Country Cloud Trading CC v MEC, Department of Infrastructure Development * (*) SA * (CC)
Facts: Telematrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA * (*) SA * (SCA)
Facts: can I pursue legal action against her in her personal capacity and not the department of educaton
You can pursue legal action against the principal in her personal capacity, but it may be complex. Here are a few points to consider:
- Personal Liability: You need to prove the principal acted outside her official duties.
- Evidence: Gather evidence showing her actions were personal and not on behalf of the department.
- Legal Advice: Consult a lawyer to evaluate the strength of your case.
Would you like assistance in finding a suitable lawyer in Gauteng?
I have comprehensive evidence and witness accounts of even her taking my employees to her personal residence to do work for her there. how does this help my case
Having comprehensive evidence and witness accounts of the principal taking your employees to her personal residence can significantly strengthen your case for personal liability. Here’s how it helps:
- Proving Personal Actions: It demonstrates that her actions were outside her official duties.
- Supporting Evidence: It provides concrete proof of misuse of authority for personal benefit.
- Strengthening Claims: It can support claims for damages due to interference with business.
Would you like information on how to formally present this evidence in court?
yes give me more information on how to formally present in court and how the court will most likely view this conduct.
To formally present in court and ensure the conduct is viewed favorably, follow these steps:
*. Organize Evidence:
- Collect and organize all evidence, including witness statements, emails, and photos.
- Ensure evidence clearly shows the principal’s actions were personal, not professional.
*. Draft Legal Documents:
- Draft a detailed statement of claim outlining the principal's actions and how they caused harm.
- Include specific instances and dates.
*. Witness Testimony:
- Prepare your witnesses to testify about their observations and experiences.
- Ensure their statements are clear and concise.
*. Legal Representation:
- Consider hiring a lawyer experienced in civil litigation to present your case effectively.
*. Court Conduct:
- Be respectful and professional.
- Stick to facts and avoid emotional arguments.
Would you like further assistance in finding a legal representative in Gauteng?
****, here’s how you can formally present your evidence in court and how it may be viewed:
Presenting Evidence:
*.
Document Compilation: - Compile all relevant documents, including emails, messages, and witness statements.
- Ensure the evidence is well-organized and clearly labeled.
*.
Witness Testimonies: - Prepare witness statements detailing the principal’s actions.
- Ensure witnesses are available to testify if necessary.
*.
Financial Records: - Present financial records showing the loss incurred due to the principal’s actions.
- Include detailed calculations and supporting documents.
Court’s Likely View:
- Misuse of Authority: The court is likely to view the principal’s actions as a misuse of her authority, especially if evidence shows she used her position for personal gain.
- Personal Liability: If proven, the court may hold her personally liable for the damages caused to your business.
- Supporting Claims: Strong evidence and witness testimonies will support your claim for damages due to interference.
Would you like assistance in finding a lawyer to help you with this process?
now talk to me about how we can prove that she overstepped her duties because there was a project manager assigned to this project and she is also frustrated with her. the principal has for example forced us to paint outside the classrooms on a face brick wall which is not typical to paint on. she moved doors from classrooms where they were supposed to be installed to be installed in her office which was not in accordance to the scope of work .
****, to prove that the principal overstepped her duties, you can focus on the following points:
- Project Manager Testimony: Get a statement from the project manager detailing the principal's interference and deviations from the project scope.
- Scope of Work Documentation: Present the original scope of work and compare it with the principal's instructions (e.g., painting the brick wall, moving doors).
- Witness Statements: Gather statements from your employees and others affected by her actions.
Would you like more information on how to compile this evidence effectively?
she once instructed my workers after they had finished their shift to further go and paint inside the office. she has no business to give my employees any instructions. how does this demonstrate her bad faith nature how can we use such points in court
****, here’s how you can use this point to demonstrate bad faith and support your case in court:
- Unauthorized Instructions: Highlight that the principal had no authority to instruct your workers, which is a clear overstep of her duties.
- Documented Instances: Record the specifics of this incident, including time, date, and witness statements.
- Impact on Operations: Show how these instructions disrupted your operations and led to financial losses.
Would you like assistance in preparing these documents?
yes we will prepare all the necessary documents at the end. with all of the facts that I've given to you thus far, prepare a case study for me with all the information I have provided for you on how we would approach or present to court. even if you draft me a pleading
****, here is a concise case study for your situation and a draft pleading outline:
Case Study
Background
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Client: **** ****, CEO of Afri Skyy Projects
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Location: Gauteng, South Africa
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Project: Renovation contract with the Gauteng Department of Education at a school in Nigel
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Issue: Principal's interference in project operations resulting in financial loss
Legal Grounds
*.
Breach of Contract: - Contract terms with the Gauteng Department of Education.
- Principal's actions deviating from the agreed scope of work.
*.
Interference with Business: - Unauthorized instructions to employees.
- Personal use of employees for tasks outside the project scope.
*.
Damages: - Financial loss due to project delays and unauthorized work.
Evidence
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Project Manager's Testimony: Statements detailing principal’s interference.
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Scope of Work Documentation: Original contract scope versus principal’s instructions.
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Witness Statements: Employees' accounts of unauthorized tasks.
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Financial Records: Documenting losses incurred due to interference.
Draft Pleading Outline
In the High Court of South Africa (Gaut
Draft Pleading Outline
In the High Court of South Africa (Gauteng Division)
Case No.: [Insert Case Number]Parties:-
Plaintiff: Afri Skyy Projects (Pty) Ltd
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Defendant: [Principal’s Name]
Nature of the Matter:- Claim for damages due to breach of contract and interference with business operations.
Plaintiff's Statement of Claim:*.
Introduction: - The Plaintiff is Afri Skyy Projects (Pty) Ltd, a construction company.
- The Defendant is [Principal’s Name], principal of [School Name] in Nigel, Gauteng.
*.
Background: - The Plaintiff entered into a renovation contract with the Gauteng Department of Education.
- The Defendant has no contractual authority over the Plaintiff's employees or operations.
*.
Breach of Contract: - The Defendant instructed the Plaintiff’s employees to perform tasks outside the agreed scope of work.
- Specific instances include:
- Painting a face brick wall.
- Moving doors to the principal’s office.
- These actions resulted in deviations from the contractual obligations.
*.
Interference with Business: -
*. Interference with Business:
- The Defendant gave unauthorized instructions to the Plaintiff’s employees.
- Specific instances include:
- Instructing workers post-shift to paint inside her office.
- Taking employees to her residence for personal tasks.
- These actions disrupted business operations and caused financial loss.
*. Claim for Damages:
- The Plaintiff incurred financial losses due to the Defendant’s interference.
- Detailed financial records and calculations will be presented to substantiate the claim.
Relief Sought:
- The Plaintiff seeks compensation for financial losses incurred.
- The Plaintiff requests the court to hold the Defendant personally liable for the disruptions and unauthorized actions.
Would you like assistance in drafting the complete pleading or finding a legal representative in Gauteng?
I have a back end contractual obligation in this instance. I have funders that funded me for the execution and implementation of this project. she has gone further to a point to even lie to them and try to damage my reputation with them. how can this be utilised legally. the funders have no relationship with the principal at all but I was put in a position by her where she was even engaging with people I have back end contracts with which further cost me money