Why do law firms often require applicants, for entry level positions, who are fluent in Afrikaans? An answer I can give from my own experience of the industry.
Business is won or lost on the margins, and law is one of the most competitive businesses there is. Lawyers do all they can to give their clients the best experience possible, from having comfy chairs, to offering expensive tea and coffee, to trying to communicate with clients in their own language.
Afrikaans is one of the most spoken languages in South Africa, and the vast majority of speakers are non-white. At one firm I worked at, almost all of my instructions were in Afrikaans. I have also had a matter where the prosecution handed me a document dealing with my client's case, in Afrikaans, and given the masses of case law written in Afrikaans, including one case which was vital to a matter I dealt with, it is still important.
Law is a business. While less vital for case law purposes, languages like Zulu or even Portuguese are often required by firms, because their clients are more comfortable speaking these languages. You make money in law by serving your clients so they recommend you to others and come back with other problems. Speaking their language is a massive advantage.
You might even find that a lot of the firms requiring someone fluent in Afrikaans have a purely English speaking staff, and have missed out on a lot of business as a result, and are trying to get into a new market. You might find the same with those asking for Zulu.
The only reason firms tend to set language requirements is because it means they can make more money.
If you can't meet the standards, make sure you provide something of equal or greater value. E.g. an advanced research ability or a good base of potential clients.
SACNS News & Analysis. Marc Evan Aupiais' Substantive Accurate Concise Nuanced Select.
Sunday, 15 July 2018
Why do law firms often require applicants, for entry level positions, who are fluent in Afrikaans? An answer ...
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 8 July 2018
In South Africa, certain terms of an employment contract must be reduced to writing by the employer
The basics that must be in any contract of employment are set out in s 29 of the BCEA:
'29. Written particulars of employment.—(1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
(a)
the full name and address of the employer;
(b)
the name and occupation of the employee, or a brief description of the work for which the employee is employed;
(c)
the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
(d)
the date on which the employment began;
(e)
the employee’s ordinary hours of work and days of work;
( f )
the employee’s wage or the rate and method of calculating wages;
(g)
the rate of pay for overtime work;
(h)
any other cash payments that the employee is entitled to;
(i)
any payment in kind that the employee is entitled to and the value of the payment in kind;
( j)
how frequently remuneration will be paid;
(k)
any deductions to be made from the employee’s remuneration;
(l)
the leave to which the employee is entitled;
(m)
the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
(n)
a description of any council or sectoral determination which covers the employer’s business;
(o)
any period of employment with a previous employer that counts towards the employee’s period of employment;
(p)
a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.
(2) When any matter listed in subsection (1) changes—
(a)
the written particulars must be revised to reflect the change; and
(b)
the employee must be supplied with a copy of the document reflecting the change.
(3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.
(4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.'
Obviously, some of these will be governed by statutory minimums or requirements, mostly found in the same Basic Conditions of Employment Act.
The rest of an employment contract usually just spells out common law and statutory rights, and unique conditions.
Nothing herein should be relied upon as legal advice. For that, make an appointment with your attorney and fully brief them of the facts and nuances of your matter.
'29. Written particulars of employment.—(1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing—
(a)
the full name and address of the employer;
(b)
the name and occupation of the employee, or a brief description of the work for which the employee is employed;
(c)
the place of work, and, where the employee is required or permitted to work at various places, an indication of this;
(d)
the date on which the employment began;
(e)
the employee’s ordinary hours of work and days of work;
( f )
the employee’s wage or the rate and method of calculating wages;
(g)
the rate of pay for overtime work;
(h)
any other cash payments that the employee is entitled to;
(i)
any payment in kind that the employee is entitled to and the value of the payment in kind;
( j)
how frequently remuneration will be paid;
(k)
any deductions to be made from the employee’s remuneration;
(l)
the leave to which the employee is entitled;
(m)
the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
(n)
a description of any council or sectoral determination which covers the employer’s business;
(o)
any period of employment with a previous employer that counts towards the employee’s period of employment;
(p)
a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.
(2) When any matter listed in subsection (1) changes—
(a)
the written particulars must be revised to reflect the change; and
(b)
the employee must be supplied with a copy of the document reflecting the change.
(3) If an employee is not able to understand the written particulars, the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands.
(4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.'
Obviously, some of these will be governed by statutory minimums or requirements, mostly found in the same Basic Conditions of Employment Act.
The rest of an employment contract usually just spells out common law and statutory rights, and unique conditions.
Nothing herein should be relied upon as legal advice. For that, make an appointment with your attorney and fully brief them of the facts and nuances of your matter.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Saturday, 7 July 2018
Sending out your Curriculum Vitae
A lot of people have given their advice after reading CVs. I am not offering any jobs right now, but I still receive plenty of CVs in my inbox and have discussed this sort of thing with other business owners in the past. So, here it goes.
Some CV advice:
1) Use personal pronouns, commas and full stops. Anyone who is annoyed by them is a) not a lawyer and not in a profession where good written communication is essential and b) is probably able to speed read in any case.
2) Ditch the precedent. List the information about your past experience and jobs that you'd list on LinkedIn. Don't follow some precedent that everyone hands around. Show you know how to construct a formal document.
3) Use a list/table format to supply what is sometimes considered 'superfluous' information, such as your citizenship, sex, phone number, email, website, driver's licence and car ownership status.
4) People want to know you are a complete human person. They want to know your interests, hobbies and what makes you tick. Just, don't list social justice warrior stuff on your CV. People know it is fake or problematic and you will be put on the no pile for that.
5) Don't play the victim card, or the rose from obscurity to greatness card. People want to know you are persevering, but they want someone who strives to better themselves, not someone who blames the world and holds onto past traumas. Get a job by impressing, not by trying to get sympathy.
6) Have a standard letter of motivation. Like everything in your CV it must show a perfect command of English vocabulary, spelling and grammar. Use simpler and smaller words, unless a larger word is ideal. Using a big word when unnecessary is bad communication.
7) Use concise sentences: short but not so short so as to lose the effect.
8) Market yourself. Make sure they want to hire you.
9) List past work experience, even if not in the field. Don't say you were fired or retrenched from a job, which is something I have read in a CV before: only mention retrenchment if it was your last job.
10) Don't lambaste past employers in your CV, or overplay the work you did there.
11) Show an understanding of other people, a willingness to learn and defer, and indicate your ability to show right judgement.
12) Show why you are the best candidate, convince, don't tell.
13) Put at least a month's work into perfecting your CV.
14) Use headers and footers.
15) Save your CV as a PDF when sending.
16) Have a message in the email you send, and mention the sort of job you are seeking. Mention the job you are applying for in the heading of the email, also.
17) Show you are polite and have good communications skills.
18) Make the back end of your CV robust. Place detail of your skills and experience behind everything else, in detail.
19) Include two letters of recommendation which show your good character, scan them in and append them to the end of your PDF. Have a different two character references people can call. They should be people who know you and your character, not past employers.
20) List every course you did and passed in varsity, but don't list the marks you got, say a copy of your transcript is available on request.
21) Don't include scans of your ID, transcripts and degrees in the email or bundle. Say they are available on request.
22) Come across as a competent but real human being.
23) Use the email to indicate you have some knowledge of the firm, if you want to customise it, but have a standard letter of motivation.
24) Say Dear Sir/Madam if you don't know exactly who you want a job from. Try to email a partner or director and avoid the HR department and the secretary. Go straight to the source. Have a paragraph in your email asking them to forward it to the appropriate person if they are not the desk dealing with human resources.
25) Check how you portray yourself on social media and when interacting with people in or adjacent to the profession you want to be part of, make sure you come across well in both instances. People often ask colleages for advice on hirings.
26) You are not worth what you have put into yourself, you are worth what someone is willing to pay for your services. Impress them enough that they want to pay you more so someone else doesn't scoop you up.
27) Dress more formally than the person who will be interviewing you, if you get an interview.
28) See how long secretarial staff have been there, and check LinkedIn for past employees who worked there. See how past employees describe their time there, and how long they worked there. Consider contacting them and finding out more about the firm you might be joining.
29) It will take hundreds of CVs sent out for you to find the right employer, and most won't have advertised a job, some will even create a job to hire you if you are impressive enough. Don't just send to a few employers.
30) Have an impressive and professional email address and conduct yourself with the professionalism expected of people doing the job you want to do.
31) Realise that a CV is like a profile on a dating website, and an interview is like a blind date: you are not everyone's right fit for the job, it is about figuring out if you and the employer are a good fit.
Some CV advice:
1) Use personal pronouns, commas and full stops. Anyone who is annoyed by them is a) not a lawyer and not in a profession where good written communication is essential and b) is probably able to speed read in any case.
2) Ditch the precedent. List the information about your past experience and jobs that you'd list on LinkedIn. Don't follow some precedent that everyone hands around. Show you know how to construct a formal document.
3) Use a list/table format to supply what is sometimes considered 'superfluous' information, such as your citizenship, sex, phone number, email, website, driver's licence and car ownership status.
4) People want to know you are a complete human person. They want to know your interests, hobbies and what makes you tick. Just, don't list social justice warrior stuff on your CV. People know it is fake or problematic and you will be put on the no pile for that.
5) Don't play the victim card, or the rose from obscurity to greatness card. People want to know you are persevering, but they want someone who strives to better themselves, not someone who blames the world and holds onto past traumas. Get a job by impressing, not by trying to get sympathy.
6) Have a standard letter of motivation. Like everything in your CV it must show a perfect command of English vocabulary, spelling and grammar. Use simpler and smaller words, unless a larger word is ideal. Using a big word when unnecessary is bad communication.
7) Use concise sentences: short but not so short so as to lose the effect.
8) Market yourself. Make sure they want to hire you.
9) List past work experience, even if not in the field. Don't say you were fired or retrenched from a job, which is something I have read in a CV before: only mention retrenchment if it was your last job.
10) Don't lambaste past employers in your CV, or overplay the work you did there.
11) Show an understanding of other people, a willingness to learn and defer, and indicate your ability to show right judgement.
12) Show why you are the best candidate, convince, don't tell.
13) Put at least a month's work into perfecting your CV.
14) Use headers and footers.
15) Save your CV as a PDF when sending.
16) Have a message in the email you send, and mention the sort of job you are seeking. Mention the job you are applying for in the heading of the email, also.
17) Show you are polite and have good communications skills.
18) Make the back end of your CV robust. Place detail of your skills and experience behind everything else, in detail.
19) Include two letters of recommendation which show your good character, scan them in and append them to the end of your PDF. Have a different two character references people can call. They should be people who know you and your character, not past employers.
20) List every course you did and passed in varsity, but don't list the marks you got, say a copy of your transcript is available on request.
21) Don't include scans of your ID, transcripts and degrees in the email or bundle. Say they are available on request.
22) Come across as a competent but real human being.
23) Use the email to indicate you have some knowledge of the firm, if you want to customise it, but have a standard letter of motivation.
24) Say Dear Sir/Madam if you don't know exactly who you want a job from. Try to email a partner or director and avoid the HR department and the secretary. Go straight to the source. Have a paragraph in your email asking them to forward it to the appropriate person if they are not the desk dealing with human resources.
25) Check how you portray yourself on social media and when interacting with people in or adjacent to the profession you want to be part of, make sure you come across well in both instances. People often ask colleages for advice on hirings.
26) You are not worth what you have put into yourself, you are worth what someone is willing to pay for your services. Impress them enough that they want to pay you more so someone else doesn't scoop you up.
27) Dress more formally than the person who will be interviewing you, if you get an interview.
28) See how long secretarial staff have been there, and check LinkedIn for past employees who worked there. See how past employees describe their time there, and how long they worked there. Consider contacting them and finding out more about the firm you might be joining.
29) It will take hundreds of CVs sent out for you to find the right employer, and most won't have advertised a job, some will even create a job to hire you if you are impressive enough. Don't just send to a few employers.
30) Have an impressive and professional email address and conduct yourself with the professionalism expected of people doing the job you want to do.
31) Realise that a CV is like a profile on a dating website, and an interview is like a blind date: you are not everyone's right fit for the job, it is about figuring out if you and the employer are a good fit.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Saturday, 23 June 2018
How to make legal services more affordable, and feed the masses of unemployed law graduates ...
How to actually open up the legal profession, and legal services.
I often hear the same suggestions, which just don't work, when it comes to making legal services more accessible. We are told we need more government intervention, more tariffs and rules.
I have something radical to suggest: less rules.
If you want more people to do something with their LLB, give them practical trade training, and let them practise straight away. Get rid of articles of clerkship. Americans do well without it, and the market is much better at establishing standards than statutes and laws are.
Get rid of comparitive advertising rules, in fact, let attorneys advertise their prices, let them do discounts, and vouchers. Let them pay marketing agencies to get them clients. Let them share offices and resources and fees. Let them have lay shareholders, even. These things have not destroyed the medical profession. If anything, medical services are more available as a result.
In any market, heavy regulations favour the status quo and push out new competition. In a place like America, anyone can get legal services.
Imagine if the so called street advocates and attorneys who struggle, instead of competing with everyone else for the same upper middle class business, were allowed to charge say R 20.00 an hour instead of the fees they have to charge. Many could survive in law, on that even. It would open legal services up. Township barbers in no way reduce the quality of service found in a top hair salon. What they do is give people hair care at a price they are prepared to pay for the quality and service they want.
What would happen if we got rid of undercharging prohibitions? People who want the current levels of service would still pay for them. And those in up market suburbs or near big businesses would still have the same clients. However, just as private schools are offering very cheap fees for the poor, lawyers could then compete with legal aid. Small debts, like R 5000.00 would also become more affordable to litigate, opening up legal services for smaller debts.
I would love to see a world where free market capitalism, and all its advertising and voluntary fee arrangements and market regulations could bring legal services to everyone, and allow the other 75% to make money from the legal degree they studied. Don't have own transport? No trouble if you work for yourself and are prepared to take a taxi or bus to court. Don't speak Tswana or Afrikaans? That is fine if you are working for yourself and your clients speak Zulu or English.
Currently, we are heading in the exact opposite direction. It does not have to be that way. So much of the poverty we see among LLB graduates is the direct result of law and regulations. Let's educate the powers that be to let the market regulate our services. It can work.
I often hear the same suggestions, which just don't work, when it comes to making legal services more accessible. We are told we need more government intervention, more tariffs and rules.
I have something radical to suggest: less rules.
If you want more people to do something with their LLB, give them practical trade training, and let them practise straight away. Get rid of articles of clerkship. Americans do well without it, and the market is much better at establishing standards than statutes and laws are.
Get rid of comparitive advertising rules, in fact, let attorneys advertise their prices, let them do discounts, and vouchers. Let them pay marketing agencies to get them clients. Let them share offices and resources and fees. Let them have lay shareholders, even. These things have not destroyed the medical profession. If anything, medical services are more available as a result.
In any market, heavy regulations favour the status quo and push out new competition. In a place like America, anyone can get legal services.
Imagine if the so called street advocates and attorneys who struggle, instead of competing with everyone else for the same upper middle class business, were allowed to charge say R 20.00 an hour instead of the fees they have to charge. Many could survive in law, on that even. It would open legal services up. Township barbers in no way reduce the quality of service found in a top hair salon. What they do is give people hair care at a price they are prepared to pay for the quality and service they want.
What would happen if we got rid of undercharging prohibitions? People who want the current levels of service would still pay for them. And those in up market suburbs or near big businesses would still have the same clients. However, just as private schools are offering very cheap fees for the poor, lawyers could then compete with legal aid. Small debts, like R 5000.00 would also become more affordable to litigate, opening up legal services for smaller debts.
I would love to see a world where free market capitalism, and all its advertising and voluntary fee arrangements and market regulations could bring legal services to everyone, and allow the other 75% to make money from the legal degree they studied. Don't have own transport? No trouble if you work for yourself and are prepared to take a taxi or bus to court. Don't speak Tswana or Afrikaans? That is fine if you are working for yourself and your clients speak Zulu or English.
Currently, we are heading in the exact opposite direction. It does not have to be that way. So much of the poverty we see among LLB graduates is the direct result of law and regulations. Let's educate the powers that be to let the market regulate our services. It can work.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 17 June 2018
Signing a power of attorney
The word attorney, in the context of a power of attorney, means agent.
