dwp eNewsletter
Vol 2 : Ed 3 - August 2008
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| welcome |
The recent flooding tragedy in the Cape reminded us of how fickle the mother nature can be. If you want to move to higher ground, do give our conveyancing department a shout - they will gladly advise and assist you in acquiring that room with a view.
From the editor's desk, hope you enjoy this edition! As always, give us a call if you need any additional information on any of the topics in this month's issue. Till next month!
| in short |
| can you trust your trustee? |
Trustees
are generally understood to be individuals of sound moral character, fit
and proper…the list goes on. In a recent case heard by Judge Erasmus (in
Stander and Others v Schwulst and Others) the Cape High Court was
subjected to a few somewhat trying characters who were dead set on
keeping the majority of a trust’s funds “safe” in their own hands.
>>> Read further (full article)
| mekanik |
| "...but I improved your property...!" |
How
often does it happen that a lease agreement is cancelled and just as you
would like to have the leased premises vacated, the tenant turns around
and states that there were certain improvements made to the property and
before he leaves he would like to see some compensation for those
improvements.
>>> Read further (full article)
| ek sê |
| diskriminase: doen jou huiswerk! |
Regstellende
aksie is ‘n term waarmee die meerderheid van die algemene publiek
vertroud is, veral wanneer dit kom by die aansoek doen vir werk. Dit
gebeur daagliks dat daar in ‘n werksonderhoud aan ‘n kandidaat gesê
word dat die aanstelling ‘n “regstellende aksie aanstelling is”, en
hierdie nuus mag dan goed of sleg wees afhangende van die kandidaat se
velkleur. In die saak van Reynardt v University of South Africa (2008) 4
BLLR 318 (LC) het Meneer Reynardt gevoel daar was onregverdig teen hom
gediskrimineer op grond van sy kleur en het ‘n aksie teen Unisa
ingestel.
>>> Lees verder (volledige artikel)
| nowheresville |
| dodgy attorney tries to spin a web of lies |
There
is a host of case law providing us with stories of unscrupulous
attorneys, one of them being Oshry vs Natal Law Society. In this
case the applicant unsuccessfully applied to be re-admitted as an
attorney after being struck from the roll.
The applicant was admitted as an attorney at the age of 31, after practicing in Johannesburg, he was enrolled as an attorney in Durban and started practicing. He was 35 at the time, the court noted, ‘a man of mature years.’ After practicing briefly he left to go and live in Israel, and the Natal Law Society began to investigate his conduct.
>>> Read further (full article)
| br!ghtshark |
| hush! that might be top secret... |
Earlier this year, Parliament’s ad hoc committee on National Intelligence published a draft bill which deals with such cloak-and-dagger things as protecting state information, or 007-like things such as how certain information might be protected from destruction or disclosure.
If the Cambridge Five had played their games in the modern day South Africa, they would, in terms of the new Act, have been branded with very popular Hollywood-offences such as espionage distributing false information to the state, which could have secured them visit to Polsmoor Prison for up to 25 years…
>>> Read further (full article)
| rollonfriday |
| judge bans 'talula does the hula' |
A New Zealand judge has granted a twelve year old girl the right to change her name. Fair enough, given it was previously "Talula Does The Hula From Hawaii".
The girl's parents gave her the extraordinary name but understandably she rejected it, referring to herself only as "K". In a custody battle between her parents, the judge agreed to make the girl a ward of court so that she could legally change her name and spare herself any more embarrassment.
He reprimanded the parents for the "very poor judgement" they had shown when naming her, making clear legal precedent with his ruling that being called Talula Does The Hula From Hawaii amounts to a "social disability".
Other names that have been banned in New Zealand include Sex Fruit, Keenan Got Lucy and Yeah Detroit. Although apparently, Number 16 Bus Shelter (clearly Posh and Becks fans), Violence and Midnight Chardonnay are just fine.
Although the court confirmed that Talula had now changed her name they refused to say to what. Probably Deirdre.
(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