dwp eNewsletter
Vol 1 : Ed 4 - August 2007
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| welcome |
Welcome again to the next edition of the dwp eNewsletter!
We hope that we don't bore you too much with all the legalspeak. If we somehow don't get the message across and confuse you too much, you are most welcome to give us a shout to shed some light on your legal concerns.
| in short |
| show "off", cape town regulates on show signs |
Since July 2007 the City of Cape Town has announced stricter control measures for estate agents’ signage in the form of an “approval sticker system” accompanied by heavier fines. This is in an attempt to curtail the burgeoning number of estate agents’ on show and for sale signs in and around the city. Every estate agent is allocated 6 “approval stickers” to be placed on signage boards.
The city has appointed contractors whom are permitted to remove signage when found to be in contravention of the city’s rules. Estate agents might be liable for the costs of removal as well as a fine for infringing signs.
| mekanik |
| general anti-avoidance provisions of the income tax act |
The Income Tax Act has been amended to incorporate new general anti-avoidance provisions contained in Sections 80A to 80L. These provisions govern schemes entered into on or after 2 November 2006 and aim to widen the scope of anti-avoidance law.
The incorporation of these new provisions has resulted in key differences between the old and new provisions. A general overview of these key differences is highlighted in the full article.
>>> Read further (full article)
| ek sê |
| debat gevra oor die kinderwysingswetsontwerp |
Die Minister van Sosiale Ontwikkeling, Dr Skweyiya, het onlangs ‘n beroep gedoen op kinders en belanghebbendes on deel te neem aan die wetgewende proses deur kommentaar te lewer op die nuwe Kinderwysigingswetsontwerp. Hierdie wetsontwerp is huidiglik voor die Nastionale Vergadering se Portefeulje Komitee vir Sosiale Ontwikkeling.
>>> Lees verder (volledige artikel)
| nowheresville |
| only, if only |
The English language can be a fickle language. One that allows users to easily create double entendres, puns (good and bad ones), and, too frequently, ambiguity. A reality all too familiar to the parties in Ethekwini Municipality v Verlum Medicentre (Pty) Ltd [2006].
>>> Read further (full article)
| br!ghtshark |
| hiding behind your blog |
The South African legal system is currently being confronted by a very modern and as yet, novel, incidence of possible defamation.
An unknown person claimed to be a male prostitute and has recently published a list of names of supposed clients, including various well-known or famous individuals such as politicians, SABC presenters and music personalities, on his blog (online diary). One of the persons who was named has laid a charge of defamation at the Caledon Square police station in Cape Town.
The biggest problem with the such complaints are that the blogs are normally posted anonymously as well as on web services hosted on servers overseas. One would be wondering how the South African Police Services would be able to investigate and bring such a crime before the courts whilst it struggles to even properly investigate simple crimes such as break-ins. The SAPS has indicated that it could be involving Interpol in the investigation.
In the end it would boil down to the individual who was defamed to bring a civil action against the blogger - if he/she is able to ascertain the identity of the blogger. In South African law an action for defamation does not carry very much financial reward, especially if the high costs of the legal action are taken into account.
If the blogger is situated in a foreign jurisdiction the costs would skyrocket, especially in rand terms. The most effective solution would probably be to engage with the service on which the blog is hosted (especially if it is an international service) to restrict access to the content by way of a formal request. These requests are also sometimes known as a takedown notice from the "American Online Copyright Infringement Liability Limitation Act".
All in all, defamation by way of modern communication channels will prove very difficult to police and even more difficult to effectively curb until a global enforcement policy is in place.
| whatsup |
| good bye to some star players |
Charnor Williams, the assistant of Craig Delport, will be relocating to Port Elizabeth this month. We all here at DWP will miss her effort and input tremendously and wish her the best of luck for the future!
Tim Corprew spent a few months at DWP as intern and will be leaving to go back to the States this Friday. Tim has been an avid contributor to this newsletter and his enticing writing style and contribution will be missed in the coming months.
| recruitment2008 |
If you have any budding lawyers in the family, send them over to www.dwp.co.za/recruitment2008 to see if they are interested in applying for a position as candidate attorney at dwp in 2008. Applications close 31 August 2007.
| rollonfriday |
| shock! lawyers prefer work over holiday |
A survey has found that a shocking 82% of UK lawyers just can't get away from it all, and choose to check their emails while on holiday. 49% say they read them daily, and a woeful 10% admit to checking them every hour.
The survey, by reception services provider Moneypenny, also found that 76% of lawyers took business calls on holiday, 39% had interrupted their break to attend meetings and 10% had cancelled or cut their holidays short because of work. Nearly half said that they found it easier to unwind if they kept their mobile phones switched on.
A spokeswoman for Moneypenny, provider of office reception services, suggested that the solution to this was increased investment in support for lawyers, such as office reception services. That way lawyers would then be "safe in the knowledge that should any of their clients call in their absence it will be business as usual". Hmmmm...
(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)
| admin stuff |
|as boring as the small print |
If you have any questions, comments, want to know some more on any of these topics or want to suggest a topic for discussion, please drop the editor of the newsletter a shout at heinrich@dwp.co.za.
This would also be convenient opportunity to tell us if you do not want to receive a copy of this newsletter in future (just to comply with the provisions of the Electronic Communications and Transactions Act, you know how we lawyers are...). To unsubscribe, send an email to unsubscribe@dwp.co.za
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We reserve our rights to the contents of this newsletter. If you want to use some of the contents then give us a call to arrange it beforehand.
Disclaimer: None of the information in this newsletter should be taken as professional advice. Unfortunately human error does sometimes creep in and the printers devil also does not always keep away from the door. We can therefore not accept any responsibility for any of the content of this newsletter without you coming to see us first so that we can take proper instructions from you about your circumstances and apply the necessary legal points to your problem.
| contact us |
delport ward & pienaar
attorneys,
notaries & conveyancers
1st floor - cornerstone house
16 loop street
cape town
8001
telephone, cape town
+27-21-419.3733
telefax, general
+27-21-419.3743
telefax, collections
dept
+27-21-421.6625
telephone, london
+44-20-8133.0337
telephone, washington
dc
+1-202-657.6733
telephone, hong kong
+852-8139.7374
| info@dwp.co.za |
1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743