The Attorneys Act has changed its meaning in general use to the meaning of attorney at law, a person who can represent others at court. In fact, power of attorney almost always appoints an attorney at fact, someone to run business and financial affairs.
It can be drafted without an attorney, on itself from scratch or based on precedents, and precedents can be bought at most Waltons or at CNAs, but caution must be had in signing one. They can become irrevocable if drafted in certain ways, and some are best registered at the deeds office.
Anything giving that much power should preferably be drafted by an attorney. Certain institutions demand that any power of attorney over their contracts be signed in the presence of their chosen employees, to avoid fraud.
Also, if the person granting the mandate is losing their faculties, curatorship or appointment of someone to manage their affairs in terms of the Mental Health Care Act is advisable, the moment they have lost the mental ability to properly comprehend and manage their own financial, proprietary, and patrimonial affairs, as any agent has only the capacity of the person who has mandated them. The moment they lose that capacity, the power of attorney ceases to have legal effect.
Nothing said herein should be relied upon as legal advice. For legal advice, make an appointment with your attorney, consult fully with them and brief them on your matter in all its inherent nuances and details.
The Attorneys Act has changed its meaning in general use to the meaning of attorney at law, a person who can represent others at court. In fact, power of attorney almost always appoints an attorney at fact, someone to run business and financial affairs.
It can be drafted without an attorney, on itself from scratch or based on precedents, and precedents can be bought at most Waltons or at CNAs, but caution must be had in signing one. They can become irrevocable if drafted in certain ways, and some are best registered at the deeds office.
Anything giving that much power should preferably be drafted by an attorney. Certain institutions demand that any power of attorney over their contracts be signed in the presence of their chosen employees, to avoid fraud.
Also, if the person granting the mandate is losing their faculties, curatorship or appointment of someone to manage their affairs in terms of the Mental Health Care Act is advisable, the moment they have lost the mental ability to properly comprehend and manage their own financial, proprietary, and patrimonial affairs, as any agent has only the capacity of the person who has mandated them. The moment they lose that capacity, the power of attorney ceases to have legal effect.
Nothing said herein should be relied upon as legal advice. For legal advice, make an appointment with your attorney, consult fully with them and brief them on your matter in all its inherent nuances and details.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Tuesday, 12 June 2018
What makes an attorney successful, or at least capable of surviving the profession?
What makes an attorney successful, or at least capable of surviving the profession?
I have written on this from several perspectives.
Success can be found in the attorney's profession, but you will fight for your dinner every night. That is a big part of what we do. We have to be capable of dealing well with the unknown and handling stress.
I could not see myself doing anything else, but unless you have the killer instinct and the ability to harm in a lawful and self controlled manner, don't become an attorney. Rather then be a legal advisor or countless other jobs.
Lawyers, who survive the profession, mostly, are cautious financially, and build what they have up over time. A lot of lawyers are broke or financially distressed, some have to close up shop, despite early successes. Those who survive are careful which matters they take, and who they permit to be their client. It is a difficult career to succeed in, and many don't. It is vital to be discerning, and create processes and capacity before taking on too many clients if you start your own firm. Firms which grow too fast often don't last.
Those who do succeed have good and bad times, as the economy rises and falls. They learn to save for bad months, and not overspend on good ones.
They take deposits, and measure how much spending and work they do for a matter before paid for work already done, and don't keep working without regular payments towards what is owed, or to be owed.
When it comes to getting a job as a candidate attorney or your first job as an attorney, academic marks and achievements mean next to nothing to 90% of firms out there. They often only care if you passed, are humble, capable and have good English communication, spelling, and grammar, and good manners. Good work experience as a candidate attorney, also matters, for your first job as an attorney.
Being polite, emotionally intelligent, thorough, and ready to find answers, instead of assuming them, are vital traits for many.
I have written on this from several perspectives.
Success can be found in the attorney's profession, but you will fight for your dinner every night. That is a big part of what we do. We have to be capable of dealing well with the unknown and handling stress.
I could not see myself doing anything else, but unless you have the killer instinct and the ability to harm in a lawful and self controlled manner, don't become an attorney. Rather then be a legal advisor or countless other jobs.
Lawyers, who survive the profession, mostly, are cautious financially, and build what they have up over time. A lot of lawyers are broke or financially distressed, some have to close up shop, despite early successes. Those who survive are careful which matters they take, and who they permit to be their client. It is a difficult career to succeed in, and many don't. It is vital to be discerning, and create processes and capacity before taking on too many clients if you start your own firm. Firms which grow too fast often don't last.
Those who do succeed have good and bad times, as the economy rises and falls. They learn to save for bad months, and not overspend on good ones.
They take deposits, and measure how much spending and work they do for a matter before paid for work already done, and don't keep working without regular payments towards what is owed, or to be owed.
When it comes to getting a job as a candidate attorney or your first job as an attorney, academic marks and achievements mean next to nothing to 90% of firms out there. They often only care if you passed, are humble, capable and have good English communication, spelling, and grammar, and good manners. Good work experience as a candidate attorney, also matters, for your first job as an attorney.
Being polite, emotionally intelligent, thorough, and ready to find answers, instead of assuming them, are vital traits for many.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Friday, 20 April 2018
Debt collectors cannot just do as they please in South Africa
Debt collectors cannot just do as they please in South Africa
Debt collectors are bound by the Debt Collectors Act (Act No 114 of 1998). They thus have to adhere to the code of conduct set out in the regulations thereto, and to the act itself.
In terms of s 1 of the act:
'“debt collector” means—
(a)
a person, other than an attorney or his or her employee or a party to a factoring arrangement, who for reward collects debts owed to another on the latter’s behalf;
(b)
a person who, other than a party to a factoring arrangement, in the course of his or her regular business, for reward takes over debts referred to in paragraph (a) in order to collect them for his or her own benefit;
(c)
a person who, as an agent or employee of a person referred to in paragraph (a) or (b) or as an agent of an attorney, collects the debts on behalf of such person or attorney, excluding an employee whose duties are purely administrative, clerical or otherwise subservient to the actual occupation of debt collector;'
In terms of s 14 of the act:
'Code of conduct.—(1) (a) The Council shall, subject to the approval of the Minister, adopt a code of conduct for debt collectors and shall publish such code in the Gazette.
(b) The code of conduct, and any amendment thereof, shall be submitted to Parliament within 14 days after publication thereof in the Gazette.
(2) The Council may, subject to the approval of the Minister, amend or repeal the code of conduct adopted by it: Provided that such code shall not be wholly repealed by it, unless it is simultaneously replaced by a new code of conduct for debt collectors so adopted and approved by the Minister and, provided further, that the Council shall publish any such amendment, repeal or replacement in the Gazette.
(3) The code of conduct drawn up or adopted by the Council and published in the Gazette shall be binding on all debt collectors.'
What follows is an extract from the code of conduct, and an extract from the act, both setting out some of what debt collectors can and cannot do:
'(2) A debt collector, in the process of collecting a debt, shall have due regard for the person, the property and the civil rights of a debtor, and shall ensure that any action taken against a debtor does not humiliate, threaten or cause distress to such a debtor.
(3) In collecting or attempting to collect a claim a debt collector shall not—
(a)
collect or attempt to collect for a creditor money in excess of the amount owing by the debtor to the creditor, except for interest and costs legally recoverable;
(b)
misrepresent the true nature of his or her business, or threaten to institute legal proceedings, whether civil or criminal, if there is no intention to carry out such a threat;
(c)
utilise a communication which simulates legal or judicial processes;
(d)
threaten violence or harm to the debtor, those related to him, or his or her or their property;
(e)
use obscene, defamatory or threatening language when communicating with a debtor or persons related to him;
( f )
communicate with a debtor when his or her legal adviser has notified the debt collector in writing to communicate with the legal adviser;
(g)
abuse or intimidate a debtor in any manner, whether orally or in writing, in order to induce a person to pay a debt;
(h)
call on a debtor, or park in front of a debtor’s residential or work address in a vehicle which is conspicuously marked in any way that discloses its purposes and whereby the debtor may be embarrassed;
(i)
make telephone or personal calls or send written communications which may constitute excessive harassment of the debtor, his or her spouse or any member of his or her family;
( j)
make telephone calls or personal calls for the purpose of demanding payment of a debt on a Sunday or between the hours of nine o’clock in the evening and six o’clock in the morning on any other day, unless the debtor or his or her spouse requests the debt collector to do so;
(k)
engage in any other excessive conduct which can reasonably be expected to harass the debtor or persons related to him or her;
(l)
disclose or threaten to disclose information which could adversely affect the debtor’s reputation for creditworthiness, knowing or having reason to suspect that the information is false;
(m)
initiate or threaten to initiate communication with the debtor’s employer prior to obtaining final judgment against the debtor, in order to exert pressure on the debtor, although this does not prohibit a debt collector from communicating with the debtor’s employer solely to verify employment status or earnings or where an employer has an established debt counselling service or procedure;
(n)
communicate with an employer, acquaintance, friend, relative or neighbour of the debtor, unless such a person stands surety for the debtor, or unless it is to obtain the debtor’s address or telephone number;
(o)
disclose or threaten to disclose to a person other than the debtor or his or her spouse if also liable, information concerning the existence of the claim, except through proper legal proceedings, although this does not prohibit lawful disclosure to another person of such information, provided the debtor is notified of such communication;
(p)
disclose or threaten to disclose information of a debt which with valid reason is disputed by the debtor, without disclosing the fact that the debtor disputes such debt;
(q)
give to any person, by implication, inference or express statement, any false or misleading information that may be detrimental to a debtor, his or her spouse or any member of his or her family;
(r)
give, or threaten to give, by implication, inference or statement, to the person who employs a debtor, his or her spouse or any member of his or her family, information that may adversely affect the employment or employment opportunities of the debtor, his or her spouse or any member of his or her family;
(s)
make a demand for payment of an account by telephone, personal call or in writing, without indicating the name of the creditor to whom the debt is owing, the balance of the account and the identity and the basis of the claim of the person making the demand, or
(t)
commence or continue an action for the recovery of a debt in the name of the debt collector as plaintiff, unless such debt has been ceded to the debt collector in good faith.' (GNR.663 of 16 May 2003: Council for Debt Collectors issued in terms of s 14 the DEBT COLLECTORS ACT NO. 114 OF 1998)
'15. Improper conduct by debt collectors.—(1) A debt collector may be found guilty by the Council of improper conduct if he or she, or a person for whom he or she is vicariously liable—
(a)
uses force or threatens to use force against a debtor or any other person with whom the debtor has family ties or a familial or personal relationship;
(b)
acts towards a debtor or any other person with whom the debtor has family ties or a familial or personal relationship, in an excessive or intimidating manner;
(c)
makes use of fraudulent or misleading representations, including—
(i)
the simulation of legal procedures;
(ii)
the use of simulated official or legal documents;
(iii)
representation as a police officer, sheriff, officer of court or any similar person; or
(iv)
the making of unjustified threats to enforce rights;
(d)
is convicted of an offence of which violence, dishonesty, extortion or intimidation is an element;
(e)
spreads or threatens to spread false information concerning the creditworthiness of a debtor;
( f )
contravenes or fails to comply with a provision of the code of conduct contemplated in section 14;
(g)
contravenes or fails to comply with any provision of this Act; or
(h)
behaves or acts in any manner amounting to conduct, other than that mentioned in paragraphs (a), (b), (c), (d), (e), ( f ) or (g), which is improper in terms of a regulation.
(2) The Council may in the prescribed manner investigate an allegation of improper conduct by a debt collector submitted to it in the prescribed manner or have it investigated in the prescribed manner by a committee of members of the Council or by a person or persons nominated by it: Provided that a debt collector whose conduct is being investigated shall be afforded the opportunity, either in person or through a legal representative, of refuting any allegations made against him or her.
(3) If the Council finds a debt collector guilty of improper conduct, the Council may—
(a)
withdraw his or her registration as a debt collector;
(b)
suspend his or her registration for a specified period or pending the fulfilment of a condition or conditions;
(c)
impose on him or her a fine not exceeding the prescribed amount, which fine shall be payable to the Council;
(d)
reprimand him or her;
(e)
recover from him or her the costs incurred by the Council in connection with the investigation;
( f )
order him or her to reimburse any person who the Council is satisfied has been prejudiced by the conduct of such debt collector and to furnish the Council within a specified period with proof of such reimbursement; or
(g)
combine any of the penalties under this subsection.
(4) Any penalty imposed on a debt collector in terms of subsection (3) (a), (b), (c) or (g) may be suspended, either wholly or partially, by the Council on such conditions as the Council deems appropriate.
(5) The Council may in its discretion assign any of the powers conferred on it under this section, except a power referred to in subsection (3) (a), to a committee nominated by it in terms of subsection (2), and may rescind or vary a decision of such a committee.' (S 15 of the DEBT COLLECTORS ACT NO. 114 OF 1998)
Nothing herein contained should be relied upon as legal advice. For that, please see your attorney for a consultation.
Debt collectors are bound by the Debt Collectors Act (Act No 114 of 1998). They thus have to adhere to the code of conduct set out in the regulations thereto, and to the act itself.
In terms of s 1 of the act:
'“debt collector” means—
(a)
a person, other than an attorney or his or her employee or a party to a factoring arrangement, who for reward collects debts owed to another on the latter’s behalf;
(b)
a person who, other than a party to a factoring arrangement, in the course of his or her regular business, for reward takes over debts referred to in paragraph (a) in order to collect them for his or her own benefit;
(c)
a person who, as an agent or employee of a person referred to in paragraph (a) or (b) or as an agent of an attorney, collects the debts on behalf of such person or attorney, excluding an employee whose duties are purely administrative, clerical or otherwise subservient to the actual occupation of debt collector;'
In terms of s 14 of the act:
'Code of conduct.—(1) (a) The Council shall, subject to the approval of the Minister, adopt a code of conduct for debt collectors and shall publish such code in the Gazette.
(b) The code of conduct, and any amendment thereof, shall be submitted to Parliament within 14 days after publication thereof in the Gazette.
(2) The Council may, subject to the approval of the Minister, amend or repeal the code of conduct adopted by it: Provided that such code shall not be wholly repealed by it, unless it is simultaneously replaced by a new code of conduct for debt collectors so adopted and approved by the Minister and, provided further, that the Council shall publish any such amendment, repeal or replacement in the Gazette.
(3) The code of conduct drawn up or adopted by the Council and published in the Gazette shall be binding on all debt collectors.'
What follows is an extract from the code of conduct, and an extract from the act, both setting out some of what debt collectors can and cannot do:
'(2) A debt collector, in the process of collecting a debt, shall have due regard for the person, the property and the civil rights of a debtor, and shall ensure that any action taken against a debtor does not humiliate, threaten or cause distress to such a debtor.
