Useful laws to know

I've added a link to my first post. It's the site where one can check with Home Affairs on their Marital Status by using their ID number.

Home Affairs set this up following the reports of the last few years that foreigners were stealing ID numbers and 'marrying' people, unbeknownst to the people. I'm not being very eloquent here but you all know what I mean.

The site is here: http://home-affairs.pwv.gov.za/status/marital_status.asp
 
National Credit Act - most of which comes into operation 1 June 2007 although some of itn is already with us. I have not had the chance to look at it too closely but this is a BIGGIE which will affect us in any credit situation, including hire purchase, mortgages and the like. It is intended as consumer protection legislation - making the rules of engagement between credit grantors and credit receivers clearer and fairer

i would imagine that it ll have an effect on the way telkom does business

http://www.info.gov.za/gazette/acts/2005/a34-05.pdf

article on some implications for business software- http://www.lorge.co.za/Press Office/National Credit Act.htm

effect on credit bureaus - http://tuitc.newsletter.ltc.co.za/

general info - http://www.tradelaw.co.za/news/article.asp?newsID=78

....
 
dominic said:
National Credit Act - most of which comes into operation 1 June 2007 although some of itn is already with us.
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Yeah. The main focus is shifting to true affordability. A credit grantor may be held liable if proper affordability investigation was not applied during the credit grantig process.
dominic said:
i would imagine that it ll have an effect on the way telkom does business
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I suspect Telkom will simply modify the billing system
 
Stolen from Padded Mouse (thought it would be appropriate to repost her comments here):

1. Put everything in writing, all contracts, all amendments, all correspondence etc... everything.
2. Make written notes of any email / telephonic / sms correspondence too (in other words create a justifiable trail)
3. Never sign a contract without reading it through thoroughly and discussing / negotiating points until all parties are totally satisfied. In fact, take your time, even if it means waiting 24 hours. Most contracts are signed during a period of emotional excessiveness, and most people are not thinking as clearly as they would do normally.
4. Review contracts etc on a regular basis, not just at the pending start or finish of a contract!
 
Stolen from dominic

From today's (19 July 2006) Business Report -

Johannesburg - People who stand surety for others' debt will be protected against over-indebtedness and reckless credit by the new National Credit Act, the ombudsman for banking services (OBS) said on Monday.

The Act, which came into force on June 1, would give credit guarantors the same status and protection as it does credit consumers.

These were the people who stood surety for the debt or obligations of others, often through "emotionally-transmitted debt" or "sexually-transmitted debt".

The former referred to parents assisting their children with student loans while sexually-transmitted debt to one spouse acting as surety for the other.
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dominic said:
full article - http://www.busrep.co.za/index.php?fArticleId=3343997

....a new twist on STDs as in "before we got married we were both clear but it wasn't long before s/he gave me a STD"

be sure to practise safe s ex folks.....the great big condom that is the National Credit Act will only provide automatic protection from 1 June next year

// more seriously - do not sign as a surety unless it there is absolutely no alternative. Often it is not really necessary and if you challenge it / cross out the surety clause the other party will accept it. If you must, make sure it is a limited surety - i.e. not a vaguely defined obligation to pay all debts which may arise at any time in the future. If there is a suretyship clause in a contract this should be highlighted (in bold, in CAPS and just above the signatures) and brought to your attention.
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www.waspa.org.za

wireless applications service provider's association - has a code of conduct (sanctioned by the neworks) which is binding on WASPs and a complaints procedure which can be used to lodge complains for adjudication

the code contains rules for things like
- sms spam
- sms subscription services
- advertising sms services
- adult and childrens services
- sms competitions

& more + there are very detailed advertising guidelines

[the waspa complaints procedure has, in part, replaced the SMSCode web site and initiative]
 
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dominic said:
www.waspa.org.za

wireless applications service provider's association - has a code of conduct (sanctioned by the neworks) which is binding on WASPs and a complaints procedure which can be used to lodge complains for adjudication

the code contains rules for things like
- sms spam
- sms subscription services
- advertising sms services
- adult and childrens services
- sms competitions

& more + there are very detailed advertising guidelines

[the waspa complaints procedure has replaced the SMSCode web site and initiative]
Click to expand...

hope these guys'll stings like wasps when bothered... :D
 
Thanks to ajaK for this post:

INFORMATION NOTICE ABOUT TRAFFIC FINE ARRESTS
The information below was e-mailed to one of our members and is being shared with you. Until we resolve our legal issues related to Traffic Fines and the arresting of car rental companies proxies, please can you notify your staff and proxies of this information supplied below:-
__________________________________________________ ____________
ROADSIDE ARREST ON OUTSTANDING FINES

The LAW SOCIETY OF SA has currently appointed a group of attorneys to deal with this flagrant transgression of the law; for further info on which attorney are taking on cases like these, please call Hester Bezuidenhout 012 338 5872 who will assist .

