Die grootste moontlike opbrengs met die kleinste moontlike kapitaalrisiko is dikwels waarna mense mik wanneer hulle ’n finansiële raadgewer oor beleggings raadpleeg, skryf Pieter Willem Moolman. Dit klink dalk na ’n eenvoudige opdrag, maar die kliënt moet deeglik begryp wat hy eintlik vra. Soveel opsies bestaan op dié beleggingsgebied dat dit uiters moeilik is om die lys uit te dun sodat ’n toepaslike belegging voorgestel kan word. Elke kliënt het spesifieke behoeftes en omstandighede wat in ag geneem moet word, waaronder sy of haar ouderdom, beroep, beskikbare geld en tydsduur. Daar bestaan dus nie ’n bloudruk nie; elke kliënt se situasie en behoeftes is uniek en moet sodanig hanteer word. Iemand wat 65 jaar oud is, pensioenfondsgeld het en nou aftree, is byvoorbeeld ’n heel ander soort belegger as iemand van 45 wat geld beskikbaar het en dit in die aandelemark wil belê. Dié verskillende behoeftes dui op van die kernaspekte wat oorweeg moet word. Die tydperk waarvoor die geld belê moet word, moet bepaal word, en wanneer die kapitaal beskikbaar moet wees. Iemand wat aftree, stel waarskynlik meer belang in die hoeveelheid inkomste wat sy kapitaal kan genereer. Daar is baie keer nie genoeg kapitaal beskikbaar om die genomineerde inkomste te lewer nie, met die gevolg dat kapitaal oor tyd verminder. Daar is variasies op dié tema wanneer lewensannuïteite oorweeg word, maar daaroor kan ons op ’n ander dag gesels. Iemand wat “bykomende” geld in aandele belê, sal die beste opbrengs op sy kapitaal verlang, maar behoort te begryp dat die waarde van sy kapitaal aan skommelinge onderworpe sal wees. Daarby moet genoem word dat nie alle beleggings in aandele-portefeuljes noodwendig as riskant bestempel moet word nie. Die belegger moet ten minste ’n basiese begrip van die onderskeie bateklasse hê, asook van die moontlike risiko wat aan elkeen verbonde is, en van die onderlinge wisselwerking tussen hulle. Baie beleggers beskou kontant as ’n . . .
Local skateboarding enthusiasts will have the once-in-a-lifetime opportunity to get first-hand coaching from the top vert skateboarder in the world in the run-up to the 2012 Maloof Money Cup world skateboarding championships. Pierre Luc Gagnon, also known as PLG, was crowned as vert world champion after an amazing skateboarding display at last year’s contest in Kimberley and will be back to defend his title this year from 28 – 30 September. PLG has not only dominated the vert contests of the world’s greatest skateboarding event, the Maloof Money Cup, each year, but has also won numerous other contests like X Games and the Dew Tour. He is considered to be the most prolific winner in vert skateboarding history. PLG will be conducting two vert half-pipe clinics at the amazing Maloof Skate Plaza in Kimberley on 24 and 25 September for anyone keen to get some insider info on the challenges of vert skateboarding. The youth clinic will be offered free of charge, but will be limited to the first forty entrants to sign up via the website on www.maloofmoneycup.com. Twenty entrants will be accommodated for each of the 1-day clinics. Successful participants will receive confirmation and will have to be on site from 16h00 – 18h00 daily. Clinic attendants will not only receive personal attention from the world champion, but loads of cool prizes are up for grabs as well. “This is an unbelievable opportunity for young skateboarders to receive personal training from the best vert skateboarder in the world. This is what the Maloof championship is all about – paying it forward, exposing South African youth to the incredible sport of skateboarding and allowing them to hone their skills. By getting world-class skateboarders to actively assist in helping these youngsters will definitely be a huge boost for the sport in the Northern Cape and the rest of the country. It’s like getting training tips from an Olympic gold medal winner,” mentions Tim McFerran of Maloof . . .
