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| welcome |

Welcome to this second edition of the dwp eNewsletter!

 

We have introduced certain sections to our newsletter to help you jump to the section which interests you most. A short breakdown of the sections are as follows:

>> 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

>> 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 |

| new stamp duty regulations on leases |

Since the first of June 2007 stamp duty on short terms leases have been abolished. Lease agreements which are longer than 5 years (5 years and one day) will be subject to a flat rate of 0.5%. Indefinite leases are considered to be for a period of 5 years and are therefore also exempt. The previous R200/R500 exemptions now fall away.

 

 

| mekanik |

| restraints - you can't stop a baker from being a baker |

To be enforceable, a restraint clause must not be against public policy, meaning the clause must be reasonable and aimed at protecting some legally recognisable interest of the employer, e.g. trade secrets. 

 

The fine line between legally recognisable and non-legally recognisable interests falls on how firm-dependent the interest, for which protection is sought, is.  The more firm-dependent, the more likely a court is to find that a restraint clause is reasonable while on the other hand, information open to the public is less likely to be considered reasonable for protection.

 

>>> Read further (full article)

 

 

| ek sê |

|skuldenaars en die nuwe nasionale kredietwet - jd groep |

 

Op 1 Junie 2007 het die nuwe Nasionale Kredietwet in werking getree.  Hierdie wet vervang die Woekerwet asook die Wet op Kredietooreenkomste en reguleer alle kredietooreenkomste.  Die doel van die nuwe Nasionale Kredietwet is om verbruikers te beskerm deur die verlening van krediet te reguleer.

 

>>> Lees verder (volledige artikel)

 

 

 

| nowheresville |

| advocate, not perpetrate |

Advocates act as agents to their clients and have no authority to suppress the orders given to them by their clients.  To do so could bring about results to which the client did not agree, potentially fostering an environment of mistrust between client and advocate. 

 

>>> Read further (full article)

 

 

| br!ghtshark |

|drm, itunes and your personal info |

The maker of the very popular iPod has recently started selling certain music tracks online without DRM (digital rights management) protection. DRM protection was previously used to prevent users from copying music which was bought online. A big fanfare has now erupted as it was discovered that any music which was bought on the iTunes site would have the user’s personal information embedded in the music file. It is thought that this information might be used to track which users spread the music via sharing websites.

 

The DRM-free move followed an open letter by Steve Jobs from Apple in February 2007 that called for music companies to release tracks without digital locks, to which EMI responded positively in April.  Perhaps the fact that South Africans are not allowed to buy music online from iTunes (due to international distribution issues) is a blessing in disguise?

 

 

| rollonfriday |

|lawyers face extinction |

A leading US economist has predicted that globalisation will force even the best European and American lawyers and accountants out of a job within a generation.

 

Prof Alan Blinder is highly respected, being a Princeton University economics professor, former Vice Chairman of the Federal Reserve and a former economics advisor to President Clinton. He believes that even highly skilled jobs such as lawyers will be outsourced to countries like China and India where the work can be done for less pay and "just as easily". He reckons that globalisation and improved communications technology could lead to 40 million US jobs and eight million UK jobs being lost.

 

Blinder conceded that "lawyers involved in family disputes, and criminal lawyers - they've got to stay around". But "lawyers that write contracts, and lots of accountants, maybe that kind of education is not such a fabulous idea".

 

Blinder has been roundly criticised in the US press for his remarks, with fellow economists accusing him of supporting protectionism. He denies the charge, claims that he's a fan of free trade and that he gets bad press simply because he's come up with "scary numbers".

 

(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.

 

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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.