dwp eNewsletter

Vol 2 : Ed 4 - September 2008

 

If you struggle to read this article or do not see the images, click here.

 

 

| welcome |

Spring is in the air! Or, as the American actor, Robin Williams said, "Spring is nature's way of saying Let's party!". Now that the winter is (nearly - we do live in Cape Town however) behind us, we all look forward to the inviting smell of braai fires to fill our lungs again.

 

From the editor's desk, hope you enjoy this spring edition and, as always, feel free to 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 |

| society's morals: age question for male statutory rape|

 

When the Pretoria High Court convicted dentist Isak Geldenhuys on ten counts of statutory rape of a male minor, and sentenced him to seven years imprisonment, few people could have anticipated the legal ramifications that were to follow – and the morality debates that cut to the essence of our society.

 

Geldenhuys was tried under the Sexual Offences Act of 1957 for committing sexual acts with a male under the age of 19, and was convicted in 2005. This act differentiated between genders and criminalized sexual encounters with men under 19 years of age, while the age of consent for women were 16.


>>> Read further (full article)

 

 

| mekanik |

| the changes to the road accident fund act|

 

Recent amendments to the Road Accident Fund Act 56 of 1996 (the “RAF Act”) came into effect on the 1st August 2008. Transport Minister Radebe said that these amendments intend to remove any inequitable provisions in the RAF Act and ensure that all road users are able to claim for their loss of income and medical treatment.

 

However, the amendments introduce strict caps on claims for loss of earnings, support and general damages so as to address the sustainability of the Road Accident Fund (the “Fund”); which seemingly took a major hit after some R500 million was only just paid out to a Swiss claimant, Joachim Schoss.


>>> Read further (full article)

 

 

| ek sê |

| die gras is altyd groener aan die ander kant |

 

Meeste lede van die publiek het al te doen gekry met ‘n buurman wat kla oor buitengewone geraas (veral Saterdae in die winter vanaf 15:00), jou kuiergaste wat op sy gras parkeer, die geblaf van jou Jack Russel of, my gunsteling, die keer toe ‘n buurvrou gekla het van die geraas in ‘n studentehuis wanneer die inwoners oor naweke bietjie rusbankrugby met hul vriendinne speel.

 

Die Suid Afrikaanse Burereg bestaan nie uit ‘n eenvormige stel regsreëls wat na ‘n basiese beginsel herlei kan word nie. Dit is ‘n versameling van sakeregtelike en deliktuele regsreëls wat in ‘n ongemaklike kategorie saamgesnoer word.  In die saak van Gien v Gien, het twee broers elkeen die helfte van hul vader se grond geerf maar die twee broers het nie om dieselfde vuur gesit nie.

 

>>> Lees verder (volledige artikel)

 

 

| nowheresville |

| the reasonable dog|

In dealing with actions for damages caused by animals, the courts have developed the concept of the ‘reasonable dog.’ The 1970’s case of Da Silva v Coetzee is just one of many cases which have dealt with concept of a reasonable dog.

 

On the evening in question, Mrs Da Silva was walking arm-in-arm with some friends while window shopping. The night-watchman as well as his guard dog, who was chained, were standing an alley way . The three women walked through the alleyway and the dog attacked Mrs Da Silva, bit her on the buttocks and scratched her shoulder blade.

 

>>> Read further (full article)

 

 

| br!ghtshark |

| airwaves - air waves, why fly - wifi|

For frequent flyers, the words "please switch off all cellphones and other electronic devices" or "do not switch on your cellphone until the cabin doors have been opened" is unambiguous with flying. Don't get too used to this now though - South African Airways is in the process of approaching the South African Civil Aviation Authority to allow the opening up the air waves so that in-flight wifi (internet services) and cellphone access can be allowed in the not too distant future.

 

>>> Read further (full article)

 

| rollonfriday |

| us lawyer sues for bigotry against blokes |

A US lawyer is suing Columbia University for offering a course in women's studies.

 

RoyDen Hollander (who really does write his name like that) is a New York lawyer and avowed "anti-feminist". He claims that by offering a course in women's studies, but no similar course in men's studies, the university is violating equality rights set out under the US constitution. And in case that wasn't reason enough to strike the course from the curriculum, Hollander argues that it uses government money to promote both "the religionist belief system that is feminism" and "a bastion of bigotry against men".  

 

Unsurprisingly this isn't the first "guys' rights" case Hollander has pursued. In the past few years he has also sued various Manhattan night clubs for offering discounts to women and the US government for bringing in a law protecting women from violence.

 

His website loudly trumpets that now is the time for all good men to fight for their rights and you can read all about his recent cases. And of course if any chaps want to help the cause Hollander is more than happy to take their donations.

 

(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