Busisiwe, a 25 year old Masters journalism student at Nelson Mandela University approaches you for advice.

Busisiwe, a 25 year old Masters journalism student at Nelson Mandela University approaches you for advice.  She signed a written contract with Mail & Guardian for a period of 12 months as an intern journalist.  The following clauses are contained in the contract:

“Clause 9:  Non-cancellation clause – This agreement may be terminated by the mutual consent in writing of the parties”

“Clause 18: Non-variation clause – No variation of this agreement shall be of any force or effect unless evidenced in writing”

Busisiwe and Mail & Guardian later agreed to the oral cancellation of the agreement as Busisiwe could no longer take up the position.  When Busisiwe later seeks to rely on the oral cancellation, the Mail & Guardian subsequently refused to agree to such cancellation in writing.

Advise Busisiwe at to her legal position.  Refer to case law.  (15)

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