When the CPA took effect on 1 April 2011, the fanfare around the provision in the Act meant that there was a noticeable attempt at compliance by advertisers with its privacy provisions. However, more than a year later it seems that offenders need to be reminded of the requirements in legislation that govern unsolicited commercial messages (spam). With the PPI Bill due to be enacted soon, the legislation prohibiting this practice is thankfully once again receiving attention. “In this regard, offenders should note that the legal landscape for spamming, while being consistent with provisions that have already been in place under the ECT Act for some time, looks set to become more rigorous. There is every indication from policy makers and government that compliance with the CPA and the PPI Bill, when it is eventually enacted, will be far more vigorously enforced,” notes Nick Altini, director and national head of the Competition and Regulatory practice at Cliffe Dekker Hofmeyr. “The Electronic Communications and Transactions Act, 2002 (ECT Act) was ground-breaking in that, for the first time, the legislature addressed the issue of spam, or unwanted unsolicited commercial electronic communications. The ECT Act prescribes that, in the case of electronic unsolicited messages, such as spam emails and SMSes, the sender must include in the message an option for the consumer to cancel their subscription to the mailing list - in other words, to opt out. In addition, the ECT Act provides that, if the consumer requests it, the parties sending the message must disclose the source from which that person obtained the consumer's personal information,” he explains. Altini says that failure to comply with these provisions actually constitutes a criminal offence. “The CPA went further by providing very consumer the right not only to ask direct marketers to desist from engaging in any direct marketing practice (whether electronic or otherwise), but also to pre-emptively block . . .
A reader has approached the Property Poser experts with a few problems, including the manner in which her landlord has dealt with her deposit. The tenant writes that she has been renting a residential property for the past two years. In terms of her original lease agreement, she had to pay a deposit of R3 700 along with a key deposit of R200 and would not receive interest upon refund of the deposit. At some stage the original landlord merged into another company, which simultaneously increased the monthly rental due. The reader states that when she did not agree to this increase, she received a letter of demand for the outstanding amount. The new landlord also insisted that she sign a new lease agreement, which she never did. When she requested a statement of account of how her deposit had been invested, the lessee was told that no interest had accrued, since it was not agreed upon in the original lease agreement. Having had enough, the reader has given the landlord two months’ notice to terminate the lease. The company has indicated that she will be refunded her deposit only, less the amount claimed in the letter of demand. The reader has also been denied her key deposit and told to approach the previous landlord regarding a refund of this and any interest earned. According to Rian du Toit from DTS Attorneys in Port Elizabeth, the Rental Housing Act states that “the landlord may require a tenant, before moving into the dwelling, to pay a deposit which, at the time, may not exceed an amount equivalent to an amount specified in the agreement or otherwise agreed to between the parties”. As far as interest on the deposit is concerned, Du Toit says the Act determines that the landlord must invest the deposit in an interest-bearing account with a financial institution. “The landlord must pay the tenant interest at a rate that may not be less than the rate applicable to a savings account with a bank.” In this regard, the provisions of the Act . . .
The formation of an alliance by four influential environmental NGOs adds momentum to the growing opposition to the controversial method of shale gas mining - which has been banned in more than 150 jurisdictions around the world. The SAFE (Sustainable Alternatives to Fracking and Exploration) Alliance includes the Wilderness Foundation, Treasure the Karoo Action Group (TKAG), the Endangered Wildlife Trust (EWT) and the African Conservation Trust (ACT); and will act as a platform to oppose fracking and seek alternative, more sustainable development options for the targeted fracking areas. “Current fracking applications cover half of the Karoo region and 18% of South Africa. Applications to explore are also spread throughout the foothills of the KZN Drakensberg, one of South Africa’s most important water catchments, including the Tugela river basin. We believe that there are alternative, sustainable activities to capitalise on in these areas which will be environmentally, economically and socially sustainable,” says Wilderness Foundation director, Andrew Muir. “It is incumbent on organisations such as the SAFE Alliance to oppose practices that are clearly not in the best interests of South Africa and its people,” says Muir. The current focus of the SAFE Alliance is to utilise legal tools to oppose the issuing of any license in connection with fracking in South Africa. According to TKAG chairman, Jonathan Deal, “Government and the companies pushing fracking in SA must provide sufficient documentation to prove that the potential and actual environmental, social and economic impacts of the irreversible and controversial mining method have been fully investigated, identified and taken into account in any policy and decision making process.” The South African Department of Minerals was expected to release its task team report on fracking to Cabinet by the end of July. However, the SAFE Alliance has raised concerns that the task team did not have adequate time . . .
