Legal Articles
THE STATE VERSUS B VAN HEERDEN
THE STATE VERSUS B VAN HEERDEN
IN THE HIGH COURT OF SOUTH AFRICA
Signed Affidavit against Ben Van Heerden
Long arm of the law reaches for Langebaan ‘lawyer’ who allegedly duped clients
A plumbing company manager who went on to head a law firm has been accused of misrepresenting himself as a legal practitioner in South Africa and the UK, with claims that he duped clients and wore a religious cassock instead of a legal robe. Police have confirmed they...
SA banks caught up in financial shenanigans in Namibia
REPUTATIONAL risk has become something of a buzzword in business and particularly in banking and as previously reported, South African banks are actually the architects of their own reputational risk. Investopedia, the world's leading source of financial content on...
Questionable, sometimes outright dishonest conduct by handful of lawyers a worrying trend
Sadly, this kind of conduct by lawyers is just one of the factors contributing to perceptions about the lack of integrity within the legal profession. A quick look at recent judgments from our high courts suggests that far too many members of the legal profession are...
SOUTHERN AFRICAN BANKS GUILTY OF DOUBLE STANDARDS IN DEALING WITH FRAUDSTERS, MONEY LAUNDERERS AND SCAMMERS
SOUTHERN AFRICAN BANKS GUILTY OF DOUBLE STANDARDS IN DEALING WITH FRAUDSTERS, MONEY LAUNDERERS AND SCAMMERS In a recent article published by Bongani Hans an interesting aspect was put to the fore. As was pointed out a few years ago by Johnny Steinberg regarding...
Bogus advocate gets his day in court
Bogus advocate gets his day in court The Provincial Commissioner of the Western Cape, Lieutenant General Thembisile Patekile was pleased with the harsh sentence which was meted against the 50-year-old Dale Ronald Harmse in the Oudtshoorn Regional Court on Wednesday,...
Suspension related to the mismanagement of trust funds
https://marendeklerk.com/wp-content/uploads/Signed-A-de-Lange-aff-dt-13-Jan-2016.pdf https://marendeklerk.com/wp-content/uploads/Enquiry-M-De-Klerk.pdf
Understanding the manoeuvres to remove the DPP from office
Despite the security of tenure provided to the office of the Director of Public Prosecutions (DPP), nearly every new president of Zambia ousts the DPP they find in office and installs their own to help them deal with their political opponents and cover their own...
ETHICAL PRINCIPLES FOR JUDGES – CAPITA SELECTA
ETHICAL PRINCIPLES FOR JUDGES – CAPITA SELECTA FOREWORD/PRÉCIS A Judge must be and be seen to be free to decide honestly and partiality on the basis of the law and the evidence, without external pressure or media influence and without fear of interference from...
PUBLIC BIAS FUELLED BY FAKE NEWS – A SAD MODERN DAY REALITY
People tend to fall prey to one of the many cognitive biases that skew our ability to observe the world objectively. This is commonly referred to as “belief perseverance” by psychologists. This is even more true when people are emotionally charged in any...
It’s time
This morning I woke up to something somewhat puzzling – a front page newspaper article about my own personal blog where I simply share ideas. My blood boiled after yet another uncalled for attack on me by a former friend, Ronelle Rademeyer who works for Die...
FAKE NEWS
MAINSTREAM MEDIA DISSEMINATION OF FAKE NEWS : CAUSES AND CONSEQUENCES – A CRITICAL ANALYSIS BY; MAREN DE KLERK September 2021 BACKGROUND “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained...
DAMAGE DONE BY FAKE NEWS
Social psychological research has repeatedly demonstrated that retractions often fail to completely eliminate the influence of this information (Lewandowsky, 2012). As an example and according to Walter and Tukachinsky (2019), a recent meta-analysis aggregating32...
THE DANGER OF POOR FACT CHECKING BY JOURNALISTS – MAREN DE KLERK
Journalists are generally not required to disclose their source. They only have to take reasonable steps to verify their story, and provide some (hopefully) credible evidence to substantiate it and have a so called public-interest reason to publish the story. Even if...
FAKE NEWS AS NEWS FOR MAINSTREAM MEDIA – MAREN DE KLERK
Tsfati et al (2020) identifies four important reasons why mainstream News Media covers fake news. These are the following: Journalists’ role perceptions; Traditional news values; Psychology of news decisions; The infrastructure for covering what is going on in the...
MAINSTREAM MEDIA DISSEMINATION OF FAKE NEWS – MAREN DE KLERK
MAINSTREAM MEDIA DISSEMINATION OF FAKE NEWS - MAREN DE KLERK: CAUSES AND CONSEQUENCES – A CRITICAL ANALYSIS BY; MAREN DE KLERK September 2021 BACKGROUND “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can...
LESSONS WHEN ADVERSITY CALLS
When adversity calls, then lessons are learnt. Lessons that are invariably difficult but also enriching. We are taught the lessons that in difficult times some people whom you thought friends will turn their backs on you and completely ignore you, others...
As the Master does
People often ask me what it means to master Life. Of course, it is a question that requires deep thought and reflection, yet I believe the answer is simpler than we think. Let’s take a step back and see what causes us so much pain and distress, and then find the...
EXECUTORS APPOINTMENT
EXECUTORS APPOINTMENT IN TERMS OF THE ADMINISTRATION OF ESTATES ACT, ACT 66 OF 1965 - THE EXTENT OF THE MASTERS POWERS The Master ,if all reporting documents are in order, appoints the Executor in an Estate. Every appointment by the Master, is in terms of...
PIERCING THE CORPORATE VEIL
PIERCING THE CORPORATE VEIL: A BRIEF SYNOPSIS ON NAMIBIAN COMPANY LAW The courts in following South African case law on the subject matter, have for the most steadfastly applied the principle that a company is a distinct legal entity, separate and distinct...
Confidentiality and Non Disclosure Agreement
Confidentiality and Non Disclosure Agreement between _________________________________________________ _________________________________________________ _________________________________________________ (“Receiving Party”) And...
FINANCIAL CONSEQUENCES OF DIVORCE IN SOUTH AFRICA
A BRIEF OVERVIEW The Divorce Act, Act 70 of 1979 determines in terms of section 7(1) thereof that a court granting a decree of divorce may make an order for the division of marital assets or for payment of spousal maintenance in accordance with the written...
Power of Attorney
POWER OF ATTORNEY TO WHOM IT MAY CONCERN I, the undersigned, ______________________, Identity number __________________,of ______________ (address) do hereby nominate, constitute and appoint : _________________________*, Identity number...
Goodbye Dad
Goodbye Dad Dad, how does one say farewell not knowing you decided to leave us slightly earlier than anyone expected? One night after your passing , you left a feather in the room you always slept.. A feather for remembrance A feather for love A...
COMMENTS ON THE NATIONAL EQUITABLE ECONOMIC EMPOWERMENT FRAMEWORK BILL
1. The NEEEF Bill’s broad purpose is for the bringing about socio-economic transformation in order to enhance equity, social justice and empowerment of the previously disadvantaged majority, and promote a higher economic growth rate, increased employment and more...