July 2017

A PHISHING TALE Cybercrime Law Feature July 2017

In a recent online banking fraud case, a well-respected retired businessman awoke one morning to discover that several of his bank accounts had been cleaned out just before sunrise.

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A NEED FOR TRAINING Cybercrime Law Feature July 2017

This article was triggered by the statement made by the Deputy Minister of Justice and Constitutional Development (DoJ&CD), Mr JH Jeffery on 19 January during a media briefing on the CyberCrime and CyberSecurity Bill.

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A SPIKE IN CYBER INSURANCE Cybercrime Law Feature July 2017

It is clear from media reports that cyber-attacks are on the rise, with both South Africa and the global market being affected by cybercrimes. Statistics appearing as far back as 2013 in the Norton Cybersecurity Insights Report demonstrate that South Africa has the third highest number of cybercrime victims worldwide and the highest in Africa. Notwithstanding the increase in cyber incidents, the South African market has been very slow to take up cyber insurance cover.

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Who owns your social media content? Media July 2017

More often than not, people sign up for social media accounts without reading the particular platform's terms of service. As a result, they are usually completely unaware of the conditions of use or the rights they have signed away in order to create their profile. Have you ever stopped to consider who owns your Facebook account or your Instagram profile picture? If not, you may be surprised to discover the reality as we break down the terms that you have agreed to on various social media platforms.

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Zero tolerance Platteland Perspective July 2017

As evidence of massive corruption at the highest level continues to trouble South Africa, it can be argued that one important response is for all businesses to practise zero tolerance of fraud and corruption. Here is a case that gives a good – and bad – example of what's at stake.

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What next for ICC witness protection? International July 2017

The threat of an African exodus from the ICC is constantly in flux. In January, the African Union adopted a non-binding resolution (opposed by Nigeria and Senegal) in which it called on African states to follow its recommended withdrawal strategy. However, South Africa and Gambia have since terminated their withdrawal procedures. As it is open to these states and any others to begin withdrawal procedures at any stage, this does not rule out the possibility of a walkout.

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Tales from the US of A... July 2017 International July 2017

Transgender teen can use boys' restroom

A Chicago-based US court of appeals has granted a temporary injunction allowing a 17-year old school pupil to use the boys restroom pending the outcome of the main proceedings. The court said he has a probability of success because the school district has likely violated the equal protection clause in the Education Amendments Act which prohibits discrimination on the basis of sex. The child began identifying as a boy and was diagnosed with gender dysphoria. He began hormone replacement therapy. He used the boys' restroom without incident for six months until a teacher spotted him in there and reported it to the administration. He was told to use the girls' restroom or a gender-neutral bathroom. He continued to use the boys' restroom but was removed from class several times for doing so. He complained of sex-stereotyping prohibited under the Civil Rights Act. - Debra Cassens Weiss

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The World in June - July 2016 International July 2017

The world has changed dramatically over the past 10 – 15 years. Researchers are now using artificially intelligent greenhouses to grow vegetables for maximum deliciousness. The MIT Media Lab has developed "food computers" that adjust their internal climate constantly to find the perfect combination of light, humidity, and nutrients for the specific crop growing inside. The "climate recipes" that come out of this are tweaked by boosting specific flavour molecules to make the vegetables tastier.

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Woman of the Month - Ayesha Seedat Women in law July 2017

Ay'esha Seedat is Head of Legal at Sanofi Aventis South Africa.

What does success look like for you?

To me success on a large scale would be when we no longer have to fight for equality based on our colour and gender because the system has recognised its inequities and has self-corrected. On a personal level, success is keeping alive my sense of passion about injustice and remaining alive to the ways in which injustice operates around us. I see the process of addressing injustice as one borne out of love. I believe that success is about being passionate about what I do. It's about making sure my children are good people. It is about finding ways in the corporate environment, where things can be really cut throat, to remember my empathy and kindness.

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FACT: Self-regulation in advertising works Advertising July 2017

There are two types of regulatory systems in South Africa and those are: statutory and self-regulation. I can hear some learned fellow jumping up and down screaming "what about co-regulation?" My response is that co-regulation is still in its infancy in so far as its application and credentials are concerned. Maybe supplement this submission by arguing that it is not widely recognised as a regulatory system.

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The Public Protector, the Reserve Bank and the Constitution: Quo vadis? Constitutional Law July 2017

Power tends to corrupt. Absolute power corrupts absolutely.

– Lord Acton

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National News - July 2017 National News July 2017


Appointments: Partner: Andrew van Niekerk provides specialist legal services related to engineering, procurement and construction (EPC), public-private partnerships (PPPs) and independent power production (IPP). His sectors of interest are infrastructure, energy, mining & resources, transport and real estate within the construction, project finance and regulatory practice areas.

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Weighing in on laptop brands (Part III) Lifestyle - Gadgets July 2017

Tom's Hardware places Apple at number 5 in its list of top laptop brands. Whereas some of the other brands covered in the two previous articles may be less familiar to the general public, the Apple brand is well-known and has reached a market capitalisation of $800 billion (May 2017). To the fanatical Apple enthusiast, the very mention that one may compile a list and place Apple at number 5 is, surely, sacrilege. Nearly six years after the passing of Steve Jobs, Apple continues to enjoy great sales with an unwavering community of loyalists. Even to those impartial to Apple's je ne sais quoi, Apple products do provide a very niche user experience.

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Shooting the breeze Lifestyle - Firearms July 2017

Currently much confusion reigns regarding the new Firearms Control Act (60 of 2000) and the slip-ups created with its inception, so I would like to discuss some of the more debatable points and questions that keep cropping up.

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Corporate Finance Overview - July 2017 Deal Selection July 2017

JSE Listed M&A

Alexander Forbes expanded its African offering with the acquisition of a significant stake in African Actuarial Consultants in Zimbabwe. No financial terms were disclosed.

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