Sending invoices electronically (e-invoicing) is on the rise, mainly as a result of this form of invoicing being easy, efficient, and cost effective. E-invoicing is, however, not free from regulation and applicable legislation and regulations must be considered and complied with in order for e-invoices to be lawfully binding. According to Simone Gill, Director in the Technology, Media and Telecommunications (TMT) practice at Cliffe Dekker Hofmeyr, “In terms of the Electronic Communications and Transactions Act, (ECT Act), information will not be without legal force and effect merely on the grounds that it is wholly or partly in the form of a 'data message' (being data generated, sent, received or stored by electronic means). The ECT Act further provides that any requirement in law that a document or information be in writing will be met if the document or information is in the form of a data message and is accessible in a form usable for subsequent reference. E-invoices will be valid in law and binding if the legal requirements prescribed under the ECT Act are met.” Gill explains that these requirements include that: The e-invoice is accessible in a form in which it may be read, stored and retrieved by a customer, whether electronically or as a computer printout, as long as such information is capable of being reduced to electronic form by the party incorporating it. The information contained in the e-invoice is accessible and usable for subsequent reference. The integrity of the information contained in the e-invoice passes the assessment requirements prescribed under the ECT Act (that is an assessment of whether the information has remained complete and unaltered, the purpose for which it was generated and all relevant circumstances). Information required to be retained by law is accessible for subsequent reference, that is the e-invoice is accessible in the format in which it was generated, sent or received or an alternative format which can . . .
An anxious reader tells the Property Poser experts that she concluded a rental agreement with a tenant, which specifically stated that one month’s notice would be given to vacate the premises should the property be sold. The lease agreement was on a month-to-month basis. Earlier this year it appears that the property was, in fact, sold and around this time the tenant gave notice to both owner and agent that she would vacate the property. Shortly thereafter, she reneged on the notice to vacate and refused to move out, citing the PIE Act in her defence. The reader would like to know what her remedies are. Rian du Toit from DTS Attorneys in Port Elizabeth says it appears that the agreement has been properly terminated in view of the fact that the tenant gave notice, which was accepted by the landlord. “The tenant is therefore in unlawful occupation of the property.” In terms of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, or so-called PIE Act, no one may be evicted from a property without a court order, says Du Toit. “A landlord wishing to evict an unlawful occupier has to institute action to initiate the procedure to evict.” Du Toit says a notice authorised by a magistrate must be served on the unlawful occupier as well as the municipality at least 14 working days before the hearing on the eviction. “This notice obviously allows the lessee to oppose the action. At a hearing of the matter, the court will determine whether the landlord is entitled to evict the tenant.” The PIE Act contains reference to issues to be considered by the court, says Du Toit. “These include the rights and needs of children, the elderly and households headed by women.” If the court finds that the owner is entitled to an eviction order, it will also assign a date upon which the unlawful occupier must vacate the premises, says Du Toit. The owner may call in the assistance of the sheriff to remove the occupiers, . . .
