellation are required. A supplier may however also terminate the agreement prior to the expiry date if the consumer fails to remedy a material breach on his part, after having been placed on 20 business days terms to do so. Annexure B of the Regulations of the Consumer Protection Act gives a prescribed form wherein notice should be given to Consumers when giving notice of early cancellation by a supplier. WHAT ARE THE CONSEQUENCES OF CANCELLATION OF A FIXED TERM AGREEMENT? 1. The consumer remains liable to the supplier for amounts owed up to the date of cancellation; 2. The supplier may impose a reasonable penalty or charge for any goods supplied, services provided or discounts granted to the consumer in contemplation of the agreement running for its intended fixed term; and 3. The supplier must credit the consumer with any amounts that remains the property of the consumer as of the date of cancellation The supplier must however in calculating the cancellation charge ensure that it will not have the effect of discouragement of the consumer’s right to cancel a fixed term agreement. The regulations specifically prohibit suppliers from charging a consumer the balance outstanding in respect of the remainder of the contract. Remember that each contract and scenario differs and will be judged and interpreted accordingly, and it is advisable to rather obtain legal counsel before cancelling a contract. Remember however that ethics is knowing the difference between what you have a right to do and what is right to do (Potter Stewart).

082 441 7150

231 General Hertzog Road Three Rivers


ECO Indoor/Outdoor Kit 1 Kit Includes:

• 2.5 x 2.5 Graphic Wall • 2 x Directors Chairs • 2 x X Frame Banners • 1 foldable table and branded table cloth

Business Cards x500 • • • •

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Media / Graphic Wall Banner 2,5 x 2,5m Complete Frame Printed Banner Bag

Teardrop / Pull Banner • 2x 850 x 2000mm Pull Up Banner • 2 x 3m Telescopic Flags • 2 x 3m Branded Pop-Up Banner • Bag

Vehicle Branding

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• 2.5 x 2.5 Graphic Banner Wall • 2 x Bar stools • 2 x X/Frame Banners • 1x Curved Promo Table

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TEE OFF WITH TOKOLLO

DLAMINI

A 12 year old rising golf champion from humble beginnings

#TakeAGirlChildToTheGolfCourse is the Progressive Women In Golf Girl non-profit organisation girl child development programme that enables the girl child from humble beginnings to rise above all socioeconomic challenges and achieve personal mastery from childhood. We continue to discover the power of early childhood development and golf as a great tool for personal mastery. It is Spring...We tee off with 12 year old Tokollo Dlamini and her mother: Thoko Dlamini, at the Kempton Park Golf Club in Kemptom Park, Johannesburg, Gauteng; to share what inspired Tokollo as a child to play golf, compete in golf tournaments and pursue being the youngest black golf professional in the near future. We also look at the impact golf has on all other aspects of her life, specifically education. Malithola Matube: How old are you? Tokollo Dlamini: I’m 12 years old. MM: What grade are you at school? TK: I’m in grade 6.

MM: Where do you live? TK: I stay at Tembisa in Endulwini, a township in Kempton Park, Johannesburg, Gauteng. MM: When did you start playing golf? TK: When I was 8 years old I joined my mother at her workplace at Kempton Park Golf Club during the school holidays. That is when I first held a golf club. It was so exciting. Two weeks later my mother enrolled me for golf lessons with a qualified teaching golf professional. I fell in love with the game. MM: When did you start competing in tournaments? TK: At the age of 12.


MM: When did you start playing golf? TK: When I was 8 years old I joined my mother at her workplace at Kempton Park Golf Club during the school holidays. That is when I first held a golf club. It was so exciting. Two weeks later my mother enrolled me for golf lessons with a qualified teaching golf professional. I fell in love with the game. MM: When did you start competing in tournaments? TK: At the age of 12.

MM: What are your achievements in golf? TK: This year I started competing in tournaments and it’s been a great start: I won a silver medal at the S.A. Kids tournament held at the Germiston Golf Club followed by a Gold Medal at Nigel Golf Club. MM: What are your other achievements? TK: I am the reining Miss Endulwini since 2017. I won the Miss Endulwini beauty pageant competition twice in a row, 2016 and 2017. My performance at school is my priority. I love education. I received two top performer awards for best scholar in English and isiZulu when I was in grade 4. MM: Are you involved in any community building projects? TK: I love World Food Day. I get to work with my mother and organisations to assist other children who need food. MM: What is your dream career? TK: I will definitely be a Doctor. I want to find a cure for diabetes as it continues to affect my health. I also lost my dad to diabetes when I was still a baby. MM: What are your aspirations? TK: My goal is to become the best youngest black golf professional through practice, play and entering as many tournaments as I can. Indeed South Africa has great stories to tell. It is in the young that the future lies. Keep wAlKiNg CHAMP Tokollo Dlamini!Contact Progressive Women In Golf to enable a girl child through #TakeAGirlChildToTheGolfCourse.

