July 2015


A false sense of security Financial Law July 2015

Lending institutions often require security before they can advance credit to either a juristic or natural person. The purpose of the security is to ensure that the lending institution can recover the debt should the debtor default in repaying the debt, or at least that is what we all want to believe. There are various methods through which a debt can be secured. These methods include amongst others, mortgage bond, notarial bond, pledge, suretyship and cession, to mention but a few. In this article I will only look at notarial bonds as a method of security and explore whether it provides sufficient security to lenders.

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Namibian outback Platteland Perspective July 2015

Soon after I arrived in my adopted hometown of Smithfield in rural south-east Free State, I witnessed a couple of truck accidents. They have helped me make sense of a recent crash – and subsequent court case – in the Namibian outback.

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A matter of semantics? Trust Law July 2015

The recent Supreme Court of Appeal case of Standard Bank v Swanepoel NO (22062/2014) [2015] ZASCA 71 (22 May 2015) places the spotlight on the precise legal nature of a trust, an aspect that appears to still cause confusion and, for some, a hopeful way of escaping their obligations.

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Retrenchments in Botswana Africa - Botswana July 2015

Section 25 (1) of Botswana's Employment Act Cap 47:01 provides that where an employer terminates contracts of employment for the purpose of reducing the size of his workforce, he shall do so in respect of each category of employee, whenever reasonably practicable, in accordance with the principle commonly known as first in last out; provided that in so doing the employer shall take into account:

  • the need for the efficient operation of the undertaking in question;
  • the ability/experience, skill and occupations qualifications of each employee concerned.

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Road accident fatalities Africa - Mozambique July 2015

Mozambican consolidated statistics on road accidents show that between 1999 and 2012, 68 913 accidents claimed 18 938 lives.

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Why do lawyers leave? Management July 2015

All law firms are faced with departures of key partners and talented junior staff. In a world of increased mobility and less sense of loyalty to institutions than existed a decade ago, this phenomenon is understandable.

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E-mail disclaimers Management July 2015

Have you had a look at your current e-mail disclaimer?

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National News - July 2015 National News July 2015

Fasken Martineau

Appointment: Associate: Sarvani Morgan – Labour, Employment and Human Rights department.
The firm, in partnership with the Centre for Small Business Development (at the University of Johannesburg Soweto Campus) andProBono.Org, launched its Pro Bono Business Law Clinic, Yakha Isizwe (Building a Nation). Students from the Raymond Ackerman Academy of Entrepreneurial Development attended the launch at the end of May. In the first of a series of commercial law related presentations, practitioners from the firm's Tax, Corporate and Commercial and Dispute Resolution departments presented to start-up SMME owners and aspirant small business owners in numerous key economic sectors.

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The popping of POPI Protection of Personal Information Law July 2015

It has been fifteen months since the Protection of Personal Information Act (POPI) was signed in parliament in November of 2013, yet there is still no official indication of when it will be fully enforced or even if any progress has been made in appointing an Information Regulator.

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A new frontier Social Media July 2015

There's no denying it, Facebook and the larger social media age has arrived, and it's here to stay. Just as the first personal computer changed the way lawyers communicate, litigate, research, and market, so social media has irrevocably altered the landscape of the profession. In a paper drafted for The Law Society of South Africa in 2012 "Introduction to Social Media – Legal Implications for South African Law Firms" it stated that social networking is not a fad and its application is an important development in the communication technology that will shape changes in how we communicate.

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the view from down under: ...arriving late...leaving early... Lifestyle July 2015

When I arrived in Britain in 1970 on a university scholarship my mental baggage was weighed with many expectations...a hazy amalgam of the Winston Churchill, Biggles, James Bond, the Beatles, Tony Hancock and my father's dinner table monologues about Lancashire during the Great Depression.

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aftertaste: Savage Supreme Lifestyle - Wine July 2015

Duncan Savage recently released the third vintage of his Savage Red and Savage White wines. Known as the talented winemaker behind all Cape Point Vineyards' (the Two Oceans don't meet there) accolades, he has again managed to produce some of South Africa's top wines.

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Pack up your troubles in an old kit car and smile, smile, smile... Lifestyle - Motoring July 2015

I remember a time when classic cars were affordable and for less than a hundred thousand Rand you could be motoring around in a 70s supercar, wind in your hair and a smile from ear to ear. Something happened around 2010 and the classic car market has taken off, making ownership virtually impossible for the average Joe.

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Novelty Gadgets Lifestyle - Gadgets July 2015

Sometimes we purchase items we have absolutely no need for. I am not referring to exercise equipment bought from the infomercial channel but novelty gadgets. Both may take up unnecessary space in your house but at least the novelty gadgets invite smiles.

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Q2 draws to a close Deal Selection July 2015

JSE Company Deals

Choppies Enterprises, the Botswana grocery retailer that took a secondary list- ing on the JSE in May, has entered the Kenyan retail sector by purchasing 10 Ukwala supermarkets across the country. Choppies will make the acquisition through its 75% held subsidiary, Choppies Supermarket Kenya, and will run the business with its JV partner, the promoters of Export Trading Group. The $10m price tag will cover the assets and business name.

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