In light of the international Circle of Excellence award win and being a Cannes finalist, Boomtown Strategic Brand Agency has once again proven to be a fierce competitor in the industry by winning a Diamond PMR Africa (Professional Management Review) award at the Eastern Cape Province leaders and achievers awards breakfast. This award secured the 1st overall spot for excellence in advertising, becoming the 7th consecutive year for Boomtown winning a PMR award. The PMR awards represent competitiveness, excellence, leadership, customer service and satisfaction which are a true reflection of Boomtown’s culture. The winners are selected through a careful process where surveys are done on a number of respondents in the Eastern Cape including; CEO’s, MD’s, business owners and industry leaders who were asked to rate institutions, companies, departments and individuals against specific criteria, who are not allowed to enter themselves but are solely reliant on nomination by their peers. The survey measures economic growth, development of the region, and levels of innovation and the rating given to companies are purely on respondent’s perception. "Of all our awards this last year, we are exceptionally proud of this one. Being recognized so highly by our fellow Eastern Cape business colleagues, partners and clients is very humbling. We look forward to continually raising the bar for 2012/13.", said Wayne Harrison, Boomtown’s MD With 18 years of industry experience, offices in both Port Elizabeth and Johannesburg, and a staff compliment of 57, Boomtown is living proof of the AdReview 2012 recognition as one of SA’s top agencies. More Info: Author: Gabriela Vleeschouwer from Boomtown. Originally distributed by MyPR.co.za. No of Images Uploaded: None To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: From left to right; Kenny Holloway (Client Service Director), Luvuyo Bangazi (Business Director), Wayne Harrison . . .
The Gordon Institute for Performing and Creative Arts (GIPCA) will present Directors and Directing, a weekend event focussed on Plays and Playwrights, from 24-26 August 2012 Following the popularity of last year’s Directors and Directing symposium, GIPCA acknowledges the need for the existence of such a forum as an annual event: a space for theorists, practitioners and students of the theatre to come together and talk about key issues facing those who work in or watch or write about the theatre. This year, the focus is on Playwrights and Writing for the Theatre. Playwrights, directors, critics and actors will converge from various parts of the country to address some of the key features of these debates. The symposium goes behind the scenes and gets to the core of theatrical performance: the presence (or absence) of the written text. The scarcity of playwrights writing for the stage is legend in contemporary South African theatre, in stark contrast to the perception of the potential for innumerable stories waiting to be told. In a country of multiple experiences, is there room for the singular voice of the playwright? On the other hand, is this making way for an indulgence of multiple voices as opposed to the authority and craft of the singular playwright? Athol Fugard recently said, ”The truth is that the new South Africa needs committed playwrights who are prepared to bear witness to what is going on every bit as urgently as the old ones did”. Directors and Directing: Playwrights will include theatre visits, performances, play readings and informal talks, but primarily will comprise a symposium with a variety of panels. Addresses will be made by acclaimed playwrights and directors: esteemed writer Sindiwe Magona, whose play Mother to Mother will be presented at the Edinburgh Festival after causing waves at the National Arts Festival in Grahamstown, the Baxter Theatre’s Lara Foot, the provocative and always topical Mike van Graan, Aubrey Sekhabi from the . . .
The recent Constitutional Court ruling that it was unfair for the Road Accident Fund (RAF) to limit compensation to no more than R 25000 if victims were passengers in taxis whose driver caused an accident, meant that Parliament was obliged to further amend the RAF Act. According to Roy Barendse, Director in the Dispute Resolution practice at Cliffe Dekker Hofmeyr, “The RAF (Transitional Provisions) Bill currently under discussion in Parliament notes that an accident victim may either be subjected to the old limitation of R25 000 or be compensated in terms of the provisions of the 2008 amendments. “Since the 2008 amendments, all claims for loss of earnings are capped/limited and general damages are only paid to victims who can prove that they suffered serious injuries. All indications are that the effect of the 2008 amendments was to erode the deficit,” he says “It follows from this week’s discussions, that in the more serious cases, passengers will now receive higher compensation, yet also be subjected to the capping of loss of earnings and will also only be compensated for general damages if they can prove that they suffered serious injuries. Some limitations will therefore still apply. “Further, in view of the current legislation, much less costs will be spent than previously, on the determination of the merits of passenger claims. “The impact of this new Bill may therefore not be as huge as predicted,” says Barendse. “While the Road Accident Fund does have a deficit of over R42 billion, we must not lose sight of the fact that this developed over many decades when claims were uncapped. Also, huge amounts were paid as compensation to foreigner claimants who could recover loss of earnings quantified in their own currency. Barendse adds, “The Department of Transport should do more to address the carnage on our roads. We should not be looking for ways to unfairly limit compensation of innocent victims. Instead, we should be looking at ways . . .