(3) In collecting or attempting to collect a claim a debt collector shall not—
(a)
collect or attempt to collect for a creditor money in excess of the amount owing by the debtor to the creditor, except for interest and costs legally recoverable;
(b)
misrepresent the true nature of his or her business, or threaten to institute legal proceedings, whether civil or criminal, if there is no intention to carry out such a threat;
(c)
utilise a communication which simulates legal or judicial processes;
(d)
threaten violence or harm to the debtor, those related to him, or his or her or their property;
(e)
use obscene, defamatory or threatening language when communicating with a debtor or persons related to him;
( f )
communicate with a debtor when his or her legal adviser has notified the debt collector in writing to communicate with the legal adviser;
(g)
abuse or intimidate a debtor in any manner, whether orally or in writing, in order to induce a person to pay a debt;
(h)
call on a debtor, or park in front of a debtor’s residential or work address in a vehicle which is conspicuously marked in any way that discloses its purposes and whereby the debtor may be embarrassed;
(i)
make telephone or personal calls or send written communications which may constitute excessive harassment of the debtor, his or her spouse or any member of his or her family;
( j)
make telephone calls or personal calls for the purpose of demanding payment of a debt on a Sunday or between the hours of nine o’clock in the evening and six o’clock in the morning on any other day, unless the debtor or his or her spouse requests the debt collector to do so;
(k)
engage in any other excessive conduct which can reasonably be expected to harass the debtor or persons related to him or her;
(l)
disclose or threaten to disclose information which could adversely affect the debtor’s reputation for creditworthiness, knowing or having reason to suspect that the information is false;
(m)
initiate or threaten to initiate communication with the debtor’s employer prior to obtaining final judgment against the debtor, in order to exert pressure on the debtor, although this does not prohibit a debt collector from communicating with the debtor’s employer solely to verify employment status or earnings or where an employer has an established debt counselling service or procedure;
(n)
communicate with an employer, acquaintance, friend, relative or neighbour of the debtor, unless such a person stands surety for the debtor, or unless it is to obtain the debtor’s address or telephone number;
(o)
disclose or threaten to disclose to a person other than the debtor or his or her spouse if also liable, information concerning the existence of the claim, except through proper legal proceedings, although this does not prohibit lawful disclosure to another person of such information, provided the debtor is notified of such communication;
(p)
disclose or threaten to disclose information of a debt which with valid reason is disputed by the debtor, without disclosing the fact that the debtor disputes such debt;
(q)
give to any person, by implication, inference or express statement, any false or misleading information that may be detrimental to a debtor, his or her spouse or any member of his or her family;
(r)
give, or threaten to give, by implication, inference or statement, to the person who employs a debtor, his or her spouse or any member of his or her family, information that may adversely affect the employment or employment opportunities of the debtor, his or her spouse or any member of his or her family;
(s)
make a demand for payment of an account by telephone, personal call or in writing, without indicating the name of the creditor to whom the debt is owing, the balance of the account and the identity and the basis of the claim of the person making the demand, or
(t)
commence or continue an action for the recovery of a debt in the name of the debt collector as plaintiff, unless such debt has been ceded to the debt collector in good faith.' (GNR.663 of 16 May 2003: Council for Debt Collectors issued in terms of s 14 the DEBT COLLECTORS ACT NO. 114 OF 1998)
'15. Improper conduct by debt collectors.—(1) A debt collector may be found guilty by the Council of improper conduct if he or she, or a person for whom he or she is vicariously liable—
(a)
uses force or threatens to use force against a debtor or any other person with whom the debtor has family ties or a familial or personal relationship;
(b)
acts towards a debtor or any other person with whom the debtor has family ties or a familial or personal relationship, in an excessive or intimidating manner;
(c)
makes use of fraudulent or misleading representations, including—
(i)
the simulation of legal procedures;
(ii)
the use of simulated official or legal documents;
(iii)
representation as a police officer, sheriff, officer of court or any similar person; or
(iv)
the making of unjustified threats to enforce rights;
(d)
is convicted of an offence of which violence, dishonesty, extortion or intimidation is an element;
(e)
spreads or threatens to spread false information concerning the creditworthiness of a debtor;
( f )
contravenes or fails to comply with a provision of the code of conduct contemplated in section 14;
(g)
contravenes or fails to comply with any provision of this Act; or
(h)
behaves or acts in any manner amounting to conduct, other than that mentioned in paragraphs (a), (b), (c), (d), (e), ( f ) or (g), which is improper in terms of a regulation.
(2) The Council may in the prescribed manner investigate an allegation of improper conduct by a debt collector submitted to it in the prescribed manner or have it investigated in the prescribed manner by a committee of members of the Council or by a person or persons nominated by it: Provided that a debt collector whose conduct is being investigated shall be afforded the opportunity, either in person or through a legal representative, of refuting any allegations made against him or her.
(3) If the Council finds a debt collector guilty of improper conduct, the Council may—
(a)
withdraw his or her registration as a debt collector;
(b)
suspend his or her registration for a specified period or pending the fulfilment of a condition or conditions;
(c)
impose on him or her a fine not exceeding the prescribed amount, which fine shall be payable to the Council;
(d)
reprimand him or her;
(e)
recover from him or her the costs incurred by the Council in connection with the investigation;
( f )
order him or her to reimburse any person who the Council is satisfied has been prejudiced by the conduct of such debt collector and to furnish the Council within a specified period with proof of such reimbursement; or
(g)
combine any of the penalties under this subsection.
(4) Any penalty imposed on a debt collector in terms of subsection (3) (a), (b), (c) or (g) may be suspended, either wholly or partially, by the Council on such conditions as the Council deems appropriate.
(5) The Council may in its discretion assign any of the powers conferred on it under this section, except a power referred to in subsection (3) (a), to a committee nominated by it in terms of subsection (2), and may rescind or vary a decision of such a committee.' (S 15 of the DEBT COLLECTORS ACT NO. 114 OF 1998)
Nothing herein contained should be relied upon as legal advice. For that, please see your attorney for a consultation.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Monday, 22 January 2018
Uncertainty about the use of Afrikaans in pleadings in South African courts
'English will be the only language of record in South African courts, Chief Justice Mogoeng Mogoeng said on Friday.
"Nobody is saying South Africans are not permitted to speak in their mother tongue in a court of law," Mogoeng told reporters at the office of the chief justice in Midrand.
"We are just saying, to facilitate efficiency and a smooth running of the court system, we would do well according to our experience... We [should] have everything that is said in a particular case captured in one language that is understood by all the judges - and that language is English," he said.
The decision was made during a two-day meeting held by the heads of courts, under the chairmanship of Mogoeng.' (City Press, 29/09/2017)
Everything said, traditionally includes the court record, often auditory in nature, and the pleadings. In that sense, it would seem all litigation must take place or be translated into English.
An early 2017 decision which seems largely confined to Saflii in being reported is one by acting judge, C R Jansen, in Pretoria, namely Lakey v Road Accident Fund (69036/2015) [2017] ZAGPPHC 245 (25 May 2017). It does not take into account the decision of the chief justice, which purportedly occurred a mere month before its final decision was announced, and which thus would be unlikely to apply to its pleadings, but nonetheless is entirely unmentioned.
Of language, it specifically says:
'THE USE OF LANGUAGE IN PLEADINGS
[31] The plaintiff s pleadings were drafted in Afrikaans. It is not appropriate to use Afrikaans in pleadings or in correspondence where other litigants involved are not conversant in the language, or where it can be foreseen that they may not be.
[32] In the present matter it was particularly inappropriate. The plaintiff testified in English and confirmed that his mother tongue is, in fact, English. More importantly, counsel for the defendant, Ms Kelaotswe, confirmed that she does not understand Afrikaans and that she can neither read nor write the language. Her position is most invidious. At the time of the trial she was still in the first year of her practice, and she informed me that when she receives Afrikaans pleadings or correspondence, she is compelled to have these translated at her own cost. This is most unfair towards her and is also a violation of what I consider the correct approach to be in respect of multilingualism in our courts.
[33] That multilingualism and tensions over the use of language is nothing new, is well illustrated in an insightful article written by Professor Gardiol van Niekerk entitled Multilingualism in South African Courts: The legislative regulation of language in the Cape during the Nineteenth Century.[12] The problem is as old as the law itself. There is a fair amount of literature available on the subject[13].
[34] The judicial branch of government has not yet framed a set of rules that deals with the issue of choice of language in courts. Neither the Superior Courts Act 10 of 2013, nor the Rules Board for Courts of Law Act 107 of 1985 seems to deal with this issue in any specifics.
[35] For the legislative branch Parliament has adopted rules as well as policies for choice of language use in the legislature[14], and for the executive Parliament has enacted the Use of Official Languages Act 12 of 2012 that creates the framework for implementing multilingualism in the national sphere of government[15].
[36] The absence of rules makes it difficult for a judge to rule on the issue without betraying his/her personal views on the matter. Apart from the rules of this court not dealing with the issue, I am not aware of any practice directive that deals with the issue. The references in Rule 4(11), Rule 60(1), Rule 61(1) and Rule 61(3) to language issues all seem to be obsolete provisions.[16]
[37] In the matter of Absa Bank Limited v Ferreira NO and Others,[17] Revelas J observed the following in respect of what the rules are m respect of the choice of language in pleadings and forensic conduct:
"[21] ...In my experience the practice adopted in courts in cases where persons prefer to use their mother tongue in preference to English is the following: a litigant may choose to litigate in any of the official languages but is not required to translate the pleadings and documents at own costf or the benefit of the party using a different language.
[22] Just as the defendants, in reliance on s30 of the Constitution have a right to litigate in Afrikaans, so the plaintiff has a right to litigate in English. There is no obligation founded in law, on the party who is dominus litis, to translate all its correspondence and process in ongoing litigation for the benefit of the defendant or respondent, as the case may be. It may be done as a courtesy or as an indulgence.
[23] The defendants have postulated the plaintiff's language policy with its customers as its choice of language when it litigates. These are separate issues entirely. The plaintiff is not obliged to conduct its litigation in Afrikaans and English simply because its opponent (as a customer) was dealt with in Afrikaans. Practical considerations ought to take preference when striking a balance between the right of a litigant to initiate litigation in the language of its choice, and the right of the party defending or opposing that litigation to use his or her language of choice. That means that neither party can prescribe to the other what language to use.
[24] If, for example, a person who only speaks isiXhosa, and who lives in a remote area in the Transkei, is cited as a defendant in civil proceedings drafted in English, he or she would not be entitled to insist that:
(a) All documents served on him be in isiXhosa.
(b) That all court proceedings be conducted in isiXhosa.
(c) That the plaintiff's English speaking counsel argue the matter in isiXhosa.
(d) That the magistrate or judge must conduct the proceedings and write thejudgment in isiXhosa.
[25] That would simply be impracticable..."
[38] The judge's summary of what appears presently to be the practice in South Africa is correct. However, the problem is that the practice has not been informed by a proper discussion within the legal community on this issue. I am not aware of any ruling made by any of the law societies or by the General Council of the Bar or any of its constituents in respect of choice of language. Yet I am aware of many informal and somewhat muted grumblings by practitioners about the insensitive use of Afrikaans in correspondence and pleadings. This case is a good example of the inappropriate use of Afrikaans.
[39] The problem with such a very sensitive matter, which is also a matter of constitutional importance, is that one cannot properly formulate a rule if there has not been a proper discussion of the issue. This discussion is dearly needed.
[40] It is respectfully not appropriate to revert to concepts such as dominus litis as the source of a rule for the choice of language. This may have been appropriate in the pre-democratic era, where there were only two official languages in South African courts, and all practitioners and judicial officers were required to be conversant in both. In such a system, it can easily be expected of any practitioner to read communications in a language other than his preference, but at the same time be entitled to present his or her case in the language of his choice, or, more appropriately, in the language of his client[18]. The dominus litis principle simply does not have the wherewithal to serve as the crucible for the recognition of the status of official languages in court procedings.
[41] Such a rule is simply not practicable in our system of multilingualism. In many instances, such as the present, it is insensitive, uncollegial and even socially obnoxious to use a language that may very well not be understood by the opposing party. On the other hand, all official languages must be used and developed to make their status as official languages real.
[42] In the ideal South Africa, practitioners and judicial officers will themselves be multilingual and would be able to accommodate most languages used in their particular region of the country. However, South Africa isn't anywhere near such a situation.
[43] I cannot take the matter any further other than stating that the use of Afrikaans in this matter for either correspondence or pleadings was most inappropriate. This type of litigation, as with most litigation, should be conducted in English as the only real lingua franca in South Africa. It also does not help that the professional bodies have not engaged in broader internal discussions and that they have not come up with specific rulings to assist practitioners.
[44] While the use of English as a default language is the only practical solution at present, I do not wish to be understood as saying that the use of Afrikaans or other indigenous languages in South Africa should not be used in courts or that their use should not be encouraged. To the contrary, the use of all 11 official languages in our courts should be something that the legal profession should positively support. It is a constitutional imperative.
[45] In ex parte matters, or in matters where it is known that all the parties are Afrikaans speaking, there is nothing inappropriate in the use of Afrikaans. In fact, it would be somewhat contrived and awkward not to use Afrikaans in such settings. The use of Afrikaans in such a context, where it does not offend or inconvenience, should be encouraged.
[46] The Afrikaans speaking community should also not be hamstrung because there appears to be a lack of language activism amongst speakers of indigenous languages. Language activism is deeply rooted in the socio-political fibre of many Afrikaans speaking South Africans, and this is most certainly not something to object to. Indigenous language speakers would do well to champion their constitutional language rights and to insist that it be used in courts as a primary language, and not only as a secondary translated language. But its use must be practical.
[47] The use of language in courts cannot be compared with the situation where an individual citizen insists on being served by an organ of state in the official language of her choice. In court proceedings, there are other people involved, such as opposing litigants, witnesses, judicial officers, assessors and attending public.
[48] Ultimately, the issue around language is something where an urgent discussion is needed in the legal community, and the inappropriate use of language in correspondence and pleadings can also not go without comment and some measure of censure.'
http://www.saflii.org/za/cases/ZAGPPHC/2017/245.html
It seems there was an account in the costs order for both the use of Afrikaans and the use of the wrong court. The case still leaves practitioners met with Afrikaans pleadings in limbo. If a summons is in Afrikaans and no translation is provided, should the respondent or a litigant responding to pleadings which were in Afrikaans give notice of and set down an exception that the opponent's pleadings are vague and embarrassing and perhaps also do not set forth a cause of action? After all, in the language of records of the courts, English, this seems to be the case, if the chief justice's diktat is to be deemed valid by a judge in a particular case.
The matter is further complicated by whether the chief justice even had the power to declare as he did. AfriForum vehemently denies this:
'An apparent decision to make English the only language of record in SA’s high courts will have grave implications for access to justice.
On April 16, the Sunday Times reported that the heads of courts had decided to make English the only official language of record in South African high courts.
The heads of courts are all judges president of the divisions of the high courts under the chairmanship of Chief Justice Mogoeng Mogoeng.
Correspondence was sent to the office of the chief justice on April 21, asking for an explanation on how such a decision was made and on what authority. To date, we have not received a response, hence our decision to write this open letter.
According to subsection 8(3)(b) and subsection 8(6) of the Superior Courts Act, the chief justice is not conferred with the powers that determine the language of record in South African high courts, regardless of whether or not the chief justice enjoyed the majority of support from the heads of courts as required by section 8(5) (a).
It is alarming that this alleged decision was made public in a national newspaper. However, it failed to appear in the Government Gazette, according to our research. This suggests that there was no constitutional or legislative authority enabling the chief justice to change the language of record in high courts and that such a decision can only be made by the executive, subject to Parliament’s oversight.
According to the Constitution, the state must take practical and positive measures to elevate the status and advance the use of African languages. Furthermore, all official languages must enjoy parity of esteem. These are the provisions that you, as chief justice, along with the heads of courts, must enforce and protect. In this light, we question how having English as the sole official language of record elevates the status of African languages, and reverses their historically diminished use.
The alleged decision instead elevates English to a superofficial language, contrary to constitutional provisions and, in doing so, undermines the rule of law.
The alleged decision transitions from a de facto bilingual language of record to a monolingual position. This weakens the argument for a linguistically inclusive legal system and undermines the principles of linguistic diversity and the basic right of access to courts, as protected in the Constitution. It inter alia compounds the cost for African language mother-tongue-speaking civil litigants whose trials are prolonged because of the involvement of interpreters and, possibly, translation services.
An exclusionary decision
Moreover, we question how this decision is constitutionally sound, with regards to an accused person’s language right. We firmly believe the alleged decision discriminates unfairly against accused persons on grounds of language, in terms of section 9(3) of the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act, with specific reference to the requirement to promote diversity.
We question why no public participation or meaningful engagement was undertaken regarding using English as the sole official language of record. What motivated the decision and whose interests does this serve? It is our opinion that this is not to the benefit of linguistic inclusivity and the promotion of multilingualism, but rather an exclusionary decision that hinders access to justice.
The alleged decision to remove Afrikaans (and, by implication, negate all African languages) alongside English as a language of record is conflicted in light of the dictum in the case of Ermelo (2010), where the Constitutional Court held that: “... when a learner already enjoys the benefit of being taught in an official language of choice, the state bears the negative duty not to take away or diminish the right without appropriate justification”.
