dwp eNewsletter

Vol 1 : Ed 11 - April 2008

 

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| welcome |

Right bang on time for April Fools today - not that any of the articles in this newsletter is a joke (even the disguises article is true, honestly!) - don't say we didn't warn you when hear some outrageous stories on the news today! And with that we don't mean the tremendous increase in the petrol price either...

 

| what's up |

Craig Delport’s property development interests have taken a more serious turn and he has recently formed a property development group. Craig will now play a consultancy role in dwp, giving him the flexibility to grow his property ventures whilst still providing his expertise to dwp’s commercial and property departments. Craig is fortunately not moving anywhere and can still be heard calling as loudly as ever for his morning coffee...

 

 

| in short |

| never underestimate the power of a flea bite|

 

We’ve all experienced them at least once in our lifetime but not quite in the way Tina Conder did onboard a riverboat casino, the “Glory of Rome”.

 

The Glory of Rome is a floating casino which carries 5 000 passengers and is permanently docked in Indiana’s Harrison County. During 2007, the vessel experienced what can only be described as an “infestation of fleas”. Ms. Conder who worked on the vessel as a dealer has instituted action against her employer under maritime law for damages.


>>> Read further (full article)

 

 

| mekanik |

| living together = "in community of property"? |

 

The Domestic Partnerships Bill aims to regulate the status of ‘intimate’ and care partnerships in unregistered relationships by providing for the equal division of partnership property. This Bill, if enacted, will have serious consequences for those people who simply ‘co-habit’ with their partner.


>>> Read further (full article)

 

 

| ek sê |

| wat van 'n afkoel periode? |

 

Vandeesmaand ondersoek ons die interpretasie van die bepalinge van artikel 2(2A) van die Wet op Vervreemding van Grond 68 van 1981 asook artikel 29A. Meer spesifiek, wat die effek sal wees op ‘n koopooreenkoms van onroerende eiendom indien dit nie voorsiening maak vir die reg van die koper (of voornemende koper) om die aanbod te herroep of die vervreemdingsakte te beeïndig nie. 

 

>>> Lees verder (volledige artikel)

 

 

| nowheresville |

| locked up for dressing up...? |

Most of the bizarre aspects of our law that has featured in Nowheresville have come form case-law.  Even the serious stuff – our laws or statutes – can sometimes give you something to smile about.

 

Let’s take the Witchcraft Suppression Act, No. 3 of 1957, for example. Did you know that it is still illegal to pretend, for gain, to exercise supernatural power, witchcraft, sorcery, enchantment or conjuration, or to tell fortunes et cetera?

 

>>> Read further (full article)

 

 

| br!ghtshark |

| are your employees blogging? employer beware! |

Blogging as a private pastime or hobby is become more and more popular, especially with easy to use online tools such as wordpress, typepad or blogger.com. Blogs are also, in most instances, creations of anonymous writers (take my own blog as example). Famous examples include the AnonymousLawyer, who posted saucy details of the internal workings of a law firm (later on turned into a book and the AnonymousLawyer was ousted) or the famous South African “Sex Blogger” named “Skye”.

 

In fact, in virtually every sphere of professional life, one is sure to find some kind of anonymous blogger, lurking around, such as Doctor Anonymous, “the Blog of the Anonymous Clerk“, Anonymous Prof  or The Anonymous Teacher.

 

The latest hoo-ha over an anonymous blogger comes from the US, where a Cisco employee working in their patent department, started a blog called the Patent Troll Tracker. A Patent Troll is a term loosely used for companies or lawyers who register patents in the hope that somebody infringes on the said patent, which opens up the door for some nice litigation with some really nice settlements. The Patent Troll Tracker tried to keep track of and report on such litigation and ended up being highly regarded and quoted - once or twice, it was even quoted as “proof” in litigation against some Patent Trolls.

 

The Patent Troll Tracker became such a thorn in the side of certain attorneys, that some even offered a reward of $5 000 (later upped to $15 000) if the writer of the Patent Troll Tracker was exposed.

 

Recently, writer of the Patent Troll Tracker, Richard Frenkel,  revealed his identity - which has led to a number of cases being instituted against, not only the writer but also his employer, Cisco, for defamation. Cisco was cited as a defendant because of the fact that one or two of the writers managers knew that Frenkel was authoring the Patent Troll Tracker. Commendably, Cisco has supported Frenkel and have now amended their blogging policy to require from employees to state that the posts on a blog is made so in the employee’s personal capacity.

 

The lesson to be learned from this is that all employers should be aware of the potential dangers which lurk in the shadows of the various blogging sites and should address this through their normal electronic communications policies, to safeguard the company against unnecessary risk and exposure.

 

>>> Read more br!ghtshark ramblings at http://blog.brightshark.co.za

 

 

| rollonfriday |

| granny smuggles drugs to pay for bingo |

A 62 year old granny has been convicted of trafficking marijuana in what the prosecution claim was a desperate effort to fund her addiction to bingo.

 

Leticia Villareal Garcia was arrested in February 2005 after police stopped her car and found enough pot to keep a Woodstock revival happy stashed in the boot. Despite claiming that she had no idea of her cargo she was arrested and charged. Her lawyer claimed that she had leant the car to her son's godfather the day before and that she was being used as a "blind mule". However, a jury found her guilty earlier this week.

 

 The prosecution's case against her made much of the fact that she managed to spend almost all her free time in bingo halls - despite an apparent monthly income of just $275.

 

Garcia is now facing three years in prison and a fine of $150,000. Bingo.

 

(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 us a shout at info@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, conveyancing
+27-21-425.6782

 

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

info@dwp.co.za | www.dwp.co.za