dwp eNewsletter
Vol 1 : Ed 3 - July 2007
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| welcome |
Welcome to this third edition of the dwp eNewsletter!
Our newsletter is split into different sections to make it easier to use:
>> In Short – the newest happenings in the legal world
>> Mekanik – an in-depth technical discussion
>> Ek Sê – general Afrikaans article
>> Nowheresville – general English article
>> Br!ghtshark – a little bit of technology, a little bit of law
>> What's up - happenings at dwp
>> RollOnFriday – an entertaining look at the world of lawyering
Please give us a shout if you need any further info about any of the topics discussed in this newsletter and we’ll gladly assist.
| in short |
| children's act come into effect |
Certain sections of the new Children's Act came into effect on 1 July 2007 (yesterday). This act deals with how children are treated and protected. Children now become majors on turning 18 years old, instead of the previous 21 years of age. Children can now also obtain HIV testing and contraceptives without parental involvement from 12 years of age (previously 14 years). The act also make provision for the rights of unmarried fathers (access and custody rights).
The act is expected to be fully in force by early 2008, once all the supporting regulations have been finalised. In the interim certain parts of the old Child Care Act might still be applicable.
| mekanik |
| sale of land - trustees and ratification of authority |
The issue of whether or not the signature of a single trustee, in the absence of the written authority of the co-trustees, is sufficient to satisfy the requirements of the Alienation of Land Act, or whether the lack of authority could subsequently be ratified in writing, has been the subject of much debate. The Supreme Court of Appeal, in Thorpe and Others v Trittenwein and Another, has finally laid the issue to rest.
>>> Read further (full article)
| ek sê |
| afskryf van belastingskuld - nuwe regulasies |
Die basiese beginsel in die Suid-Afrikaanse reg is dat dit die reg en die plig van die Kommissaris is om alle belastingskulde aan te slaan en in te vorder kragtens die belastingwette. Hierdie basiese beginsel mag egter getemper word in gevalle waar dit tot die beste voordeel van die Staat sal wees.
>>> Lees verder (volledige artikel)
| nowheresville |
| horses will be horses |
Horses will be horses was exactly what the learned Lewis JA commented in his decision in the case of Walker v Redhouse. Redhouse, the Plaintiff, tried to claim damages via the actio de pauperie, an action to claim damages from the owner of a domesticated animal. The Defendant, Walker, however claimed that he contracted out of any liability by way of an indemnity form.
>>> Read further (full article)
| the impact of the civil servants' strike |
Recently Mangaka Meso, a grade 11 learner from Aliwal-North High School, spent a few days at dwp to see whether the legal profession would be a profession which she could pursue in future. Mangaka wrote an article for our newsletter to give her views on the strike and the effect it has on legal services.
>>> Read further (full article)
| br!ghtshark |
| rica come into effect, potential problems |
The Regulation of Interception and Provision of Communication-related Information Act (RICA for short) came into effect yesterday.
In terms of this act, cellphone providers are required to compile a register of all names and details of cellphone users. This is obviously mostly applicable to prepaid users and cellphone providers must link an ID no, name and address to each and every simcard during the next 12 months. This obviously places quite a burden on cellphone providers with Vodacom estimating that it would have to register up to 9000 users per hour to finalise the registrations in the coming 12 moths.
RICA also requires cellphone providers and Internet Service Providers (ISP's) to install "Lawfull Intercept" systems, at the provider's cost, to enable law enforcement agencies to intercept certain communications. For an ISP with 3 access sites this could cost as much as R2,8mill. This is a standard requirement in other jurisdictions as in EU member states and other countries. The costs, especially for smaller ISP's are so high that some ISP's are taking a "wait-and-see" approach to RICA.
Furthermore, the definition of an ISP is so broad that it might include schools, universities and employers who provide their users with internet and email access.
The ultimate question in the end is - who will finally foot the bill for all of this? South Africa cannot afford to increase the cost of information even more, especially in this day and age of the knowledge economy.
| whatsup |
| dwp third in attorneys action cricket league |
DWP “Team Delpo” went into the knockout stages of the action cricket as complete underdogs as the lowest ranked qualifier after the two round robin stages. We did have some excellent games in the round robins against the stronger sides which should have created a bit of confusion about the true strength of the side. For the knockout we changed our tactic from two compulsory shooters before the game, a tactic employed to relax younger members, to energade and sobriety – it worked and we sneaked the bronze medal away from Hofmeyers and Van Der Spuy who were ranked ahead of us – Allez Team Delpo!
| rollonfriday |
| builders more attractive than lawyers |
A survey published this week by an Australian recruitment site has shown that carpenters, tilers, plumbers, painters and builders are all seen as more attractive than lawyers.
The website, linkme, surved 950 people to produce the results. Campbell Sallabank, chief exec of linkme, said that there was "an idealised view of tradespeople. The life seems sexy - out in the sun all day, physical work, less stress and great pay". As opposed to corporate bitching for the likes of Freehills, which certainly entails great pay but with lots of stress and all the glamour of being stuck in a windowless dataroom for weeks on end. And where being "good with your hands" refers to prowess with a Blackberry.
The top ten ran as follows:
1. Carpenter
2. Tiler
3. Painter
4. Builder
5. Plumber
6. Banker
7. Doctor
8. Lawyer
9. Accountant
10. Psychiatrist
So there you have it. The guy who comes round to fix your grouting is more eligible than us. But at least we're still safe in the knowledge that we are slightly more attractive than accountants.
(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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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