The same principle applies to litigants. Therefore, on what grounds is this justifiable? Is it possibly based on the kneejerk reaction of Afrikaans being used as a tool of oppression and discrimination? If so, how do you justify retaining English, a colonial language? And if it is an oppressive status quo the honourable chief justice is trying to reverse, why not elevate the African languages to languages of record? This would be constitutional and transformative.
According to the 2011 national census, only 9.6% of the population speaks English as their mother tongue. We question whether Legal Aid SA’s language survey last year, in which statistics proved that English was not the primary spoken language in civil matters across all provinces, was considered. In fact, the primary spoken languages across the provinces for civil cases were recorded at 21% isiZulu, 20% Afrikaans and 16% isiXhosa.
Similarly in criminal cases, for litigants, English was not the primary language spoken by the majority of people in the nine provinces. The primary spoken languages in criminal matters were 24% isiZulu, 22% Afrikaans and 20% isiXhosa.
The English proficiency statistics in criminal cases illustrate that, in all provinces, litigants’ proficiency in understanding, speaking, reading and writing English is either poor or satisfactory. Were these statistics considered and, if so, how is the alleged decision justifiable against these numbers? Research has proven that multilingualism is a resource and that budgetary constraints are a red herring.
We are suggesting that the alleged decision is not transformative and transparent, in line with the values enshrined in the Constitution.
We further suggest that a process of meaningful engagement and consultation be undertaken with all relevant stakeholders before making a final recommendation to the executive.
Furthermore, it is suggested that the office of the honourable chief justice prepare a proper language management plan for the various high courts to accommodate the use of the official languages in the various regions, in compliance with constitutional prescripts. It presently suggests a misinformed top-down decision, which ignores South Africa’s multilingual reality.
Zakeera Docrat is a master’s student in African languages at Rhodes University;
Professor Russell H Kaschula chairs the Intellectualisation of African Languages, Multilingualism and Education at Rhodes University;
Cerneels JA Lourens is a director at Lourens Attorneys;
Alana Bailey is deputy chief executive of AfriForum;
Annelise de Vries is language planning coordinator at AfriForum;
Professor Monwabisi K Ralarala is director of the Fundani Language Centre at the Cape Peninsula University of Technology' (City Press, 17/09/2017).
And so, uncertainty, overall, remains. I would still consider that if no translation of the pleadings is provided by the litigant using Afrikaans, that this could be vague and embarrassing. What other rules can a party rely upon? The above decision does set out that it would be unjust to force the litigant who litigates in English to translate the other party's pleadings at their own cost, and seems to use the costs order to somewhat punish the user of Afrikaans for various means of it wasting time in the litigation. Notably, however, this decision does not take account of the diktat of the chief justice, and seems to interpret language in a completely different manner than such sets out.
Nothing said herein should be relied upon as legal advice. For such, please see your attorney, and fully appraise them of your matter in consultation with same.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Wednesday, 17 January 2018
What law firms look for in candidate attorneys seeking articles of clerkship
On a group I help to admin, where the public, attorneys, advocates, students, candidate attorneys, police, prosecutors, judges, magistrates, and pupils, all interact, I noticed a trend among some aspirant candidates, which is not helpful to them. I therefore said the following:
'Given some comments from our new influx of hope-to-be candidate attorneys, I feel a need to share this point again.
Most of you will not get articles. That is a statistical fact. Universities push out far too many law graduates for the positions available.
Your academic marks and achievements mean next to nothing to 90% of firms out there. They often only care if you passed, are humble, capable and have good English communication, spelling, and grammar, and good manners.
An employer who had sought out candidates for a job, has pointed out, on our group, something I see all the time, CVs which are out of date and show poor use of English. A lawyer is a wizard of English and of using it to benefit their client in relation to the machinery of the state (courts) and of other powers.
If you are passionate about law and want to make it your career, improve your English. But, please be aware that many employers and their employees are members of this group. People are offered and refused jobs based on things they say here. Members are already complaining about some of you by name, and praising others by name. Lawyers Rule is part of your job interview. You are already making a reputation for yourself.
This is not a student group where activism and challenging everything gets you points. This is the big pond where the big fishes swim. Be aware that you are damaging your career prospects when you are rude or wrongly disruptive. Be aware that you will face the lawyers here at court and in future cases.'
I added, in reply to one of the many comments:
'The word attorney actually comes from the Norman French word for one appointed to represent another. In early English courts, proceedings were in Norman French, and recorded in Latin. This, in a country which spoke English. Language is nothing more or less than a skill. We all do need to amend something sometimes, and do make mistakes, but that commitment to excellence in the language of litigation is important.'
At time of writing this, 99 people had liked or loved the post on the group, so I am also placing the information here.
'Given some comments from our new influx of hope-to-be candidate attorneys, I feel a need to share this point again.
Most of you will not get articles. That is a statistical fact. Universities push out far too many law graduates for the positions available.
Your academic marks and achievements mean next to nothing to 90% of firms out there. They often only care if you passed, are humble, capable and have good English communication, spelling, and grammar, and good manners.
An employer who had sought out candidates for a job, has pointed out, on our group, something I see all the time, CVs which are out of date and show poor use of English. A lawyer is a wizard of English and of using it to benefit their client in relation to the machinery of the state (courts) and of other powers.
If you are passionate about law and want to make it your career, improve your English. But, please be aware that many employers and their employees are members of this group. People are offered and refused jobs based on things they say here. Members are already complaining about some of you by name, and praising others by name. Lawyers Rule is part of your job interview. You are already making a reputation for yourself.
This is not a student group where activism and challenging everything gets you points. This is the big pond where the big fishes swim. Be aware that you are damaging your career prospects when you are rude or wrongly disruptive. Be aware that you will face the lawyers here at court and in future cases.'
I added, in reply to one of the many comments:
'The word attorney actually comes from the Norman French word for one appointed to represent another. In early English courts, proceedings were in Norman French, and recorded in Latin. This, in a country which spoke English. Language is nothing more or less than a skill. We all do need to amend something sometimes, and do make mistakes, but that commitment to excellence in the language of litigation is important.'
At time of writing this, 99 people had liked or loved the post on the group, so I am also placing the information here.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 17 December 2017
How to survive, as an attorney
Lawyers, who survive the profession, mostly, are cautious financially, and build what they have up over time. A lot of lawyers are broke or financially distressed, some have to close up shop, despite early successes. Those who survive are careful which matters they take, and who they permit to be their client. It is a difficult career to succeed in, and many don't.
Those who do succeed have good and bad times, as the economy rises and falls. They learn to save for bad months, and not overspend on good ones.
They take deposits, and measure how much spending and work they do for a matter before paid for work already done, and don't keep working without regular payments towards what is owed, or to be owed.
Those who do succeed have good and bad times, as the economy rises and falls. They learn to save for bad months, and not overspend on good ones.
They take deposits, and measure how much spending and work they do for a matter before paid for work already done, and don't keep working without regular payments towards what is owed, or to be owed.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 5 November 2017
Have a safe and sound Guy Fawkes Day with your pets and family.
Have a safe and sound Guy Fawkes Day with your pets and family.
On 5 November, 1605, a Mr Guy or Guido Fawkes, the son of Edward and Edith Fawkes, was apprehended, below the House of Lords, in Great Britain, with barrels of gun powder, which authorities believed he, and other plotting plotters, intended to set off.
This foiled plot prompted the authorities to issue a request for the people to light bonfires, with due mind to safety precautions, to celebrate the monarch's near escape.
Guy, then a mere 35 years of age, was hung, drawn and quartered on 31 January, 1606, at Westminster, on charges of high treason. He died of a broken neck.
Guy, in modern times has become a symbol of anti-authoritarianism, rebellion , and of anarchist causes, but, traditionally, today was designated a day to celebrate the survival of the British monarch.
For most, however, today celebrates the pride of Prometheus, best encapsulated in the words: 'man make fire', and, in more modern times, 'man make firecracker go boom.'
Happy Guy Fawkes.
On 5 November, 1605, a Mr Guy or Guido Fawkes, the son of Edward and Edith Fawkes, was apprehended, below the House of Lords, in Great Britain, with barrels of gun powder, which authorities believed he, and other plotting plotters, intended to set off.
This foiled plot prompted the authorities to issue a request for the people to light bonfires, with due mind to safety precautions, to celebrate the monarch's near escape.
Guy, then a mere 35 years of age, was hung, drawn and quartered on 31 January, 1606, at Westminster, on charges of high treason. He died of a broken neck.
Guy, in modern times has become a symbol of anti-authoritarianism, rebellion , and of anarchist causes, but, traditionally, today was designated a day to celebrate the survival of the British monarch.
For most, however, today celebrates the pride of Prometheus, best encapsulated in the words: 'man make fire', and, in more modern times, 'man make firecracker go boom.'
Happy Guy Fawkes.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Monday, 23 October 2017
Inappropriate and illegal payments and fees
I have been asked to write on a few illegal fee arrangements and setups which seem to be proliferating as of late.
The first is the creation of a retainer agreement. An attorney, in such an unethical scenario, is either paid a monthly retainer or a retainer at the beginning of the matter. The retainer is generally non-refundable and not based on services rendered. This is illegal. Blaikie-Johnstone v D Nell Developments (Pty) Ltd 1978 (4) SA 883 (N) is a key case as regards what an attorney can and cannot charge a client. It set out that an attorney may not charge by an arbitrary manner, such as on commission, but instead must charge based upon the basis of services rendered. The Contingency Fee Act has altered the common law slightly, allowing an attorney to charge either 25% of the total awarded or 100% in excess of their normal fee, whichever is the lesser, exclusive of costs. Note, that in contingency fee matters, a full record of work done is required, as it is either 25% or 100% more than the usual fee, whichever is the lesser, which may be charged.
It is improper to advertise your fees openly, such as on your website, as this borders on, or is an attempt to compare yourself with other practitioners. The norm is for a client to request what fees may be and to be informed of these.
There are two types of consideration, other than for costs incurred, that an attorney generally incurs.
Those where a tariff may apply, such as for civil litigation in the magistrates', regional and higher courts. In this case, an attorney may agree with their client to charge in addition to tariff. Mostly attorneys and clients do.
The second is where no tariff applies. Examples include appearances in the criminal justice system, general legal work, drafting of wills and contracts, appearances and preparation for appearances before other bodies and tribunals. This is usually done at a fee which is agreed.
Per Amlers on Attorneys, and Mort NO v Chiat [2000] 2 All SA 515 (C), the relationship between an attorney and client is one, the basis for which is mandate. This makes sense, as the very word attorney comes from the Norman French word for one who is appointed. In fact, while, in South Africa, locally, the word 'attorney' is defined to mean a legal practitioner in terms of the Attorneys Act, outside of our borders, an agent may be referred to as an 'attorney at fact', while a legal practitioner would be called an 'attorney at law'.
Per Amlers, yet again, and per Incorporated Law Society, Transvaal v Meyer [1981] 4 All SA 350 (T) an attorney has a fiduciary duty towards their client. Barlow Rand Ltd t/a Barlow Noordelike Masjinerie Maatskappy v Lebos 1985 (4) SA 341 (T) (also noted by Amlers), notes that an attorney further has a duty of care towards their client, their opponent, the court, and third parties. In fact, an attorney is expected to act honestly and with high integrity and trustworthiness in all their dealings.
For the purposes of this discussion, what is called a retainer in relation to advocates, a sum paid to one to not oppose one in any matters during the period covered, is not looked into. The new Legal Practice Act also seemingly allows for this.
Now, I have a consideration for you. If you are charging fees you are not allowed to charge, such as in terms of a monthly or initial non-refundable retainer agreement, and you state to your client that these fees are due, are you not perhaps doing further things, such as possibly committing an act of fraud? In fact, there have been many criminal law cases against attorneys for various infractions which are also covered by legal ethics. What is more, retainer agreements might also constitute touting, as it incentivises a client to only use that attorney's services.
Where an attorney has not been paid, they have a common law right of lien over documents in matters they have dealt with for a client. Any document an attorney may charge a fee as regards, not merely those they themselves have prepared, may be held under lien. This is according to Botha v EM Mchunu.
A conveyancer should only charge significantly above or below tariff with permission of the law society.
Trust money is money an attorney takes purely for the mandate the client has given, and may be spent only for that.
'When trust money is handed to a firm it is the duty of the firm to keep it in its possession and to use it for no other purpose than that of the trusted. It is inherent in such a trust that the firm should at all times have available liquid funds in an equivalent amount. The very essence of a trust is the absence of risk. It is imperative that trust money in the possession of an attorney should be available to his or her client the instant it becomes payable. Trust money is generally payable before and not after demand.8
The Attorneys Act places an unqualified obligation on every practising attorney to keep a separate trust account and to keep all trust moneys in it until payment out of it to persons entitled to it, so that there are at all times sufficient funds in that account to fully cover all trust obligations.9 In a partnership (or professional company) all the partners are responsible for keeping proper books of account.10 An attorney's alleged ignorance of the provisions of the Attorneys Act indicates that he or she is unfit to practise as an attorney.11
[ ... ]
8 Law Society, Tvl v Matthews 1989 4 SA 389 (T); Incorporated Law Society, Tvl v Visse (1)
1958 4 SA 115 (T).
9 Attorneys Act 53 of 1979s 78(1).
10 Rheeder v Ingelyfde Wetsgenootskap van die OVS 1972 3 SA 502 (A); Incorporated Law Society, Tvl v W 1962 4 SA 559 (T). See also Incorporated Law Society, Tvl v K 1959 2 SA 386 (T); and Smith v Price 1988 1 SA 53 (W) in which it was held that an attorney with whom money had been deposited by a client pending the registration of immovable property into such client's name and who had undertaken to invest the same in an interestbearing account for the benefit of the purchaser, could not excuse his failure to invest such moneys by justifying this omission on the grounds of the provisions of r 77 published under the Attorneys Act 53 of 1979s 74.
11 Natal Law Society v Vawda 1998 1 All SA 356 (N).'
(LAWSA Volume 14(2) 2nd edition, para 205)
There are in fact many criminal law cases involving incorrect handling of trust money, and the courts find it rather serious. You will be given a harsher sentence than a layman if you commit trust account fraud, for the same amount as they defrauded someone.
The law society sent out a recent warning to practitioners:
On 18 October 2017, in a notice to members signed by M J S Grobler, the director of the said law society, the Law Society of the Northern Provinces stated:
'2. PAYING ESTATES AGENTS’ COMMISSION IN ADVANCE
It has come to the attention of the Council that in some instances, members who act in conveyancing transactions, whether as the conveyancer or as a referring attorney, are advancing commission to Estate Agents in circumstances where all suspensive conditions have not been fulfilled and the transfer process has not yet been finalised.
Members are reminded that it is unprofessional conduct for them to advance commission to Estate Agents prior to the finalisation of the transfer process and members who do this will be subject to disciplinary action.'
Note that there are two instances, and not merely one, noted, where it is inappropriate to pay out the conveyancing funds, per the notice: 1) when all suspensive conditions have not been fulfilled and 2) when the transfer process has not yet been finalised.
The first is the creation of a retainer agreement. An attorney, in such an unethical scenario, is either paid a monthly retainer or a retainer at the beginning of the matter. The retainer is generally non-refundable and not based on services rendered. This is illegal. Blaikie-Johnstone v D Nell Developments (Pty) Ltd 1978 (4) SA 883 (N) is a key case as regards what an attorney can and cannot charge a client. It set out that an attorney may not charge by an arbitrary manner, such as on commission, but instead must charge based upon the basis of services rendered. The Contingency Fee Act has altered the common law slightly, allowing an attorney to charge either 25% of the total awarded or 100% in excess of their normal fee, whichever is the lesser, exclusive of costs. Note, that in contingency fee matters, a full record of work done is required, as it is either 25% or 100% more than the usual fee, whichever is the lesser, which may be charged.
It is improper to advertise your fees openly, such as on your website, as this borders on, or is an attempt to compare yourself with other practitioners. The norm is for a client to request what fees may be and to be informed of these.
There are two types of consideration, other than for costs incurred, that an attorney generally incurs.
Those where a tariff may apply, such as for civil litigation in the magistrates', regional and higher courts. In this case, an attorney may agree with their client to charge in addition to tariff. Mostly attorneys and clients do.
