April 2016


Tales from the US of A... - April 2016 International April 2016

Group uncovers 13 law firms facilitating anonymous investment

Thirteen out of 16 Manhattan lawyers captured on video in a group's undercover operation offered advice on how an African official could buy pricey Manhattan real estate without revealing his identity. An investigator posed as an adviser to an African minister of mines who had managed to accumulate millions of dollars and wanted to secretly buy a home in the United States as well as a jet and a yacht. The firms gave him advice how to do this anonymously. The group asserts that setting up anonymous companies does great damage to society by concealing stolen money and corrupt practices. They hope the exposure will lead to stricter money laundering laws in the United States. - Debra Cassens Weiss February 1

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The World in March - April 2016 International April 2016

The Polish government is to ban the use of the phrase "Polish death camps" when referring to the Nazi death camps set up on Polish soil during the Second World War. The Nazi camps of Auschwitz-Birkenau, Treblinka and Sobibór were among the most infamous and Poles have long been outraged by the camps being associated with them rather than with the perpetrators of those hideous crimes, the Nazis. The new laws will make the offence punishable by fines or a jail term of up to five years.

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Delictual Class Actions: tenable claims? Litigation April 2016

Civil litigation, like a sports game, has fitness criteria to qualify as a player. For right of entry into the field of litigation, prospective litigants must comply with the rules of legal standing. There are specific rules applicable to litigation involving a class action for damages for injury or damage in a delictual claim. In particular, where a class presents a novel question of delictual law, the certification question is whether the usual standard of proof to establish a valid cause of action is appropriate. This is necessary given the important yet preliminary nature of certification. Has a prima facie case or plausible case been made? This is the very question that arose in the class certification application in Mukaddam v Pioneer Foods (Pty) Ltd 2013 (2) SA 254 (SCA) (Mukaddam 1) and Mukaddam v Pioneer Foods (Pty) Ltd 2013 (5) SA 89 (CC) (Mukaddam 2).

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The status of practice protocols The Law April 2016

Part 1

On 1 December 2015, the Supreme Court of Appeal (SCA) found the following:

"I pause to mention that a practice manual or directive duly promulgated by the Judge President of a division of the High Court, has the same force and effect as the Uniform rules." (Rossitter & others v Nedbank Ltd (96/2014 ZSCA 1 December 2015 at paragraph 15.) (The emphasis is ours.)

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Privacy after death in the digital world The Law April 2016

Part 1

The expansion of technology has created many benefits that influence our daily lives. And, as many have noted, the expansion of technology has irreversibly transformed the landscape of social interaction and laws governing our lives.

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The Oscar Pistorius trial The Law April 2016

Part 4

It is possible that the evidence presented during a criminal trial might fall short of proving the crime charged but nevertheless succeeds in proving beyond reasonable doubt the commission of some other offence not specifically formulated as an alternative charge (in terms of s83 of the CPA) to the charge in the indictment or charge-sheet.

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National News - April 2016 National News April 2016

Cliffe Dekker Hofmeyr

Candidate Attorneys: Cape Town: Riad Daniels, Yusrah Ehrenreich, Clara Hofmeyr, Dane Kruger, Michail Le Roux, Samantha Matjila, Jordan Maze, Kwadwo Owusu, Megan Quenet-Meintjes and Julian Reynolds. Johannesburg: Nihaal Abrahams, Niyaaz Abrahams, Roxanne Bain, Nicole Brand, Ammara Cachalia, Boipelo Diale, Jamie-Lee Fong, Melissa Franks, Stephanie Goncalves, Maud Hill, Sibusisiwe Khumalo, Jeffrey Long, Emilia Pabian, Alecia Pienaar, Keitumetse Makhubedu, Thapelo Malakoane, Reabetswe Mampane, Duduetsang Mogapi, Mark Morgan, Haruperi Mumbengegwi, Aaron Mupeti, Andile Sangweni, Elizabeth Sonnekus, Craig Thomas, Alison Vadachalam and Gift Xaba.

In the latest Chambers Global Rankings, 13 practices and 32 directors from the firm were acknowledged. The firm was ranked band one in five prac- tice areas. Band one individual lawyers include Johan Latsky, Terry Winstanley, Preeta Bhagattjee, Pieter Conradie, Gavin Noeth, Ludwig Smith and Emil Brincker. New rankings went to Joe Whittle and Jay Govender. An up-and-coming ranking went to Ruaan van Eeden. Peter Hesseling and Fiona Leppan moved up in their rankings.

Chambers Global results are based on interviews with clients, lawyers and industry commentators across the globe.

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aftertaste: Mid-week pleasure Lifestyle - Wine April 2016

Not all wines are made to spend long periods of time in the cellar to age into something drinkable. Some wines are produced to be enjoyed young. On the same basis, not all wines are produced to be blockbuster, special occasion wines but are perfect to be enjoyed during the week. Not that this means that there are not some decent, great value for money, midweek wines out there.

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A car is a car is a car Lifestyle - Motoring April 2016

It is no secret that the public transport system in South Africa is virtually non-existent, and climbing on board one of our many "roadworthy" taxis would cause a massive increase in our life insurance premiums. The Gautrain was a step in the right direction but reading the headlines lately, that too has been targeted by desperate individuals looking for their next meal. Although public transport is the sad reality for many South Africans, for us lucky few, it is not a something we wish to use ourselves and definitely not for our children.

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A Safety, Privacy and Security Disclosure Lifestyle - Gadgets April 2016

Part 1

The BBC writes that the FBI "may be able to unlock the San Bernardino iPhone" – this in the midst of a court battle between the FBI and Apple, in which Apple is refusing to unlock the phone. Apple's CEO, Tim Cook, said on the matter: ''We have a responsibility to help you protect your data.''

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the view from down under: China Lifestyle April 2016

When Nobel prize winning economist Milton Friedman visited South Africa he observed that when visiting a country for the first time, he knew enough within seventy-two hours to confidently solve all that country's problems. But he also added that if he extended his stay by a few more days he generally found he was not so sure.

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1st quarter comes to an end... Deal Selection April 2016

JSE Listed M&A

The Foschini Group, through its subsidiary Phase-Eight (which it acquired last year), has made another acquisition in the British market by acquiring high street retailer, Whistle, for an undisclosed sum. The acquisition includes the 46 Whistles stores and an online business.

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A small person’s adventure Top Students - 2015 Final Year April 2016

Being loved and living in a stable family environment where potential can be fulfilled is never something to take for granted. Looking around the world today the percentage of children who can say this describes their world is depressingly small.

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A dream realised Top Students - 2015 Final Year April 2016

Dreaming of joining the legal profession after having matriculated may appear unrealistic, especially for people from previously disadvantaged groups. The challenges they face range from a lack of tuition fees to lack of support from the people who don't believe they could succeed. Another hard knock could be receiving no response from the bursars that one has solicited for financial aid.

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Endings and beginnings Top Students - 2015 Final Year April 2016

The law firms that greet the first year candidate attorney class of 2016 are markedly different to those that today's partners walked into when they completed their LLBs.

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