info@pwingolf.co.za Progressive Women In Golf

Malethola Matube

Founder, Progressive Women In Golf

@

progressivewgt

progressivewomeningolf www.pwingolf.co.za


WE’RE LOOKING FOR RESULTS-DRIVEN SALES AGENTS IN EACH PROVINCE BRILLIANT COMMISSION, WE GIVE YOU UNCAPPED EARNING POTENTIAL. BONUSES WHEN EXCEEDING TARGETS What we provide •

Full in-house product training

Responsibilities • • • • • • • • • •

Present, promote and sell products/services using solid arguments to prospective customers Perform cost-benefit and needs analysis of existing/potential customers to meet their needs Establish, develop and maintain positive business and customer relationships Reach out to customer leads through cold calling Expedite the resolution of customer problems and complaints to maximize satisfaction Achieve agreed upon sales targets and outcomes within schedule Analyze the territory/market’s potential, track sales and status reports Supply management with reports on customer needs, problems, interests and potential for new products. Keep abreast of best practices and promotional trends Continuously improve through feedback

Requirements • • • • • • •

Proven work experience as a Sales Representative Familiar with CRM practices along with ability to build productive business professional relationships Highly motivated and target driven with a proven track record in sales Excellent selling, communication and negotiation skills Prioritizing, time management and organizational skills Ability to create and deliver presentations tailored to the audience needs Relationship management skills and openness to feedback

Successful applicants must have the following: • • • • • •

Completed Matric or equivalent Relevant qualifications in sales will be essential Minimum 2 years work experience Fully bilingual in English and Afrikaans Clear criminal record Own car will be essential as well

Send your CV to vacancy@businessxposure.co.za or fax to 086 597 9601


CREATING A COACHING CULTURE WITHIN AN ORGANISATION Workplace culture plays an important role in building the foundation of any organization.

Elena Agaragimova | Agar Consultancy Talent & Business Development Career/Performance Consultant United Arab Emirates, Dubai Email: elena@agarconsultancy.com Elena Agaragimova

For an organization to be responsive, agile and be able to cope with the ever-changing environment, employees at different levels must have the confidence, tools and the willingness for being the coaches of their teams and other members throughout the organization. Creating and developing the coaching culture in the organization will result in improved communication between leaders and subordinates, higher employee engagement, increased innovation and empowering employees. COACHING CULTURE STARTS AT THE TOP For organizations to develop and maintain coaching culture over a period of time, requires commitment, support, and investment from the senior leaders. They must take the baton in their hands and must put forward the initiative to coach others, resulting in a positive workplace culture. And if the senior leaders have been coached by their senior leaders, then the transition and effectiveness of their coaching can be even more productive.

“ One way to improve communication within the organization is by getting rid of organizational hierarchy � MANAGERS WITH COACHING SKILLS Yes, senior leaders within the organization are an integral part of developing the overall coaching culture. But manager equipped with coaching skills lays the foundation for improving and developing the positive and creative culture among low-level employees. Thus, it becomes important for senior management to invest in supporting manager in developing coaching skills and ultimately empowering them to adopt the coaching culture for their team members. For an organization to be creative, it is important that managers support their team members and allows them to make their own strategies, as opposed to telling them what they are and aren't supposed to do. AVOID ORGANIZATIONAL HIERARCHY One way to improve communication within the organization is by getting rid of organizational hierarchy. The overall efficiency and understanding in the organization can be improved if anyone can speak to anyone within the organization. This helps in creating a positive and creative environment and at the same time instills confidence among low-level employees. Doing so will let them know that each and every opinion is important and will be considered and that they can do their own job, without the need of anyone telling them what they must do. INTRODUCE COACHING CULTURE DURING EMPLOYEE INDUCTIONS By introducing the coaching culture in inductions, organizations reinforces the seriousness about the culture within the new employees, right from the outset. This can ultimately have a huge impact on certain individuals. It can help the new employees to build a more effective relationship in the organization and be able to prioritize task for positive impact. This can also help in ensuring that the new employee feels more involved in the organization and can take responsibility to do the task on their own, rather someone telling them what to do. INVITE EXTERNAL COACHES Creating a coaching culture must not be limited to internal resources. Do not overlook the opportunities of getting some fresh perspective and experiences from external coaches. It is important that every employee within the organization looks for such opportunities and invite another organization member, in order to coach them. It is important to remember that anyone can coach anyone. Does your company implement a coaching culture?