The second is where no tariff applies. Examples include appearances in the criminal justice system, general legal work, drafting of wills and contracts, appearances and preparation for appearances before other bodies and tribunals. This is usually done at a fee which is agreed.
Per Amlers on Attorneys, and Mort NO v Chiat [2000] 2 All SA 515 (C), the relationship between an attorney and client is one, the basis for which is mandate. This makes sense, as the very word attorney comes from the Norman French word for one who is appointed. In fact, while, in South Africa, locally, the word 'attorney' is defined to mean a legal practitioner in terms of the Attorneys Act, outside of our borders, an agent may be referred to as an 'attorney at fact', while a legal practitioner would be called an 'attorney at law'.
Per Amlers, yet again, and per Incorporated Law Society, Transvaal v Meyer [1981] 4 All SA 350 (T) an attorney has a fiduciary duty towards their client. Barlow Rand Ltd t/a Barlow Noordelike Masjinerie Maatskappy v Lebos 1985 (4) SA 341 (T) (also noted by Amlers), notes that an attorney further has a duty of care towards their client, their opponent, the court, and third parties. In fact, an attorney is expected to act honestly and with high integrity and trustworthiness in all their dealings.
For the purposes of this discussion, what is called a retainer in relation to advocates, a sum paid to one to not oppose one in any matters during the period covered, is not looked into. The new Legal Practice Act also seemingly allows for this.
Now, I have a consideration for you. If you are charging fees you are not allowed to charge, such as in terms of a monthly or initial non-refundable retainer agreement, and you state to your client that these fees are due, are you not perhaps doing further things, such as possibly committing an act of fraud? In fact, there have been many criminal law cases against attorneys for various infractions which are also covered by legal ethics. What is more, retainer agreements might also constitute touting, as it incentivises a client to only use that attorney's services.
Where an attorney has not been paid, they have a common law right of lien over documents in matters they have dealt with for a client. Any document an attorney may charge a fee as regards, not merely those they themselves have prepared, may be held under lien. This is according to Botha v EM Mchunu.
A conveyancer should only charge significantly above or below tariff with permission of the law society.
Trust money is money an attorney takes purely for the mandate the client has given, and may be spent only for that.
'When trust money is handed to a firm it is the duty of the firm to keep it in its possession and to use it for no other purpose than that of the trusted. It is inherent in such a trust that the firm should at all times have available liquid funds in an equivalent amount. The very essence of a trust is the absence of risk. It is imperative that trust money in the possession of an attorney should be available to his or her client the instant it becomes payable. Trust money is generally payable before and not after demand.8
The Attorneys Act places an unqualified obligation on every practising attorney to keep a separate trust account and to keep all trust moneys in it until payment out of it to persons entitled to it, so that there are at all times sufficient funds in that account to fully cover all trust obligations.9 In a partnership (or professional company) all the partners are responsible for keeping proper books of account.10 An attorney's alleged ignorance of the provisions of the Attorneys Act indicates that he or she is unfit to practise as an attorney.11
[ ... ]
8 Law Society, Tvl v Matthews 1989 4 SA 389 (T); Incorporated Law Society, Tvl v Visse (1)
1958 4 SA 115 (T).
9 Attorneys Act 53 of 1979s 78(1).
10 Rheeder v Ingelyfde Wetsgenootskap van die OVS 1972 3 SA 502 (A); Incorporated Law Society, Tvl v W 1962 4 SA 559 (T). See also Incorporated Law Society, Tvl v K 1959 2 SA 386 (T); and Smith v Price 1988 1 SA 53 (W) in which it was held that an attorney with whom money had been deposited by a client pending the registration of immovable property into such client's name and who had undertaken to invest the same in an interestbearing account for the benefit of the purchaser, could not excuse his failure to invest such moneys by justifying this omission on the grounds of the provisions of r 77 published under the Attorneys Act 53 of 1979s 74.
11 Natal Law Society v Vawda 1998 1 All SA 356 (N).'
(LAWSA Volume 14(2) 2nd edition, para 205)
There are in fact many criminal law cases involving incorrect handling of trust money, and the courts find it rather serious. You will be given a harsher sentence than a layman if you commit trust account fraud, for the same amount as they defrauded someone.
The law society sent out a recent warning to practitioners:
On 18 October 2017, in a notice to members signed by M J S Grobler, the director of the said law society, the Law Society of the Northern Provinces stated:
'2. PAYING ESTATES AGENTS’ COMMISSION IN ADVANCE
It has come to the attention of the Council that in some instances, members who act in conveyancing transactions, whether as the conveyancer or as a referring attorney, are advancing commission to Estate Agents in circumstances where all suspensive conditions have not been fulfilled and the transfer process has not yet been finalised.
Members are reminded that it is unprofessional conduct for them to advance commission to Estate Agents prior to the finalisation of the transfer process and members who do this will be subject to disciplinary action.'
Note that there are two instances, and not merely one, noted, where it is inappropriate to pay out the conveyancing funds, per the notice: 1) when all suspensive conditions have not been fulfilled and 2) when the transfer process has not yet been finalised.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Friday, 22 September 2017
The powers of a candidate attorney - can they represent clients in court?
The powers of a candidate attorney - can they represent clients in court?
If a candidate attorney has been granted their right of appearance for magistrates' courts, they may represent you in a magistrate's court on their attorney's behalf and on their attorney's instructions. They do have to work under the direct supervision of the attorney, and figuratively 'in their office'.
They can of course make some decisions on their own at court, where needed. This is often the case, as attorneys will, often enough, send their candidate attorneys, in their place, to court. A candidate attorney who has been one for long enough, or who has fulfilled some other requirements, may also represent a client in regional court, upon being granted a right to do so.
Articles of clerkship is a fixed term contract. While a candidate attorney is undergoing it, they can incarnate some of their principal's powers, acting as the attorney's tool and agent. For instance, I drafted wills, for my principal, and as checked and presented to clients by her, as a candidate attorney, as one of my many duties, back in the day.
The attorney is responsible for the actions of the candidate attorney, and in charge of them.
After they have finished their contract of articles or service, a candidate attorney ceases to be empowered to do the functions of an attorney until they are admitted as an attorney, at court, or for some reason engage in another contract of articles or service.
Nothing herein should be relied upon as legal advice. For that, please thoroughly brief your attorney, at a consultation, for such.
If a candidate attorney has been granted their right of appearance for magistrates' courts, they may represent you in a magistrate's court on their attorney's behalf and on their attorney's instructions. They do have to work under the direct supervision of the attorney, and figuratively 'in their office'.
They can of course make some decisions on their own at court, where needed. This is often the case, as attorneys will, often enough, send their candidate attorneys, in their place, to court. A candidate attorney who has been one for long enough, or who has fulfilled some other requirements, may also represent a client in regional court, upon being granted a right to do so.
Articles of clerkship is a fixed term contract. While a candidate attorney is undergoing it, they can incarnate some of their principal's powers, acting as the attorney's tool and agent. For instance, I drafted wills, for my principal, and as checked and presented to clients by her, as a candidate attorney, as one of my many duties, back in the day.
The attorney is responsible for the actions of the candidate attorney, and in charge of them.
After they have finished their contract of articles or service, a candidate attorney ceases to be empowered to do the functions of an attorney until they are admitted as an attorney, at court, or for some reason engage in another contract of articles or service.
Nothing herein should be relied upon as legal advice. For that, please thoroughly brief your attorney, at a consultation, for such.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
The difference between a lawyer, an attorney and a candidate attorney
A lawyer is anyone who does law for a living, from paralegals, to judges, to attorneys, to candidate attorneys, to advocates.
A candidate attorney is someone who has (generally) completed their LLB degree and who has engaged in a mandatory internship, known as articles of clerkship/contract of service, under the mentorship of an attorney. During this time, or after a practical legal training course, a candidate attorney is allowed to write the four board exams.
Once they have completed their 1-2-5 years of internship, depending on the type of articles they did, and once they have passed their fit and proper, and their board exams, a candidate attorney may apply to court to be admitted as an attorney.
Attorneys are allowed to give the general public legal advice, and to represent them in courts of law, to draft wills and contracts for them, etc.
A candidate attorney is someone who has (generally) completed their LLB degree and who has engaged in a mandatory internship, known as articles of clerkship/contract of service, under the mentorship of an attorney. During this time, or after a practical legal training course, a candidate attorney is allowed to write the four board exams.
Once they have completed their 1-2-5 years of internship, depending on the type of articles they did, and once they have passed their fit and proper, and their board exams, a candidate attorney may apply to court to be admitted as an attorney.
Attorneys are allowed to give the general public legal advice, and to represent them in courts of law, to draft wills and contracts for them, etc.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Thursday, 21 September 2017
An attorney asks what processes need to be followed for a client to change their surname.
Question: An attorney asks what processes need to be followed for a client to change their surname. They state that Home Affairs has told their client that they will need to make an application to court to do so.
My answer:
S 26(2) of the BIRTHS AND DEATHS REGISTRATION ACT NO. 51 OF 1992 states that: 'At the request of any person, in the prescribed manner, the Director-General may, if he or she is satisfied that there is a good and sufficient reason as may be prescribed for that person’s assumption of another surname, authorize the person to assume a surname other than his or her surname as included in the population register, and the Director-General shall include the substitutive surname in the population register in the prescribed manner.'
S27 of the same act, adds: 'Publishing of alterations and amplifications of forenames and surnames.—(1) In the case of an alteration or amplification of forename or surname mentioned in sections 23, 24 (1) and 26 (2), the Director-General shall as soon as possible after such alteration or amplification has been authorized, cause any such alteration or amplification which relates to a person of age, to be published in the prescribed manner by notice in the Gazette.
(2) Subsection (1) shall not apply where the alteration was authorized in the prescribed manner under a witness protection plan.'
The applicable regulations framework governing what good and sufficient reason is, is GNR.128 of 26 February 2014: Regulations on the Registration of Births and Deaths, 2014 (Government Gazette No. 37373) which states, in regulation 18, re: Assumption of another surname:
'Assumption of another surname.—(1) An application for assumption of another surname referred to in section 26 of the Act by a person of age must be made on Form DHA-462 or DHA-196 illustrated in Annexure 10 and Annexure 11, as the case may be.
(2) The reasons referred to in section 26 (2) of the Act must relate to—
(a)
a change in the marital status of a woman;
(b)
assumption by a person of his or her biological father’s surname, where the father has recently acknowledged paternity in terms of regulation 13 or 14; or
(c)
protection of a person in terms of the Witness Protection Act, 1998 (Act No. 112 of 1998).
(3) An application contemplated in subregulation (1) must be accompanied by—
(a)
a certified copy of the identity document or birth certificate of the applicant;
(b)
a certified copy of the identity document or valid passport of the biological mother or father or both parents of the child, as the case may be;
(c)
where applicable, a certified copy of the marriage certificate of the parents;
(d)
where applicable, a certified copy of the death certificate of any deceased parent;
(e)
where applicable, a letter issued by the Director: Witness Protection; and
( f )
proof of payment of the applicable fee.
(4) Upon approval of an application contemplated in subregulation (1), any alteration of a forename, surname or assumption of another surname made in terms of section 24, 25 or 26 of the Act must be made—
(a)
by entering the altered forename or surname or assumed surname of the minor in the birth register; and
(b)
if the particulars of the person have been included in the national population register, by including the altered forename, surname or assumed surname in the national population register,
without erasing the previous forename, surname or assumed surname.
(5) The assumption of another surname contemplated in subregulation (2) (a), (b) or (d) shall not have the effect of changing a person’s identity number.'
The current prescribed fee is set out in GNR.1123 of 28 December 2012: Notice of fees payable (Government Gazette No. 36054), as 'R325-00' for 'An application by a major to assume a different surname: Provided that, should the applicant be lawfully married, the fee shall include the application of his or her spouse, as well as those of any minor, or if the applicant is divorced, a widow or a widower, the fee shall also include the application of his or her minor, if any.'
The forms to do the application are available at Home affairs. Any other reason would likely require an application to the High Court, setting out that something outside of the regulations is in fact good and sufficient cause for the purposes of the Act, despite what the regulations currently state, as the form, which I have a copy of, specifically allows a checkbox to be filled out of any of the above reasons, and only those reasons.
Nothing in this article should be relied upon as legal advice in any way or form. For that, kindly make an appointment with your attorney, and properly brief them as to all your facts and the nuances of your matter.
My answer:
S 26(2) of the BIRTHS AND DEATHS REGISTRATION ACT NO. 51 OF 1992 states that: 'At the request of any person, in the prescribed manner, the Director-General may, if he or she is satisfied that there is a good and sufficient reason as may be prescribed for that person’s assumption of another surname, authorize the person to assume a surname other than his or her surname as included in the population register, and the Director-General shall include the substitutive surname in the population register in the prescribed manner.'
S27 of the same act, adds: 'Publishing of alterations and amplifications of forenames and surnames.—(1) In the case of an alteration or amplification of forename or surname mentioned in sections 23, 24 (1) and 26 (2), the Director-General shall as soon as possible after such alteration or amplification has been authorized, cause any such alteration or amplification which relates to a person of age, to be published in the prescribed manner by notice in the Gazette.
(2) Subsection (1) shall not apply where the alteration was authorized in the prescribed manner under a witness protection plan.'
The applicable regulations framework governing what good and sufficient reason is, is GNR.128 of 26 February 2014: Regulations on the Registration of Births and Deaths, 2014 (Government Gazette No. 37373) which states, in regulation 18, re: Assumption of another surname:
'Assumption of another surname.—(1) An application for assumption of another surname referred to in section 26 of the Act by a person of age must be made on Form DHA-462 or DHA-196 illustrated in Annexure 10 and Annexure 11, as the case may be.
(2) The reasons referred to in section 26 (2) of the Act must relate to—
(a)
a change in the marital status of a woman;
(b)
assumption by a person of his or her biological father’s surname, where the father has recently acknowledged paternity in terms of regulation 13 or 14; or
(c)
protection of a person in terms of the Witness Protection Act, 1998 (Act No. 112 of 1998).
(3) An application contemplated in subregulation (1) must be accompanied by—
(a)
a certified copy of the identity document or birth certificate of the applicant;
(b)
a certified copy of the identity document or valid passport of the biological mother or father or both parents of the child, as the case may be;
(c)
where applicable, a certified copy of the marriage certificate of the parents;
(d)
where applicable, a certified copy of the death certificate of any deceased parent;
(e)
where applicable, a letter issued by the Director: Witness Protection; and
( f )
proof of payment of the applicable fee.
(4) Upon approval of an application contemplated in subregulation (1), any alteration of a forename, surname or assumption of another surname made in terms of section 24, 25 or 26 of the Act must be made—
(a)
by entering the altered forename or surname or assumed surname of the minor in the birth register; and
(b)
if the particulars of the person have been included in the national population register, by including the altered forename, surname or assumed surname in the national population register,
without erasing the previous forename, surname or assumed surname.
(5) The assumption of another surname contemplated in subregulation (2) (a), (b) or (d) shall not have the effect of changing a person’s identity number.'
The current prescribed fee is set out in GNR.1123 of 28 December 2012: Notice of fees payable (Government Gazette No. 36054), as 'R325-00' for 'An application by a major to assume a different surname: Provided that, should the applicant be lawfully married, the fee shall include the application of his or her spouse, as well as those of any minor, or if the applicant is divorced, a widow or a widower, the fee shall also include the application of his or her minor, if any.'
The forms to do the application are available at Home affairs. Any other reason would likely require an application to the High Court, setting out that something outside of the regulations is in fact good and sufficient cause for the purposes of the Act, despite what the regulations currently state, as the form, which I have a copy of, specifically allows a checkbox to be filled out of any of the above reasons, and only those reasons.
Nothing in this article should be relied upon as legal advice in any way or form. For that, kindly make an appointment with your attorney, and properly brief them as to all your facts and the nuances of your matter.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Thursday, 14 September 2017
What is the difference between an attorney and an advocate, and which profession is it better to join?
Question: Is it wiser to become an attorney or an advocate?
