Facebook: More Defamation Danger, and navigating the Minefield

“…..’tis slander, whose edge is sharper than the sword…..”     (Shakespeare)

A recent High Court decision confirms the dangers of posting (or even just allowing yourself to be associated with) any form of defamatory content on the Internet.

An explosive mixture

An explosive mixture underlay the case:  an acrimonious divorce, on-going litigation still smouldering, and – the spark that lit the fuse – Facebook posts attacking the ex-wife.
Two of the posts, authored by the ex-husband’s new wife and appearing on her Facebook page, were found by the Court to have been defamatory –

  1. A comment which effectively painted the ex-wife as being meddlesome and interfering, and
  2. A far more serious comment that implied impropriety relating to a photograph showing the ex-wife’s 16 year old stepson being pelted with a wet sponge by one of her two minor children (a girl of 6 and a boy of 4) in the bathroom. Commenting that “only a depraved mind can see impropriety” in what was obviously a “jovial domestic moment”, the Court held that this second comment was “scandalous to the extreme”, suggesting that the ex-wife “encourages and tolerates sexual deviation, even paedophilia”.  The damage to her reputation was compounded by “snide comments” added to the posting by friends of the poster.

Read more …

Source: Ashersons Attorneys >> Facebook: More Defamation Danger …

Selling property? Watch your wording!

When you agree on a sale, ensure that your agreement is both clear and comprehensive – or risk the pitfalls of litigation.

A case recently before the High Court (on appeal from a District Magistrates Court) involved the sale of a furnished apartment, which the buyer intended to let out as holiday accommodation.  A clause in the sale agreement provided that all furniture and crockery in the apartment was included in the sale at a cost of R80,000, but no inventory of the movables was attached to the agreement.

Subsequently the seller prepared an inventory, which the buyer signed under the impression that it listed the entire contents of the apartment at date of sale.  It didn’t – and the seller was found to have removed several items of furniture subsequent to the sale.

Read more …

Source: Ashersons Attorneys >> Selling your property?…

Property sellers – choose your own attorney!

When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you.

Insist on doing so –

  • It is essential that your rights be protected at all stages of the transfer; choose a conveyancer you can trust to do so with speed and integrity.
  • It is irrelevant that the buyer normally pays the conveyancer (as part of the transfer costs). You carry more risk than the buyer, and there is nothing to stop the buyer from employing his/her own attorney to monitor the transfer on their behalf if they feel this necessary.
  • Have your chosen attorney check the deed of sale before you sign anything. Regular readers of our newsletter will understand just how easily things can go wrong – badly wrong – if the sale agreement is incorrectly or loosely worded.
  • Don’t ever let anyone pressure you into nominating a conveyancer not of your choosing.

Source: Ashersons Attorneys >> Property Sellers …

Bad Neighbours, Unlawful Building, and the Demolition Remedy

“A bad neighbour is as great a calamity as a good one is a great advantage” (Hesiod, 700 BC)

Bad neighbours have it seems been troubling us since at least the days of ancient Greece. If two and a half thousand years later you are unlucky enough to have one, and if the particular calamity visited upon you by said neighbour (loss of a sea view perhaps) results from his/her unlawful building operations, take heart. Our law has a strong and effective remedy for you – a demolition order….

Read more …

Source: Ashersons Attorneys >> Bad Neighbours …

It’s wedding season, but before you tie the knot….

“Keep your eyes wide open before marriage, half shut afterwards” (Benjamin Franklin)

Whether or not you elect to follow the second part of Ben Franklin’s advice, be sure to follow the first – keep your eyes wide open when choosing which “marital regime” will apply to your marriage.

To ANC or not to ANC?  That is the question – Do you or don’t you need an ANC (“antenuptial contract”)?

Firstly, it’s not an admission that you may divorce, so don’t fall into the trap of thinking “we don’t want to even think about divorce so no ANC for us thanks”.  Not only do our divorce statistics make that a very short-sighted approach, but your choice now also affects you both during your marriage and when one of you dies.

Read more …

Source: Ashersons Attorneys >> It’s wedding season …

Cape Town’s Pink River of paint

Cape Town based Architect and Artist, Doung Anwar Jahangeer, has spent the better part of two weeks on his hands and knees painting a bright pink line down some of the major roads in the Cape Town CBD.

His latest piece of artwork follows the underground river that runs from the top of Table Mountain, down Orange Street, through the Company Gardens, past Parliament, down Adderley Street all the way through to the Cape Town Harbour where the rain water is discharged into the harbour.

Doung wants to take artwork outside of “elitist galleries” and bring it out into the open, where the ordinary person on the street can view and appreciate it. He wants to use his artwork in order to educate people about the finer things in life in an attempt to force people to question art, and to come up with their own ideas of what they consider art to be.

What do you think?

PowerBalance Admits Their Wristbands Are a Scam

Okay, firstly I think that I need to make one thing clear from the start: “I told you so, I told you so, I told you so & I absolutely LOVE reading these articles!”

PowerBalance Power Scam

I don’t think this would surprise anyone, but PowerBalance—manufacturers of plastic wristbands with hologram stickers on it—have admitted that there’s “no credible scientific evidence that supports [their] claims and therefore [they] engaged in misleading conduct.” Continue reading

TMobileSA (Mobbee) – The modern day THIEVES of the technology industry

Just how much time and money one is going to waste quickly becomes apparent when one receives an SMS text message on one’s cellphone similar to the following text message, which I received at 5:21pm on the 30th August 2010 from the following cellphone number: +27 (82) 0048440.

The text message reads as follows:

“Welcome to Mobbee. U can view unlimited content! To opt out in the promotion SMS STOP to 37459 help call 0878204085. T & C apply”

Now I should start off by saying the I have NEVER subscribed to TMobileSA’s Mobbee service, nor to a service called Mobbee, nor have I subscribed to any premium rated service (or other) offered by TMobileSA (Mobbee) or any of its subsidiaries. Continue reading