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www.tsox4change.co.za | 082 631 3778 | tsox4change@gmail.com


REVIEW YOUR HOME INSURANCE. Do not cancel your household insurance under any circumstances. However, take a close look at your policy and ask your broker if it's possible to get cheaper coverage. DOWNGRADE YOUR CAR. Trade your car in and opt to buy a cheaper model. Shop around for the cheapest vehicle insurance. MONITOR YOUR ELECTRICITY USAGE and cut back where possible. Consider investing in things like a solar geyser and a gas stove in order to reduce costs. BUDGET FOR FOOD and stick to it as much as possible. Keep an eye out for bargains even if this does mean shopping at more than one supermarket for your groceries.

Many of us are finding it difficult to make ends meet as the price of everything heads inexorably upwards. Here's how to win the war against rising prices. South Africans have been having a rough time of things. Petrol prices are at a record high and the price of food has shot up. The weak rand and the remnants of a the worst drought in our history have undoubtedly had a major impact on food prices but, regardless of the reason, it would be fair to say that a large majority of South Africans are finding it more and more difficult to make ends meet. In an economic climate of low growth and policy uncertainty, it's fair to say that prices won't be coming down anytime soon. The crisis is particularly difficult for those who own their own homes, particularly those who have recently invested in their first homes. Basically, the banks don't care if it rains or shines, they still want their money. Selling a home should always be considered a last resort unless you are planning to reinvest the money in a new property. For this reason homeowners should look at cutting every other possible expense before taking a decision to throw in the towel and resort to renting again.

Here are some ways to trim the fat and hang on to your home: Draw up a monthly budget and stick to it. Include things like entertainment, haircuts, school fees, domestic workers’ salaries, telephones, petrol, food, lights and water, insurance, and car costs (including the cost of a service where necessary).

SHOP WEEKLY OR MONTHLY. Freeze bread and milk and as many other perishables as possible. COMPARE MEAT PRICES. It's often cheaper to go to a butcher than to buy meat from a supermarket. The same applies to fresh produce. Visit your local greengrocer and compare prices. Better still, consider roping in a few friends and buying fresh produce from your local market in bulk and freezing.

ONLY BUY SEASONAL PRODUCE. The rand isn't looking that great on the international front and you will be paying a premium for imported foodstuffs. CELL PHONE CONTRACTS can be expensive. Consider downgrading your contract when it expires and going for something cheaper. Again, shop around for the most affordable option. OPEN A SAVINGS ACCOUNT and put away as much as you can‌even if it's only R100 a month. Having access to surplus funds when something goes wrong can be a lifesaver. BUDGETING FOR ENTERTAINMENT doesn't mean you have to stop enjoying life. Many restaurants offer half price food, buy one, get one free options and other deals on various days of the week. Shop around to see who offers what. Remember that regardless of your cash flow circumstances, things generally get better over time. Hang in there, and try and keep a positive perspective, things may seem far worse than they really are.


MERCEDES-AMG REVEALS ‘ ENTRY LEVEL’ GT43 4-DOOR COUPÉ By Ryan Bubear Ryan has spent most of his career in online media, writing about everything from sport to politics and other forms of crime. But his true passion – reignited by a 1971 Austin Mini Mk3 still tucked lifeless in a dark corner of his garage – is of the automotive variety.

Source: http://www.carmag.co.za

When the Mercedes-AMG GT 4-Door Coupé was revealed back in March 2018, the brand’s Affalterbach-based arm confirmed that it would be offered in GT53, GT63 and GT63 S guises. But now the automaker has released details about a new GT43 derivative, which it describes as the “entry-level model”. The GT43 uses the same 3,0-litre six-cylinder inline engine as the 320 kW/520 N.m GT53, but detuned to deliver 270 kW and 500 N.m. The result is a sprint from standstill to 100 km/h in a claimed 4,9 seconds (four-tenths slower than the GT53) and a top speed of 270 km/h. As with the GT53, this powertrain features Mercedes-Benz’s “EQ Boost” starter-alternator, which delivers additional short-term output and torque of 16 kW and 250 N.m, respectively, courtesy of the 48-volt on-board power supply.

Mercedes-Benz says the exterior design and cabin of the GT43 are “identical” to those in the GT53, which also donates its ninespeed automatic transmission and active aerodynamics. While this new Mercedes-AMG GT43 4Matic+ 4-Door Coupé has yet to be confirmed for South Africa, the new range (which has just gone into production at the brand’s Sindelfingen plant) is scheduled to launch locally in the first quarter of 2019.


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