My answer:
An advocate is a court and procedural specialist. Very few people succeed at being advocates, as they rely on attorneys to brief them. I suspect this will remain so under the new Act, despite the allowance of some advocates to then be briefed directly.
An advocate must litigate to survive.
As an attorney, I prefer to settle matters outside of court, and can make money drafting things like contracts. I deal directly with the public and set about solving their various problems, and disputes, and advising them of their rights and remedies in terms of the law, and assisting them as regards such.
If you have any conflict between the two, become an attorney. That said, even that is a very difficult route. It doesn't involve a year without money, which new advocates must endure, if they become pupils. However, it is take no prisoners, candidate attorneys often earn a pittance, and many entry level legal jobs pay slaves' wages, and overwork the associates involved.
Success can be found in both the bar and the attorney's profession, but you will fight for your dinner every night.
I could not see myself doing anything else, but unless you have the killer instinct and the ability to harm in a lawful and self controlled manner, don't become either. Rather then be a legal advisor or countless other jobs.
Question: What is the difference between an attorney and an advocate?
My answer:
An attorney is a general practitioner of the law, who interacts with and is briefed by the public. They do everything from giving general legal advice, to the drafting of wills and contracts.
Most matters an attorney deals with never make it to court. We are like your doctor, who you see when you are ill. An advocate is a trial specialist. They specifically specialise in the procedure and process of court.
Many advocates even draft court notices for their attorneys, and in the case of High Court, appear for their attorneys, and co-sign the pleadings, unless an attorney has Right of Appearance in the High Court.
An advocate is briefed by an attorney, and the attorney deals with all the privileges of being someone dealing with the general public.
In terms of the new Legal Practice Act, an advocate will be able to be briefed directly by the public if they set up a trust account and follow those sorts of requirements. However, most advocates are unlikely to do so, because attorneys are less likely to use them at court, if they are competing with them.
My answer:
An advocate is a court and procedural specialist. Very few people succeed at being advocates, as they rely on attorneys to brief them. I suspect this will remain so under the new Act, despite the allowance of some advocates to then be briefed directly.
An advocate must litigate to survive.
As an attorney, I prefer to settle matters outside of court, and can make money drafting things like contracts. I deal directly with the public and set about solving their various problems, and disputes, and advising them of their rights and remedies in terms of the law, and assisting them as regards such.
If you have any conflict between the two, become an attorney. That said, even that is a very difficult route. It doesn't involve a year without money, which new advocates must endure, if they become pupils. However, it is take no prisoners, candidate attorneys often earn a pittance, and many entry level legal jobs pay slaves' wages, and overwork the associates involved.
Success can be found in both the bar and the attorney's profession, but you will fight for your dinner every night.
I could not see myself doing anything else, but unless you have the killer instinct and the ability to harm in a lawful and self controlled manner, don't become either. Rather then be a legal advisor or countless other jobs.
Question: What is the difference between an attorney and an advocate?
My answer:
An attorney is a general practitioner of the law, who interacts with and is briefed by the public. They do everything from giving general legal advice, to the drafting of wills and contracts.
Most matters an attorney deals with never make it to court. We are like your doctor, who you see when you are ill. An advocate is a trial specialist. They specifically specialise in the procedure and process of court.
Many advocates even draft court notices for their attorneys, and in the case of High Court, appear for their attorneys, and co-sign the pleadings, unless an attorney has Right of Appearance in the High Court.
An advocate is briefed by an attorney, and the attorney deals with all the privileges of being someone dealing with the general public.
In terms of the new Legal Practice Act, an advocate will be able to be briefed directly by the public if they set up a trust account and follow those sorts of requirements. However, most advocates are unlikely to do so, because attorneys are less likely to use them at court, if they are competing with them.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
How to become an Advocate in South Africa
I was asked how someone joins the sister profession of my own (I — being an attorney, not an advocate). Specifically, I was asked how a person may join the advocacy. This is my response as to the process, as I understand it to be.
To become an advocate, you need only be a citizen of good standing with an LLB equivalent degree.
Specifically, a citizen or lawfully-admitted, ordinarily-resident permanent-resident of the Republic, over the age of 21, duly qualified, such as via an accredited LLB equivalent degree, and if an attorney, your name should have been removed from the requisite roll of your own volition.
You are then admitted at court, as an Advocate of the High Court.
To become a member of the bar, is more complex.
You must apply and be accepted for Pupillage. You should be an advocate first, to do so.
You must pass your interview with the Pupillage Committee.
You then may commerce pupillage, a year of largely unpaid and monetarily unsupported work and study. In Johannesburg, lectures are provided for candidates.
After pupillage is completed, and the Bar Exam passed, an advocate then joins the local Bar, a member of the General Council of the Bar, and in Johannesburg, the Johannesburg Society of Advocates' Johannesburg Bar.
The Society the advocate joins will then attempt to place the advocate in a local group of advocates.
Et voila.
To become an advocate, you need only be a citizen of good standing with an LLB equivalent degree.
Specifically, a citizen or lawfully-admitted, ordinarily-resident permanent-resident of the Republic, over the age of 21, duly qualified, such as via an accredited LLB equivalent degree, and if an attorney, your name should have been removed from the requisite roll of your own volition.
You are then admitted at court, as an Advocate of the High Court.
To become a member of the bar, is more complex.
You must apply and be accepted for Pupillage. You should be an advocate first, to do so.
You must pass your interview with the Pupillage Committee.
You then may commerce pupillage, a year of largely unpaid and monetarily unsupported work and study. In Johannesburg, lectures are provided for candidates.
After pupillage is completed, and the Bar Exam passed, an advocate then joins the local Bar, a member of the General Council of the Bar, and in Johannesburg, the Johannesburg Society of Advocates' Johannesburg Bar.
The Society the advocate joins will then attempt to place the advocate in a local group of advocates.
Et voila.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Wednesday, 13 September 2017
Someone asked if men or women are better lawyers. This is my response, as a lawyer.
Someone asked if men or women are better lawyers. This is my response, as a lawyer.
The best thing I could have done is learn computer programming. Law requires the best of a man and the best of what women are able to do, also. Intuition and the nitty gritty are learnt. Male and female practitioners do start out from different perspectives, but if they survive practice, they essentially become lawyers. The men become intuitive, the women become process oriented. Much like computer programing, you need to learn how to swim after falling into an ocean. I have learnt a lot from all the men and women I have worked for as a lawyer. What I learnt from the men was quite different from what I learnt from the women. We are different but equal, demographically, anyway. If you want to be a good lawyer, you really have to humble yourself and learn from the opposite sex rather than compete with them. For instance, inside I am an introvert, and cases are what fascinate me. I have learnt from the women that I have worked for, that people are incredibly important, in law. Not just legal principles.
The best thing I could have done is learn computer programming. Law requires the best of a man and the best of what women are able to do, also. Intuition and the nitty gritty are learnt. Male and female practitioners do start out from different perspectives, but if they survive practice, they essentially become lawyers. The men become intuitive, the women become process oriented. Much like computer programing, you need to learn how to swim after falling into an ocean. I have learnt a lot from all the men and women I have worked for as a lawyer. What I learnt from the men was quite different from what I learnt from the women. We are different but equal, demographically, anyway. If you want to be a good lawyer, you really have to humble yourself and learn from the opposite sex rather than compete with them. For instance, inside I am an introvert, and cases are what fascinate me. I have learnt from the women that I have worked for, that people are incredibly important, in law. Not just legal principles.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 10 September 2017
Can Huur Gaat Voor Koop be contracted out of?
Question: can Huur Gaat Voor Koop be contracted out of and ordinary eviction processes thus not followed?
My Answer:
Huur Gaat Voor Koop is a real right of the lessee, not a contractual or personal right.
Where a sale of property has occurred, by means of registration of the property in the new owner's name, at the requisite territorial Deeds office, the lease has been transferred to the new owners of the property. If they want to evict, they have to follow the normal processes to do so. The same lease as was had with the old owner is had with the new owner. Neither the tenant nor the landlord can elect whether to uphold it. Rent is due to the new owner and use and enjoyment to the tenant, assuming in a short lease, there has been occupation of the property, and in a long lease, it has been registered.
The question dealt with a matter where the new owner then purported to make an oral agreement of lease with the tenant, already in occupation of the property. Oral and even tacit agreements of lease are valid in South African law. However, if the old lease set out a non-variation clause, it needs to be complied with, as the material terms of the lease between the old owner and tenant are now applicable to the new owner and tenant.
Huur Gaat Voor Koop applies automatically in terms of law. The lease is between tenant and owner for the use and enjoyment of the property. If the owner changes, the new owner becomes the lessor. Huur Gaat Voor Koop means that the contract of lease is between the owner, whoever the owner is, and the lessee. It is a concept that the new owner steps into the shoes of the old owner. It is a basic concept of law and to my knowledge cannot be contracted out of. The same lease as was had with the old owner is had with the new owner. Neither the tenant nor the landlord can elect whether to uphold it. Rent is due to the new owner and use and enjoyment to the tenant, assuming in a short lease, there has been occupation of the property, and in a long lease, it has been registered. There is of course, the decision of the court that an option to purchase of the lessee's, in the contract of lease, is not material to the lease itself, and thus does not transfer to the new owner. Generally speaking, there is however merely a stepping into the shoes of, at work.
In an example given in the actual question, a contract allows for a landlord to give a short notice to the tenant, to cancel the lease and evict them upon sale of the property by the landlord. For me that creates a problem of a term of the contract being variable and at the sole discretion of the party it benefits. I think it unlikely that term will be deemed valid. This is different from normal notice periods in hybrid leases.
If the person asking were evicting the tenant, firstly they should make sure they are representing the current registered owner. Secondly, they should not rely on such a clause. The clause is likely contra bonos mores, and void for vagueness, as essentially, a term of the contract is determined solely by one of the parties at a later stage. The lease purports to be a fixed term lease, but is contingent on an event entirely in the landlord's discretion, seemingly aimed at negating the tenant's real rights in relation to the property. This is not the equivalent of ordinary notice periods in a contract, but rather affects a material term, via vagueness. The landlord needs to follow the standard process of eviction. They shouldn't rely on that term, as it may be deemed unenforceable at law. In the case of a residential lease, the Consumer Protection Act, and Rental Housing Act will also play a role, as well as provisions such as those in the Prevention of Illegal Eviction of Unlawful Occupiers Act, and possibly the remedy for Spoliation.
An attorney dealing with such a matter would need to look into the ordinary notices the landlord would need to give and what normal time periods apply. A good start would be to check the copies of Amlers and Butterworths at their law firm. Before proceeding in such a matter it can be advisable to look at the titles for eviction, lease, vindication and the Actio ad exhibendum, in Amlers, along with its title on Spoliation.
Nothing in this post should be relied upon as legal advice. For that, kindly make an appointment with an attorney and brief them fully of your matter.
My Answer:
Huur Gaat Voor Koop is a real right of the lessee, not a contractual or personal right.
Where a sale of property has occurred, by means of registration of the property in the new owner's name, at the requisite territorial Deeds office, the lease has been transferred to the new owners of the property. If they want to evict, they have to follow the normal processes to do so. The same lease as was had with the old owner is had with the new owner. Neither the tenant nor the landlord can elect whether to uphold it. Rent is due to the new owner and use and enjoyment to the tenant, assuming in a short lease, there has been occupation of the property, and in a long lease, it has been registered.
The question dealt with a matter where the new owner then purported to make an oral agreement of lease with the tenant, already in occupation of the property. Oral and even tacit agreements of lease are valid in South African law. However, if the old lease set out a non-variation clause, it needs to be complied with, as the material terms of the lease between the old owner and tenant are now applicable to the new owner and tenant.
Huur Gaat Voor Koop applies automatically in terms of law. The lease is between tenant and owner for the use and enjoyment of the property. If the owner changes, the new owner becomes the lessor. Huur Gaat Voor Koop means that the contract of lease is between the owner, whoever the owner is, and the lessee. It is a concept that the new owner steps into the shoes of the old owner. It is a basic concept of law and to my knowledge cannot be contracted out of. The same lease as was had with the old owner is had with the new owner. Neither the tenant nor the landlord can elect whether to uphold it. Rent is due to the new owner and use and enjoyment to the tenant, assuming in a short lease, there has been occupation of the property, and in a long lease, it has been registered. There is of course, the decision of the court that an option to purchase of the lessee's, in the contract of lease, is not material to the lease itself, and thus does not transfer to the new owner. Generally speaking, there is however merely a stepping into the shoes of, at work.
In an example given in the actual question, a contract allows for a landlord to give a short notice to the tenant, to cancel the lease and evict them upon sale of the property by the landlord. For me that creates a problem of a term of the contract being variable and at the sole discretion of the party it benefits. I think it unlikely that term will be deemed valid. This is different from normal notice periods in hybrid leases.
If the person asking were evicting the tenant, firstly they should make sure they are representing the current registered owner. Secondly, they should not rely on such a clause. The clause is likely contra bonos mores, and void for vagueness, as essentially, a term of the contract is determined solely by one of the parties at a later stage. The lease purports to be a fixed term lease, but is contingent on an event entirely in the landlord's discretion, seemingly aimed at negating the tenant's real rights in relation to the property. This is not the equivalent of ordinary notice periods in a contract, but rather affects a material term, via vagueness. The landlord needs to follow the standard process of eviction. They shouldn't rely on that term, as it may be deemed unenforceable at law. In the case of a residential lease, the Consumer Protection Act, and Rental Housing Act will also play a role, as well as provisions such as those in the Prevention of Illegal Eviction of Unlawful Occupiers Act, and possibly the remedy for Spoliation.
An attorney dealing with such a matter would need to look into the ordinary notices the landlord would need to give and what normal time periods apply. A good start would be to check the copies of Amlers and Butterworths at their law firm. Before proceeding in such a matter it can be advisable to look at the titles for eviction, lease, vindication and the Actio ad exhibendum, in Amlers, along with its title on Spoliation.
Nothing in this post should be relied upon as legal advice. For that, kindly make an appointment with an attorney and brief them fully of your matter.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
What sort of bodies enforce Public International law?
Question: What sort of bodies enforce Public International law?
My Answer
Public International Law is more of a soft law sort of system. Mostly, other nations, by their actions, cause countries to obey it. In the case of international criminal law, the International Criminal Court does such. Regionally, there are bodies such as the African Court of Justice and Human Rights, and the European Court of Justice. Such courts enforce treaties. Internationally, there is the International Court of Justice. Nations tend to obey the legal opinions of international tribunals, which tend not to create precedents in the traditional sense, with their decisions. Countries might use sanctions, or the like, to enforce laws. One body of international law enforcement, is found in the Security Council of the United Nations. Their diktats even affect South African lawyers, bound to enforce international law against individuals via FICA. Most of the time, compliance to Public International Law is enforced by other nations, and via nation-peer pressure. Bodies such as the Council of Europe, and the African Union can exert significant pressure from one nation to another.
Nothing in this post constitutes legal advice. For that, kindly make an appointment with an attorney and fully brief them of your issue.
My Answer
Public International Law is more of a soft law sort of system. Mostly, other nations, by their actions, cause countries to obey it. In the case of international criminal law, the International Criminal Court does such. Regionally, there are bodies such as the African Court of Justice and Human Rights, and the European Court of Justice. Such courts enforce treaties. Internationally, there is the International Court of Justice. Nations tend to obey the legal opinions of international tribunals, which tend not to create precedents in the traditional sense, with their decisions. Countries might use sanctions, or the like, to enforce laws. One body of international law enforcement, is found in the Security Council of the United Nations. Their diktats even affect South African lawyers, bound to enforce international law against individuals via FICA. Most of the time, compliance to Public International Law is enforced by other nations, and via nation-peer pressure. Bodies such as the Council of Europe, and the African Union can exert significant pressure from one nation to another.
Nothing in this post constitutes legal advice. For that, kindly make an appointment with an attorney and fully brief them of your issue.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Sunday, 27 August 2017
Preserving Client Confidentiality, via the Implementation of an Encrypted PDF Letter Attachment System
With the amounts of money, and volumes of confidential information which attorneys often deal with, adopting safety protocols similar to those of financial institutions can save money, and help reduce confidentiality breaches.
