Without Prejudice - Volume 13, Issue 10, 2013
Volume 13, Issue 10, 2013
Author Deon BeachenSource: Without Prejudice 13, pp 50 –51 (2013)More Less
I often consult with trustees who do not understand the fundamental mechanisms of a trust, let alone the reasons why it was created in the first place. More often than not the trustees manage trust assets at their own whim and preference with absolutely no regard to the legal doctrines that govern and regulate them.
Author Simone MontySource: Without Prejudice 13 (2013)More Less
The National Credit Regulator (NCR) has for some time expressed its concerns regarding the method used by credit providers to assess consumers' ability to afford credit (affordability assessments). In line with these concerns, in May, the NCR issued the "Credit Industry Code of Conduct to Combat Over-Indebtedness in terms of section 48(1)(b) of the National Credit Act" (Code of Conduct).
Author Tracy RobbinsSource: Without Prejudice 13, pp 53 –55 (2013)More Less
In terms of the National Credit Act (34 of 2005) (the NCA), a credit provider may not institute legal proceedings against a consumer who has defaulted under a credit agreement, unless notice has been given in accordance with s129 of the NCA, and delivered in terms of s130.
Author Zaakirah AkramSource: Without Prejudice 13, pp 56 –57 (2013)More Less
While the Constitution is the supreme law of South Africa, the common law is the basis and its principles are still used by courts when interpreting and developing law. This is specifically relevant in the online and digital domain (collectively referred to as the "online space"), which has seen a rapid growth in new precedents set by the courts in recent months.
Author Michal JohnsonSource: Without Prejudice 13, pp 57 –59 (2013)More Less
In a long-running argument between the governing body of the Rivonia Primary School and the Gauteng Provincial Education Department, (CCT135/12  ZACC 34 (3 October 2013) the Constitutional Court started out, in its majority judgement, by referring to s29 which it states 'guarantees everyone the right to a basic education' and observing that this constitutional guarantee is 'inaccessible for large number of South Africans.' Further that there are disparities in 'accessing resources and quality education perpetuate socio-economic disadvantage, thereby reinforcing and entrenching historical inequity,' With this introduction it is no surprise that the Constitutional Court found it to be in agreement, in part, with the Gauteng Department of Education.
Source: Without Prejudice 13, pp 59 –60 (2013)More Less
In South Africa, the system of road accident fund compensation is an integral part of the country's social security programmes. In a nutshell, the system ensures that victims of road accidents (and their dependents) are given some protection if they suffer serious injuries.
Author Livia DyerSource: Without Prejudice 13, pp 61 –62 (2013)More Less
Kenya is part of the East African Community (EAC), an intergovernmental organisation comprising five countries: Burundi, Kenya, Rwanda, Tanzania and Uganda. Its capital Nairobi is an ever-expanding commercial hub and now one of the most prominent cities in Africa, both politically and financially, with many major multinational companies locating offices there. The Nairobi Stock Exchange (NSE) is one of the largest in Africa and the continent's second oldest.
Author Charles YouSource: Without Prejudice 13, pp 65 –66 (2013)More Less
In 1992, 12 delegates from the Chinese government were tasked with procuring a $30m biochemical equipment deal with an American corporation. In order to please their purchasers from the East, and as a token of appreciation, the Americans prepared a gift for each of the delegates; the gift box was wrapped very nicely in red, which represents prosperity, and was gratefully accepted by the Chinese delegates.
Author Vaughn WilliamsSource: Without Prejudice 13, pp 66 –67 (2013)More Less
Author Dewaldt Van WykSource: Without Prejudice 13, pp 68 –69 (2013)More Less
From Wikipedia: VK (Originally VKontakte, Russian: ВКонтакте, literally "in contact") is the second biggest social network service in Europe after Facebook. Why is it that South Africans would rather use Facebook? Sure, there are sites like http://www.sareunited.com - but the site looks and feels like something out of the '90s; it certainly doesn't inspire me enough to register, and why would you, when all your friends are on Facebook? The reason your friends are all on Facebook is because there is no innovative local product.
Author Eben Van WykSource: Without Prejudice 13, pp 69 –70 (2013)More Less
The aim of this review is to taste and review some decent wines - not only expensive, special occasion wines, but at least something that is above average. However, the wines that were scheduled to be included in this month's review turned out to be rather crap. They were jam-like, heavy and overly fruity and the closest it came to having an aftertaste was the lingering throat burn caused by their high alcohol content. Not good, and certainly not something worth wasting a review on.
Author David ReesSource: Without Prejudice 13, pp 70 –71 (2013)More Less
Australia's new Coalition government is settling into office under the leadership of Tony Abbott, the new Prime Minister. It's possible, it seems, to govern this country without a daily photo opportunity of a cabinet minister standing in front of a construction site, a cancer ward or a military barracks, fitted out with hard hat, surgical smock or khaki flak jacket. No more sitting on the floor of the kindergarten with a reading book and a tight smile. No more Sunday evening TV news sound bites of Prime Ministerial bile against the backdrop of a Canberra non-Conformist church.
Author Vanessa AitkenSource: Without Prejudice 13, pp 72 –73 (2013)More Less