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By HELEN WESTMAN And LAURA SCHLEBUSCH What is the purpose of marking correspondence “without prejudice”? The general position is that without prejudice correspondence is inadmissible in court. The term “without prejudice” means without the loss of rights. Ordinarily when parties attempt to settle a matter, such correspondence would be marked “without prejudice”. The purpose of this is to guard against an argument by one party that a concession made or offered in bona fide without prejudice negotiations constitutes a waiver of a right or an admission of liability by the other party. It therefore affords parties to a dispute the opportunity to explore the possibility of settlement ofRead More →

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By GRANT WILLIAMS, TYRON FOURIE And SIBULELE SIYAYA The newly enacted Cybercrimes Act (“Act”) not only creates offences but also codifies and imposes penalties on cybercrimes and defines cybercrime as including, but not limited to, acts such as: the unlawful access to a computer or device such as a USB drive or an external hard drive; the illegal interception of data; the unlawful acquisition, possession, receipt or use of a password; and forgery, fraud and extortion online. The Act criminalises the disclosure of data messages which are harmful and the disclosure of data messages that contain intimate images and seeks to implement an integrated cybersecurityRead More →

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South African court types and levels South Africa’s lower courts Chiefs’ and Headmens Courts Chiefs’ and Headmens Courts administer African customary law, subject to the Council of Traditional Leaders. Small claims courts Small claims courts hear civil cases involving claims below R15,000. Usually these claims are brought by individuals rather than companies. For example, they may involve claims for money or goods that are owed, claims for damages or claims based on violations of contract terms. Magistrates’ courts Magistrates’ courts are divided into district and regional courts. District courts hear civil matters involving claims below R200,000 and less serious criminal cases, involving offences other thanRead More →

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How cryptocurrency Ponzi schemes work At their cores, most cryptocurrency Ponzi schemes are just old-fashioned Ponzi schemes wrapped in the modern, high-tech veneer of cryptocurrency. While the cryptocurrency lingo can be confusing, the schemes themselves are relatively easy to understand. Generally, the fraudsters solicit investments in a cryptocurrency-related business, promise high returns in a short period of time and use the contributions of later investors to pay off earlier investors. At some point, the fraudsters stop making payments and abscond with their investors’ money. In the BitClub Network case, the defendants offered investors shares in cryptocurrency mining pools. Cryptocurrency mining is the process of verifyingRead More →

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There has been some confusion as to the charge of THEFT BY FALSE PRETENCE. I personally accepted that the said offence forms part of what we collectively referred to as Commercial crimes, being fraud, forgery, uttering, theft by false pretences, theft and corruption. During investigations whereby I could identify the named crime, SAPD will refuse to accept such allegation and would confirm that any case with an identified offence involving theft by false pretences must be referred to as fraud. Should the prosecutor decide to prosecute, it will be prosecuted as fraud, and should the prosecutor decide not to prosecute, a civil claim could beRead More →

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Original article by John Rotondi, Port Washington NY, 516 944 8880 and re-posted with his permission. On August 28, 2017, the SEC issued “Investor Alert: Public Companies Making ICO-Related Claims” (https://www.sec.gov/oiea/investor-alerts-and-bulletins/ia_icorelatedclaims). Fraudsters behind public companies are claiming that those companies are associated with, or engaging in, an initial coin offering (ICO). These false claims are being made so as to manipulate the company’s stock in a “pump and dump” scheme. Fraudsters follow current news closely, and will use these events in their pitch. For example, a popular investment scheme in the 1960s was mining for gold in the sea. SEALAB, an experimental underwater habitat developed byRead More →

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The essence of constructive dismissal is that the relationship between the employee and employer has become so intolerable that the employee has no other option but to leave employment with the employer. In terms of our law, an employee generally has to prove the following aspects to show that he was constructively dismissed: The employment circumstances were so intolerable that the employee could not continue to remain in employment. The intolerable circumstances were the reason for the employee’s resignation. There existed no other reasonable alternative for the employee but to resign in order to escape the intolerable circumstances. The intolerable circumstances were caused by theRead More →

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The need for greater and more stringent security measures in the business environment, has seen the introduction of sophisticated control and security systems. These systems increasingly make use of biometric information such as fingerprinting, blood typing, voice recognition, retinal scanning etc. as unique personal identifiers allowing access to/egress from physical locations, programmes, systems or networks. For an employer to implement such control measures, biometric information must be collected from employees, raising the question as to whether employees can be forced to provide biometric information, under which circumstances and for what purposes. Biometric information refers to measurable personal physical characteristics that can be subjected to authenticationRead More →

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“I was recently fired as a manager of a retail company. The company held me responsible for stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any warnings or a disciplinary hearing. Surely, I should at least have had a chance to give my side of the story.” You are correct. In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct, incapacity and operational requirements. In your case, the dismissal is for alleged misconduct.Read More →