Increasingly, attorneys and their clients are reporting cybercrime, including hacking. Solutions such as ProtonMail are effective, but require a client to set up an account for best usage. Simpler methods are easier to apply in most instances.
Use of encrypted, password protected PDFs as a solution
An easy way to protect sensitive information, and to, by and large, verify identity, and better ensure privacy, is to send sensitive information as (256 bit) encrypted, password protected PDF attachments, using programs such as Power PDF to encrypt information.
A client can then be WhatsApped or SMSed the (preferably 12+ character) decryption password, per document, and a summary of what the communication is. Alternatively, a client and attorney can agree to a matter specific unique password, in consult.
Increasingly, attorneys and their clients are reporting cybercrime, including hacking. Solutions such as ProtonMail are effective, but require a client to set up an account for best usage. Simpler methods are easier to apply in most instances.
Use of encrypted, password protected PDFs as a solution
An easy way to protect sensitive information, and to, by and large, verify identity, and better ensure privacy, is to send sensitive information as (256 bit) encrypted, password protected PDF attachments, using programs such as Power PDF to encrypt information.
A client can then be WhatsApped or SMSed the (preferably 12+ character) decryption password, per document, and a summary of what the communication is. Alternatively, a client and attorney can agree to a matter specific unique password, in consult.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Monday, 29 May 2017
President Jacob G. Zuma gets away with it, again, as NEC vote to give him their confidence, and slam critics
'And I would have gotten away with it too, if it weren't for you meddling kids' is the famous line from the Hanna-Barbera children's show, Scooby Doo.
The monsters, when they were unmasked as ordinary, everyday people, with a penchent for criminal enterprise, would say that line, rote, to the naughty gang of misfits, who delighted in it.
The ANC NEC might be a naughty gang of misfits, but there is no mystery who and what is behind the almost mythological chimera of state capture, in South Africa. You might say, yes: it's the Guptas Bros., that is: Ajay Gupta, Atul Gupta, Rajesh Gupta and Varun Gupta, who live in their lair, the Sahara Estate, in Saxonwold, Johannesburg, a.k.a. the Saxonwold Shabeen, and don't forget their up and coming honourary member, Duduzane Zuma. That of course forgets Zuma's wife, Bongi Ngema-Zuma, and his daughter, Duduzile Zuma. But, let's take it a step further, Malusi Gigaba was said to have captured several SOEs for the Guptas during his tenure as Public Enterprises Minister. He is also linked to them in media article after media article, along with Brian Molefe of Eskom fame, who seemed to resign/retire and then return to Eskom, in his same position, at the bright old age of +-51. To think, just a short time ago, Shaun Abrahams, the leader of the NPA (National Prosecuting Authority) was pushing prosecution against Pravin Gordhan for hiring back a retiree as a consultant ...
Shall we talk about Bathebile Dlamini (affectionately known for skipping out on commitments and events, and as 'resting drunk face', because citizens think she is often drunk, but this has been denied, so she must just look drunk)? Her activity with Cash Paymaster Services hasn't quenched her rising star in the ANC.
Or shall we speak of African National Congress Secretary General, Gwede Mantashe ... who just recently returned from a meeting with Robert Mugabe's Zanu-PF and others, where, according to Botswanan media reports, confirmed by Gwede Mantashe, they determined that the two major South African opposition parties, the DA (Democratic Alliance) and the EFF (Economic Freedom Fighters) were funded by America and a western plot, along with NGOs (charitable organisations), and hashtags on the internet, such as #ZumaMustFall, and of course, people who promote capitalism, and oppose communism.
South African opposition leader, Mmusi Maimane was detained in neighbouring Zambia, recently, had his cellular phone and iPad confiscated, was beaten up, and deported, despite a no-visa agreement between South Africa and Zambia. He was in Zambia to attend the trial of the country's opposition leader, Hakainde Hichilema, of the Party for National Development (UPND), who was charged with treason. Amnesty International accounts of the incident giving rise to the trial and arrest, 'The six were arrested on 11 April after they allegedly failed to give way to a Presidential convoy in Mongu district. They claim they were beaten, teargassed and pepper sprayed on their genitals by the police.' (26 May 2017) It seems Zambia's reason for opposing the entry of South Africa's own opposition leader was because they thought he was there to undermine the judiciary, by attending the trial. The move in South Africa and neighbouring countries to link opposition and dissent to treason, and plotting, is far from hard to notice. It is easy to remember the threat of a treason trial against Julius Malema, ruler of the Economic Freedom Fighters, just recently. ANC leaders who have spoken out about corruption in the ANC have received death threats. Just ask ANC MP Dr Makhosi Khoza, who has told of how betrayed she feels by the ruling party, due to silence over death threats. This isn't new. When Fezekile Ntsukela Kuzwayo, also known as Kwezi, laid charges of rape against Jacob Zuma, the AIDS activist and hitherto family friend of the now President, faced death threats, and an innocent confused with her was targeted for stoning. Fezekile Ntsukela Kuzwayo spent five years in exile from South Africa, after the ANC told her they could only guarantee her safety if she would recant about the rape. The late Fezekile Ntsukela Kuzwayo had a traumatic life, and died of natural causes.
What about hero of the moment, Cyril Ramaphosa, who used his position in the ANC to pursue his own business interests in Marikana, and along with other important figures in the party, purposely abused their cleverly worded BEE (Black Economic Empowerment) policies to build himself a business empire? Also, Cyril Ramaphosa, so praised for his sound business judgement, as a result of his BEE business empire, was quoted on a recent trip to Zimbabwe, as praising the Zanu-PF for their land redistribution program ... one which involved violent seizures of white owned land, saw 'War Veterans' never given title, and thus unable to get bank loans (banks are now required to take cattle as collateral), and which policies presided over the collapse of the Zimbabwean economy. Deputy President Cyril Ramaphosa, has also given a recent keynote address to the Black Business Council (BBC), linked by Pravin Gordhan with the Gupta brothers. In fact, Cyril Ramaphosa didn't start opposing Zuma properly until Zuma gave his support to his ex-wife, and alleged current lover, Nkosazana Dlamini-Zuma to succeed him. Cyril keeps calling for a formal enquiry into accusations of state capture, and yet media have repeatedly told him and all who will listen that this is well within his own powers to set up.
The Citizen reports, that the President has warned the NEC not to push him too far, that he was keeping quiet for the sake of the ANC, but that if ANC members continued to criticise him in public, he would no longer keep quiet. Other media report that the President accused the ANC members who supported the motion of no confidence in the ANC National Executive Committee (NEC) of being part of a western plot against him. The talk of a western plot which the ANC claim will eventually culminate in a military intervention, has been going on for a few years now.
A lot of the various monopolies on corruption openly alleged in media and by members of the ANC itself, link to benefits received by the ANC. This is the party which even in 2014 had already had Eskom suppliers replaced in the name of BEE, where Eskom claimed 'wet coal' was responsible for blackouts. This is the party linked to very many billions of Rands lost in the economy due to kindness to corruption, mismanagement, and a soft take on fraud. The opposition Democratic Alliance, once the anti-Apartheid Progressive Party, has been winning election after election on promises and deliveries of clean governance. Not much to ask, is it? Even the once dead on arrival Zulu nationalist Inkatha Freedom Party (IFP), of Mangosuthu Buthelezi, has been on a winning streak of late.
They may not make many newspapers, but over the years there have been many reports of hit lists, and murders within the ANC. Houses of members are burnt down, members are shot. Internal ANC violence has been common, as with important figures being charged and convicted for everything from common assault, to rape, to murder. The President has 783 charges of corruption outstanding against him, currently. The Constitutional Court has said that he has broken his oath of office.
A militant group of armed individuals in military-style fatigues, the MK (Umkhonto we Sizwe) has been allowed to prevent access, for years, to various parts of the country, against opposition figures and the general public.
The white middle class is currently a third of the size of the black one, in South Africa. Take all their jobs and wealth away, and you still cannot supply them to the many have-nots. BEE is estimated to have cost the economy billions in competitiveness. Imagine investing in a country and having to somewhat give away half your company? Imagine having to give preferential placements instead of hiring a top team. Black South Africans, due to lack of early childhood development, and schools which bring shame to the concept of education, seriously lag behind white South Africans in their ability to graduate university degrees they start out in, and forget about doctorates, if government and other statements of fact are to be believed. Labour laws demanding equality and non-discrimination in hiring already ensured fairness in the labour market, but ask anyone on the street or in the ANC, and they will say BEE is about something else, transformation, uprooting the 'evil' white man to replace him. But, in essence, it takes the form of a tax, and at least when it comes to big companies, the beneficiaries are often ANC linked. In the job preferential treatment area, it sees an extension of the welfare state. Companies are expected to hire, irrespective of skills, ability, etc, and to pay equally. As I wrote in 2014, this has often resulted in higher costs for companies, as they have to bean count and hire extra to get the scarce skills they need. Millions of jobs have been lost, as a result of South Africa's labour regulations, explicitly noted in the notice of downgrade to junk status. Both in the form of preferential treatment over merit policies, and in the form of laws which make it much harder to fire excess labour, and thus a big gamble to hire or invest in South Africa. Twenty years of such policies have seen South Africa's competitiveness deflate. Never mind the refusal to protect various industries, from poultry, to textiles, from far more competitive foreign markets.
In fact, South Africa is current number 2 on the misery index, a combination of unemployment and inflation figures. Only Venezuela, whose citizens are starving and lack basics such as toilet paper, beats it to the number one spot.
It isn't any wonder that leaks link Jacob Zuma to attempts to gain residency in Dubai, via his Gupta ties, whether these news items are true or not.
Emails which are alleged to prove that the Guptas controlled and took over the functions of the President vis-a-vis the Cabinet and other such things, have been leaked to media, with the Sunday Times doing an expose on these. Gert van der Merwe, the lawyer for the Gupta family has stated to media that if the emails were hacked, that he would advise his clients to lay criminal charges, and that he worries his clients' privacy rights may have been affected, but would have to see the emails to know. The Guptas officially call the emails 'fake news', the term du jour, since Donald Trump popularised it.
So, I ask you, dear reader, are you really even a little bit surprised that Jacob Zuma easily defeated a motion of no confidence brought against him at the ANC NEC, by Joel Netshitenzhe, with the support of Aaron Motsoaledi, Joe Phaahla, and Derek Hanekom, but with most NEC members backing Zuma by a landslide?
As for Radical Economic Transformation, falsely called inclusive growth, but with the same definitions given, it has been tried before. Replace White Monopoly Capital with the bourgeoisie, and you have Das Kapital by Karl Marx. Replace the royals and their allies with White Monopoly Capital, and you have Leninism and the Russian revolution. Never mind Mao's cultural revolution and the many lives lost. Most recent examples include starving Venezuela, where Nicolás Maduro maintains a death grip on the country, as it pursues similar policies.
So, I ask you, again, dear reader, are you surprised, and what of that motion of no confidence in parliament, even if it replaces Zuma with Ramaphosa, will that be enough? Investors say no, according to an article by Reuters. They have lost confidence not just in Jacob Zuma, but in the ANC. As for ratings agencies, they have made it clear that a downgrade was likely to be coming anyway, and they have set out their many reasons. Their faith in Pravin Gordhan to stave off collapse of the government into bankruptcy, had caused them to hold off a little bit. But, unless the government radically alters course, even replacing Zuma, or the ANC for that matter, won't 'save South Africa'. It's more than just people and politics, it's basic economics in a globalised world.
The monsters, when they were unmasked as ordinary, everyday people, with a penchent for criminal enterprise, would say that line, rote, to the naughty gang of misfits, who delighted in it.
The ANC NEC might be a naughty gang of misfits, but there is no mystery who and what is behind the almost mythological chimera of state capture, in South Africa. You might say, yes: it's the Guptas Bros., that is: Ajay Gupta, Atul Gupta, Rajesh Gupta and Varun Gupta, who live in their lair, the Sahara Estate, in Saxonwold, Johannesburg, a.k.a. the Saxonwold Shabeen, and don't forget their up and coming honourary member, Duduzane Zuma. That of course forgets Zuma's wife, Bongi Ngema-Zuma, and his daughter, Duduzile Zuma. But, let's take it a step further, Malusi Gigaba was said to have captured several SOEs for the Guptas during his tenure as Public Enterprises Minister. He is also linked to them in media article after media article, along with Brian Molefe of Eskom fame, who seemed to resign/retire and then return to Eskom, in his same position, at the bright old age of +-51. To think, just a short time ago, Shaun Abrahams, the leader of the NPA (National Prosecuting Authority) was pushing prosecution against Pravin Gordhan for hiring back a retiree as a consultant ...
Shall we talk about Bathebile Dlamini (affectionately known for skipping out on commitments and events, and as 'resting drunk face', because citizens think she is often drunk, but this has been denied, so she must just look drunk)? Her activity with Cash Paymaster Services hasn't quenched her rising star in the ANC.
Or shall we speak of African National Congress Secretary General, Gwede Mantashe ... who just recently returned from a meeting with Robert Mugabe's Zanu-PF and others, where, according to Botswanan media reports, confirmed by Gwede Mantashe, they determined that the two major South African opposition parties, the DA (Democratic Alliance) and the EFF (Economic Freedom Fighters) were funded by America and a western plot, along with NGOs (charitable organisations), and hashtags on the internet, such as #ZumaMustFall, and of course, people who promote capitalism, and oppose communism.
South African opposition leader, Mmusi Maimane was detained in neighbouring Zambia, recently, had his cellular phone and iPad confiscated, was beaten up, and deported, despite a no-visa agreement between South Africa and Zambia. He was in Zambia to attend the trial of the country's opposition leader, Hakainde Hichilema, of the Party for National Development (UPND), who was charged with treason. Amnesty International accounts of the incident giving rise to the trial and arrest, 'The six were arrested on 11 April after they allegedly failed to give way to a Presidential convoy in Mongu district. They claim they were beaten, teargassed and pepper sprayed on their genitals by the police.' (26 May 2017) It seems Zambia's reason for opposing the entry of South Africa's own opposition leader was because they thought he was there to undermine the judiciary, by attending the trial. The move in South Africa and neighbouring countries to link opposition and dissent to treason, and plotting, is far from hard to notice. It is easy to remember the threat of a treason trial against Julius Malema, ruler of the Economic Freedom Fighters, just recently. ANC leaders who have spoken out about corruption in the ANC have received death threats. Just ask ANC MP Dr Makhosi Khoza, who has told of how betrayed she feels by the ruling party, due to silence over death threats. This isn't new. When Fezekile Ntsukela Kuzwayo, also known as Kwezi, laid charges of rape against Jacob Zuma, the AIDS activist and hitherto family friend of the now President, faced death threats, and an innocent confused with her was targeted for stoning. Fezekile Ntsukela Kuzwayo spent five years in exile from South Africa, after the ANC told her they could only guarantee her safety if she would recant about the rape. The late Fezekile Ntsukela Kuzwayo had a traumatic life, and died of natural causes.
What about hero of the moment, Cyril Ramaphosa, who used his position in the ANC to pursue his own business interests in Marikana, and along with other important figures in the party, purposely abused their cleverly worded BEE (Black Economic Empowerment) policies to build himself a business empire? Also, Cyril Ramaphosa, so praised for his sound business judgement, as a result of his BEE business empire, was quoted on a recent trip to Zimbabwe, as praising the Zanu-PF for their land redistribution program ... one which involved violent seizures of white owned land, saw 'War Veterans' never given title, and thus unable to get bank loans (banks are now required to take cattle as collateral), and which policies presided over the collapse of the Zimbabwean economy. Deputy President Cyril Ramaphosa, has also given a recent keynote address to the Black Business Council (BBC), linked by Pravin Gordhan with the Gupta brothers. In fact, Cyril Ramaphosa didn't start opposing Zuma properly until Zuma gave his support to his ex-wife, and alleged current lover, Nkosazana Dlamini-Zuma to succeed him. Cyril keeps calling for a formal enquiry into accusations of state capture, and yet media have repeatedly told him and all who will listen that this is well within his own powers to set up.
