This Driver-Partner Agreement ("Agreement") is between Nkokheli Couriers (Pty) Ltd ("Nkokheli", "we") and the individual who accepts it during onboarding ("you", the "Driver-Partner").
This Agreement sets out the terms on which you may access the Nkokheli platform to accept and complete delivery jobs, and, where applicable, the terms on which you may rent a bike or vehicle from Nkokheli's fleet.
This Agreement takes effect once you accept it electronically during sign-up and continues until terminated by either party under clause 14. Before your first job you must complete onboarding, which includes identity verification, licence and (where applicable) PrDP verification, and — for rental Driver-Partners — signing a vehicle handover checklist.
Under this Agreement you may log into the Nkokheli platform, view available delivery jobs in your area, and choose whether to accept them. Once accepted, you are responsible for collecting the item from the pickup point and delivering it to the drop-off point within the estimated window, handling it with reasonable care throughout.
You and Nkokheli agree that you provide delivery services as an independent contractor, and not as an employee, worker, partner, or agent of Nkokheli. Nothing in this Agreement or in the operation of the platform is intended to create an employment relationship. In particular:
You confirm that you understand this classification and that it affects your legal rights, including in relation to the CCMA and South African labour legislation.
You are responsible for holding and maintaining all licences, permits, and documentation the law requires for the delivery activity you carry out, including:
Nkokheli may request proof of the above at onboarding and periodically thereafter, and may suspend your access to the platform if valid documentation is not maintained.
You must supply your own smartphone capable of running the Nkokheli driver app, and either your own roadworthy bike, car, or van, or a vehicle rented from Nkokheli under clause 7. You are responsible for keeping your own vehicle in safe, roadworthy, and legally compliant condition at all times.
This clause applies only if you rent a bike or vehicle from Nkokheli's fleet.
Bike rental is currently R600 per week, payable in advance, deducted from your delivery earnings where you have consented to this, or paid directly. The rental fee covers use of the bike for delivery work on the Nkokheli platform; it does not cover fuel/charging, traffic fines, or damage beyond fair wear and tear.
Where you rent an e-hailing-ready vehicle to drive for a third-party platform such as Uber or Bolt, the applicable weekly rate, deposit, and any mileage limits will be set out in a separate rental schedule signed at handover. Your relationship with the third-party e-hailing platform is separate from, and not controlled by, this Agreement — Nkokheli is your lessor for the vehicle only, not the operator of the e-hailing platform itself.
| Item | Your responsibility |
|---|---|
| Routine maintenance (tyres, brakes, servicing) | Nkokheli, unless damage is due to your negligence or misuse |
| Fuel / charging | You |
| Traffic fines and e-tolls incurred while in your possession | You |
| Damage beyond fair wear and tear | You, up to the deposit held (if any), or repair cost |
| Loss or theft while in your possession | You, subject to any insurance held on the vehicle |
You must return the rented bike or vehicle in the condition recorded at handover, fair wear and tear excepted. Nkokheli may suspend your platform access if rental payments fall more than 7 days into arrears, and may recover an overdue vehicle at your cost after written notice.
You are paid a fee per completed delivery, shown in the app before you accept a job, less any rental fees or other amounts you've agreed Nkokheli may deduct. Payouts are made on the schedule shown in the app (typically weekly). You are responsible for issuing your own tax invoices/records where required by SARS, as Nkokheli does not act as your employer for tax purposes.
Serious or repeated breaches of this clause may result in suspension or termination under clause 14.
You are responsible for maintaining appropriate insurance for your own vehicle, including third-party liability cover where you use your own vehicle. Where you use a vehicle rented from Nkokheli, the insurance position for that vehicle will be set out in the rental schedule referred to in clause 7 — read it carefully, as you may be liable for excess amounts or uninsured losses.
Nkokheli is not liable for injury, loss, or damage you suffer while performing delivery services, except to the extent caused by Nkokheli's own negligence, and subject to any statutory rights that cannot be excluded.
The Nkokheli app collects location data while you are logged in and on an active job, for dispatch, safety, and proof-of-delivery purposes. This data is processed in accordance with POPIA and is not sold to third parties. You can find more detail in our privacy notice, available on request.
This Agreement is non-exclusive: you are free to work for other delivery or e-hailing platforms. You agree not to solicit Nkokheli Customers you meet through the platform to arrange future deliveries directly with you outside the platform, in order to avoid Nkokheli's fees.
You agree to indemnify Nkokheli against claims, losses, or costs arising from your breach of this Agreement, your negligent or unlawful conduct, or your failure to hold required licences or insurance.
Either party may terminate this Agreement at any time, for any reason, on written notice (email is sufficient). Nkokheli may suspend or terminate your platform access immediately, without notice, where you: breach clause 9 (Conduct); lose a licence or permit required by law; fall materially into arrears on a rental; or engage in fraud, theft, or conduct that puts Customers or the public at risk.
On termination, you must return any Nkokheli-owned equipment, bike, or vehicle within 48 hours, in the condition required by clause 7.3.
If a dispute arises under this Agreement, both parties agree to first attempt to resolve it directly, and failing that, through mediation, before resorting to litigation or, where applicable, the CCMA or a bargaining council. Nothing in this clause removes any statutory right you have to approach the CCMA to challenge your classification as an independent contractor.
This Agreement is governed by the laws of the Republic of South Africa. If any clause is found unenforceable, the rest of the Agreement remains in force. Nkokheli may update this Agreement from time to time; continuing to use the platform after being notified of changes constitutes acceptance of the updated Agreement.
By ticking "I agree" during onboarding, or by accepting your first job on the Nkokheli platform, you confirm that you have read, understood, and agree to be bound by this Driver-Partner Agreement, including the independent contractor classification in clause 4 and, where applicable, the rental terms in clause 7.
This document is a working draft prepared for Nkokheli Couriers and has not yet been reviewed by a South African attorney. Independent contractor classification is fact-specific and can be challenged at the CCMA regardless of what a contract says — the actual working relationship (control, exclusivity, integration into the business) matters more than this document's wording. Please have this reviewed by a labour or commercial attorney, particularly clauses 4, 7, and 10, before relying on it with real driver-partners.