Know your rights
The traffic/metro police are doing random road block checks. They will also feed your registration into a computer that will show up if you have any outstanding fines. Know your rights.

If you get stopped for outstanding traffic fines - really important for all drivers: Make sure that everybody gets this message.

The Jhb Metro Police, Cape Town Metro Police and other traffic cops have recently developed the nasty habit of locking people up for unpaid fines. These road blocks are typically only happening in and around more affluent areas where their "hit rate" will be higher on traceable entities, with more "fixed" abodes when, as we all know, primary daily offenders in their mini busses literally get away with murder because the cops are too scared to root them out of the townships, or the justice system has no means of putting them over a barrel like the majority of "soft" citizens.

They can only arrest you if:
1. They have the original warrant for your arrest there with them. A copy isn't good enough, saying it's at the station isn't good enough either. They have to show it to you there and then (if they have it, check plan "b").
2. They have to prove that you received the summons in person. It either had to be delivered to you in person or you had to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either).
3. If you do get stopped and they want to arrest you, demand to see the warrant and proof you received the summons (i.e. your own signature on the document when delivered to you).
4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest you inform them there and then you will press charges against them for illegal arrest (record everything that is said to you, as well as the chronological procedure of events in detail). These details may well stand you in good stead for a strong case.
5. Technically, if your arrest is illegal, the taking possession of your car by the police and its driving thereof while you are in custody may also constitute theft.
6. When you are released, go to the SAPS immediately and lay a charge against the arresting law body and relevant official.


*** MAKE SURE YOU CARRY YOUR DRIVER'S LICENCE WITH YOU!! ***


Copied and supplied to SAVRALA MEMBERS by Wayne Duvenage, General Manager (SAVRALA) Cell: 0836766203
__________________
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In Australia it is illegal to have sex in a moving combine harvester.
NO LIES.
So keep that in mind when your in a combine harvester in Australia.
 
I'm sure somebody here will know this and could help me out.

I read somewhere recently (and cant find out where it is now) That it is now illegal to phone somebody under the pretense that they have won a competition in order to get them to come to see you and then sell them something.. IE: What Time share people love doing.

I just got one of those phone calls to let me know that I have won a Holiday, but need to go and collect my voucher. Now if my memory is correct and this is what the law states.. I'll like to go with my Lawyer tonight to go collect :)

Edit Hmm I think its called the Consumer Protection Bill, Which has not been passed yet, Or has it, Does anyone know any thing with regards to this?
 
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Kalvaer said:
I'm sure somebody here will know this and could help me out.

I read somewhere recently (and cant find out where it is now) That it is now illegal to phone somebody under the pretense that they have won a competition in order to get them to come to see you and then sell them something.. IE: What Time share people love doing.

I just got one of those phone calls to let me know that I have won a Holiday, but need to go and collect my voucher. Now if my memory is correct and this is what the law states.. I'll like to go with my Lawyer tonight to go collect :)
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* Terms and conditions apply.

Go and buy your lawyer a beer. You will be much better off.
 
LOL well found this site which gives the details regarding this exact issue: http://www.tradelaw.co.za/news/article.asp?newsID=103

I was not given any terms or anything, Got a phone call to let me know that my Wife and I have won a 7 night Vacation to any distination of our choice in South Africa. All I need to do is come and collect my Voucher tonight to claim my prize.

Now 99% of the time I know this ends up being a time share scam, and to win ,you have buy into their scheme. I was not informed of any such clause or anything else, But it seems as if this law has not been passed it
 
In the topic of traffic law - I particularly like the one about passing on a freeway - have you ever seen what happens when you flash your light to the person in front of you in the right lane???

<quote from act>
Special provisions relating to freeways
323.
(5) Where the driver of a motor vehicle which is being driven in the right-hand traffic lane or in the traffic lane furthest to the right on a freeway (hereinafter referred to as the first vehicle) becomes aware that the driver of another motor vehicle (hereinafter referred to as the second vehicle) intends to overtake the first vehicle, the driver of the first vehicle shall steer that vehicle to a lane to the left of the one in which he or she is driving, without endangering himself or herself or other traffic or property on the freeway, and shall not accelerate the speed of his or her vehicle until the second vehicle has passed.

(6) For the purposes of subregulation (5) the driver of the second vehicle may make the driver of the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof a visible signal by means of flashing the headlights of his or her vehicle.
 
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