The Citizen reports, that the President has warned the NEC not to push him too far, that he was keeping quiet for the sake of the ANC, but that if ANC members continued to criticise him in public, he would no longer keep quiet. Other media report that the President accused the ANC members who supported the motion of no confidence in the ANC National Executive Committee (NEC) of being part of a western plot against him. The talk of a western plot which the ANC claim will eventually culminate in a military intervention, has been going on for a few years now.
A lot of the various monopolies on corruption openly alleged in media and by members of the ANC itself, link to benefits received by the ANC. This is the party which even in 2014 had already had Eskom suppliers replaced in the name of BEE, where Eskom claimed 'wet coal' was responsible for blackouts. This is the party linked to very many billions of Rands lost in the economy due to kindness to corruption, mismanagement, and a soft take on fraud. The opposition Democratic Alliance, once the anti-Apartheid Progressive Party, has been winning election after election on promises and deliveries of clean governance. Not much to ask, is it? Even the once dead on arrival Zulu nationalist Inkatha Freedom Party (IFP), of Mangosuthu Buthelezi, has been on a winning streak of late.
They may not make many newspapers, but over the years there have been many reports of hit lists, and murders within the ANC. Houses of members are burnt down, members are shot. Internal ANC violence has been common, as with important figures being charged and convicted for everything from common assault, to rape, to murder. The President has 783 charges of corruption outstanding against him, currently. The Constitutional Court has said that he has broken his oath of office.
A militant group of armed individuals in military-style fatigues, the MK (Umkhonto we Sizwe) has been allowed to prevent access, for years, to various parts of the country, against opposition figures and the general public.
The white middle class is currently a third of the size of the black one, in South Africa. Take all their jobs and wealth away, and you still cannot supply them to the many have-nots. BEE is estimated to have cost the economy billions in competitiveness. Imagine investing in a country and having to somewhat give away half your company? Imagine having to give preferential placements instead of hiring a top team. Black South Africans, due to lack of early childhood development, and schools which bring shame to the concept of education, seriously lag behind white South Africans in their ability to graduate university degrees they start out in, and forget about doctorates, if government and other statements of fact are to be believed. Labour laws demanding equality and non-discrimination in hiring already ensured fairness in the labour market, but ask anyone on the street or in the ANC, and they will say BEE is about something else, transformation, uprooting the 'evil' white man to replace him. But, in essence, it takes the form of a tax, and at least when it comes to big companies, the beneficiaries are often ANC linked. In the job preferential treatment area, it sees an extension of the welfare state. Companies are expected to hire, irrespective of skills, ability, etc, and to pay equally. As I wrote in 2014, this has often resulted in higher costs for companies, as they have to bean count and hire extra to get the scarce skills they need. Millions of jobs have been lost, as a result of South Africa's labour regulations, explicitly noted in the notice of downgrade to junk status. Both in the form of preferential treatment over merit policies, and in the form of laws which make it much harder to fire excess labour, and thus a big gamble to hire or invest in South Africa. Twenty years of such policies have seen South Africa's competitiveness deflate. Never mind the refusal to protect various industries, from poultry, to textiles, from far more competitive foreign markets.
In fact, South Africa is current number 2 on the misery index, a combination of unemployment and inflation figures. Only Venezuela, whose citizens are starving and lack basics such as toilet paper, beats it to the number one spot.
It isn't any wonder that leaks link Jacob Zuma to attempts to gain residency in Dubai, via his Gupta ties, whether these news items are true or not.
Emails which are alleged to prove that the Guptas controlled and took over the functions of the President vis-a-vis the Cabinet and other such things, have been leaked to media, with the Sunday Times doing an expose on these. Gert van der Merwe, the lawyer for the Gupta family has stated to media that if the emails were hacked, that he would advise his clients to lay criminal charges, and that he worries his clients' privacy rights may have been affected, but would have to see the emails to know. The Guptas officially call the emails 'fake news', the term du jour, since Donald Trump popularised it.
So, I ask you, dear reader, are you really even a little bit surprised that Jacob Zuma easily defeated a motion of no confidence brought against him at the ANC NEC, by Joel Netshitenzhe, with the support of Aaron Motsoaledi, Joe Phaahla, and Derek Hanekom, but with most NEC members backing Zuma by a landslide?
As for Radical Economic Transformation, falsely called inclusive growth, but with the same definitions given, it has been tried before. Replace White Monopoly Capital with the bourgeoisie, and you have Das Kapital by Karl Marx. Replace the royals and their allies with White Monopoly Capital, and you have Leninism and the Russian revolution. Never mind Mao's cultural revolution and the many lives lost. Most recent examples include starving Venezuela, where Nicolás Maduro maintains a death grip on the country, as it pursues similar policies.
So, I ask you, again, dear reader, are you surprised, and what of that motion of no confidence in parliament, even if it replaces Zuma with Ramaphosa, will that be enough? Investors say no, according to an article by Reuters. They have lost confidence not just in Jacob Zuma, but in the ANC. As for ratings agencies, they have made it clear that a downgrade was likely to be coming anyway, and they have set out their many reasons. Their faith in Pravin Gordhan to stave off collapse of the government into bankruptcy, had caused them to hold off a little bit. But, unless the government radically alters course, even replacing Zuma, or the ANC for that matter, won't 'save South Africa'. It's more than just people and politics, it's basic economics in a globalised world.
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Saturday, 8 April 2017
How international news media portrayed South Africa's 60 000+ #ZumaMustFall March
A look at Google news fills the screen with South African accounts of the march, so I used a less known news research engine to figure out how the world portrayed the march. Anti-Zuma sentiment is widely noted, but I will let you read the articles yourself. What fascinated me most was the approach of the New York Times, who used almost the exact same headline as they did when Jacob Zuma fired former Finance Minister Nhlanhla Nene (replacing him with loyalist Des Van Rooyen), much as he now fired Pravin Gordhan, replacing him with loyalist Gigaba, who like Des Van Rooyen, doesn't know a thing about finance.
We already know why Fitch and Standard and Poor's downgraded South Africa: they believe South Africa is being reckless with its economy and finances. Particularly vexing to the ratings agencies are: radical socioeconomic transformation, promises of land grabs, reckless management of State Owned Enterprises (SOEs), and government's promise to bail them out, slow economic growth, strangling labour regulations, and a cabinet reshuffle seemingly aimed at pursuing a left wing approach should the heavens fall. Much of what the South African government is able to do is based on its ability to borrow money. The Sovereign Credit Ratings agencies are a bit like a bar keeper saying you've had too much, or the credit bureau the bank checks before giving you finance. The two members of the trinity of ratings agencies think South Africa is a bad investment and a bad bet and a bad debtor. By giving us above speculative, above junk credit ratings in the past, they had for many years endorsed our economy. That is no longer the case: only Moody's has yet to downgrade us, and they have suggested it is coming. So, government will be less able to build infrastructure, service social grants, and maintain administration of the country. Your rands will buy you less, but your employers won't be able to give you a raise. Much of Africa can't woo investors, and relies on the International Monetary Fund for their needs, which fund likes to demand austerity in exchange for funding. It has clutches South Africa doesn't want to fall into, if it wants to pursue a pro-poor agenda, but those are the clutches we are headed to.
I will firstly note the headlines from 2017, with links thereto, and then I will note those from 2015. The 2015 quagmire ended when Pravin Gordhan was appointed as finance minister, and investors and creditors calmed down. His own firing seems less likely to have as passing an effect, because Zuma has stayed steadfast on his 2015 path, and fired dissidents instead of listening to them.
2017 articles:
'Thousands march in South Africa to demand Zuma resign' / Al Jazeera
http://www.aljazeera.com/news/2017/04/thousands-march-south-africa-demand-zuma-resign-170407164132737.html
'South African opposition, rights groups march against Zuma' / CNBC
http://www.cnbc.com/2017/04/07/south-african-opposition-rights-groups-march-against-zuma.html
'Anti-Zuma protests take place across South Africa' / BBC
http://www.bbc.com/news/world-africa-39526313
'In South Africa, thousands from all races march against President Jacob Zuma, but unity remains elusive' / Los Angeles Times
http://www.latimes.com/world/africa/la-fg-southafrica-zuma-protest-20170407-story.html
'Thousands of anti-Zuma protesters march across South Africa' / Canadian Globe and Mail
http://www.theglobeandmail.com/news/world/thousands-of-anti-zuma-protesters-march-across-south-africa/article34639922/
'Skirmishes in Johannesburg as South Africans protest against Zuma' / Reuters
http://www.reuters.com/article/us-safrica-zuma-idUSKBN17915T
'Thousands March in South Africa to Demand Jacob Zuma’s Resignation' / NY Times (using near exact same title as 2015)
https://www.nytimes.com/2017/04/07/world/africa/south-africa-jacob-zuma-protests.html
2015 articles:
Déjà vu? 'Thousands March in South Africa to Call for Jacob Zuma’s Resignation' 16 Dec 2015 NY Times #ZumaMustFall.
https://www.nytimes.com/2015/12/17/world/africa/south-africa-zuma-protests.html
Déjà vu? '#ZumaMustFall: South Africans march against Jacob Zuma' 16 Dec 2015 BBC
http://www.bbc.com/news/world-africa-35111636
How international news portrayed South Africa's #ZumaMustFall March
We already know why Fitch and Standard and Poor's downgraded South Africa: they believe South Africa is being reckless with its economy and finances. Particularly vexing to the ratings agencies are: radical socioeconomic transformation, promises of land grabs, reckless management of State Owned Enterprises (SOEs), and government's promise to bail them out, slow economic growth, strangling labour regulations, and a cabinet reshuffle seemingly aimed at pursuing a left wing approach should the heavens fall. Much of what the South African government is able to do is based on its ability to borrow money. The Sovereign Credit Ratings agencies are a bit like a bar keeper saying you've had too much, or the credit bureau the bank checks before giving you finance. The two members of the trinity of ratings agencies think South Africa is a bad investment and a bad bet and a bad debtor. By giving us above speculative, above junk credit ratings in the past, they had for many years endorsed our economy. That is no longer the case: only Moody's has yet to downgrade us, and they have suggested it is coming. So, government will be less able to build infrastructure, service social grants, and maintain administration of the country. Your rands will buy you less, but your employers won't be able to give you a raise. Much of Africa can't woo investors, and relies on the International Monetary Fund for their needs, which fund likes to demand austerity in exchange for funding. It has clutches South Africa doesn't want to fall into, if it wants to pursue a pro-poor agenda, but those are the clutches we are headed to.
I will firstly note the headlines from 2017, with links thereto, and then I will note those from 2015. The 2015 quagmire ended when Pravin Gordhan was appointed as finance minister, and investors and creditors calmed down. His own firing seems less likely to have as passing an effect, because Zuma has stayed steadfast on his 2015 path, and fired dissidents instead of listening to them.
⚡️ “How international news portrayed South Africa's #ZumaMustFall March”https://t.co/RrgTmiw4ps
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
2017 articles:
'Thousands march in South Africa to demand Zuma resign' / Al Jazeera
http://www.aljazeera.com/news/2017/04/thousands-march-south-africa-demand-zuma-resign-170407164132737.html
'Thousands march in South Africa to demand Zuma resign' / Al Jazeera https://t.co/ToUsKIjLyT
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'South African opposition, rights groups march against Zuma' / CNBC
http://www.cnbc.com/2017/04/07/south-african-opposition-rights-groups-march-against-zuma.html
'South African opposition, rights groups march against Zuma' / CNBChttps://t.co/gP5GJdL9Gn
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'Anti-Zuma protests take place across South Africa' / BBC
http://www.bbc.com/news/world-africa-39526313
'Anti-Zuma protests take place across South Africa' / BBChttps://t.co/gvvmBwF7K6
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'In South Africa, thousands from all races march against President Jacob Zuma, but unity remains elusive' / Los Angeles Times
http://www.latimes.com/world/africa/la-fg-southafrica-zuma-protest-20170407-story.html
'In South Africa, thousands from all races march against President Jacob Zuma, but unity remains elusive' / LA Timeshttps://t.co/WOpDUwO5x1
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'Thousands of anti-Zuma protesters march across South Africa' / Canadian Globe and Mail
http://www.theglobeandmail.com/news/world/thousands-of-anti-zuma-protesters-march-across-south-africa/article34639922/
'Thousands of anti-Zuma protesters march across South Africa' / Canadian Globe and Mailhttps://t.co/q0wd6AQPRS
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'Skirmishes in Johannesburg as South Africans protest against Zuma' / Reuters
http://www.reuters.com/article/us-safrica-zuma-idUSKBN17915T
'Skirmishes in Johannesburg as South Africans protest against Zuma' / Reutershttps://t.co/S5ZX2dQU0D
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
'Thousands March in South Africa to Demand Jacob Zuma’s Resignation' / NY Times (using near exact same title as 2015)
https://www.nytimes.com/2017/04/07/world/africa/south-africa-jacob-zuma-protests.html
'Thousands March in South Africa to Demand Jacob Zuma’s Resignation' /NY Times (using near exact same title as 2015)https://t.co/BuPEQHJ2EX
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
2015 articles:
Déjà vu? 'Thousands March in South Africa to Call for Jacob Zuma’s Resignation' 16 Dec 2015 NY Times #ZumaMustFall.
https://www.nytimes.com/2015/12/17/world/africa/south-africa-zuma-protests.html
Déjà vu? 'Thousands March in South Africa to Call for Jacob Zuma’s Resignation' 16 Dec 2015 NY Times #ZumaMustFall.https://t.co/uvO02DDb5g
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
Déjà vu? '#ZumaMustFall: South Africans march against Jacob Zuma' 16 Dec 2015 BBC
http://www.bbc.com/news/world-africa-35111636
Déjà vu? '#ZumaMustFall: South Africans march against Jacob Zuma' 16 Dec 2015 BBC. #ZumaMustFallhttps://t.co/nuUbQZtanV
— Marc Evan Aupiais (@SACNSNew) April 8, 2017
How international news portrayed South Africa's #ZumaMustFall March
Dad; Husband; Christian (Catholic); Irish. — News; Business; History; Civilizations; The Western World; Speech; Culture; Law. (Pronounced: Aw-Pea-Air.)
Subscribe to:
Posts (Atom)
Popular Posts This Month
-
( Tridentine South Africa ) Article by Marc Aupiais Catholics in South Africa are obligated to attend church on Sundays throughout the year...
-
South Africa's Stage 8. If South Africa has hit stage 8 load shedding in 2023, what does that imply? ChatGPT: Load shedding is a contro...
-
I think you will find there is disagreement about whether any part of the bible actually is ahistorical, compared with any other historical ...
-
( See What We See news Archive ; c.f. Pope Benedict XVI, letter/speech on Vatican site (Catholic; Hierarchical; Vatican based) 17 / 02 (Feb...
-
IBM fired 8,000 people in order to replace them with AI. IBM then hired a whole lot of people because the efficiencies AI brought about mea...
-
People are increasingly using their OpenClaws to phone people, for all kinds of purposes. Sometimes it’s something simple, like booking a re...
-
A federal grand jury in Tampa, Florida, recently returned a superseding indictment charging four US citizens and three Russian nationals wit...
-
https://youtu.be/Fk0AnVCpY3g From Evergrande, to the ill maintained and now unprofitable high speed train network, to rising authoritarianis...
-
(SACNS) + Google Two things Google Plus should add! Facebook has a option which lets you post, so anyone can read, who subscribes to you...
Popular Posts | All TIme
-
( See What We See news Archive ; c.f. Pope Benedict XVI, letter/speech on Vatican site (Catholic; Hierarchical; Vatican based) 17 / 02 (Feb...
-
(SACNS) + Google Two things Google Plus should add! Facebook has a option which lets you post, so anyone can read, who subscribes to you...
-
Good news about the police and army Image of policeman and of amphibious transport: Microsoft Clip Art. Quick note by Marc Aupiais...
-
( Media Study South Africa ) Article by Marc Aupiais After much public anger was raised, when Multi-choice decided to do a survey on wh...
-
( See What We See News and Archive ; c.f. UK Telegraph (United Kingdom / British, Independent; Secular) 26 / 08 | August / 2009 ; ABC News ... -
I think you will find there is disagreement about whether any part of the bible actually is ahistorical, compared with any other historical ...
