Jy blaai in die argief vir 2012 Februarie.

RSA tax law, an eye opener

Februarie 29, 2012 in Sonder kategorie

http://www.sars.gov.za/lnb/mylnb.asp…drtg/ertg/tabj

 “person” includes any public authority, any municipality, any company, any body of persons (corporate or unincorporate), the estate of any deceased or insolvent person, any trust fund and any foreign donor funded project;

 http://www.sars.gov.za/Tools/Documen…p?FileID=75031

 By the substitution in rule 59A.01 for the definition of “person” of the following definition: “person” includes –

(i) any natural person or any insolvent or deceased estate;

(ii) any juristic person incorporated in the Republic or a juristic person not incorporated in the Republic that has, or any other association of persons whether or not formed in the Republic that has, a place of business at a specific physical address in the Republic;

(iii) any institution, including any scientific or educational institution, for the benefit of its members or the public that is established in the Republic and has a place of business at a specific physical address in the Republic;

(iv) a partnership;

(v) a trust;

(vi) an organ of state;”

and here it is http://www.sars.gov.za/Tools/Documen…p?FileID=64627

 The term “natural person” is a legal term, referring to a living breathing person as opposed to a juristic person such as a company or close corporation.

The term “juristic person” refers to a corporation that is recognized by law as having rights, duties, and the capacity to carry out juristic acts (like entering into contracts) as if it were a natural person.

NOW

Now can someone please tell me by what action did I, or anyone for that matter, become a natural person?

Is a living breathing person born as a natural person?

Can anyone tell me if all living breathing person are by default natural persons?

Can a living breathing person stop being a natural person?

Can a living breathing person be forced to be a natural person?

Can a living breathing person form a contract with another human being?

Can a living breathing person contract with a natural person?

Can a living breathing person contract with a juristic person?

Is a living breathing person tax liable, if he is does not consent to being a natural person?

Blikskottel: Loves digging into legislation.

Lawyers on the take, exposed by Noseweek,

Februarie 28, 2012 in Sonder kategorie

Lawyers on the take Issue #149, 1st March 2012 www.noseweek.co.za

Johannesburg law firm Munnik Basson Dagama Inc (MBD) is having a fine old time with job lots of prescribed debts bought from companies that have written them off – for their associated collections company, MBD Credit Solutions, to pursue. Several aggrieved recipients of letters of demand have voiced their outrage on internet complaints sites, while one reader turned to Noseweek. On 30 January, he received a demand with a difference, framed as a special offer: “We offer you an opportunity of settling your debt at a reduced amount, FNB Card will grant you a discount of % [sic] on your outstanding balance. Contact us today to find out what your final discounted balance will be.” It was an offer our reader most certainly would refuse, responding: “Please stop pestering me with this rubbish.

 

As I have explained when I phoned you at my cost, if I had an FNB card, it was so long ago, this debt has long since prescribed. “When I asked you for details of this claim, you said you had none, just a balance going back many years ago. This is total rubbish, with the banks scraping the bottom of the barrel for more consumers to rip off with their bully tactics.” Noseweek phoned the call centre number on the letter of demand and an operator told us that R4 710 was owing. It related to an FNB account where the last payment was made on 9 January 2003. “But surely the debt has long prescribed?” we asked. This was followed by the kind of silence you might expect if you ask someone to explain Einstein’s theory of relativity. Eventually it was broken: “I can offer you a discount – pay R3 297 and we’ll close the file.”

 

Noseweek then phoned the law firm and asked for one of the partners. We were put through to partner, Philemon Magolego, who intimated that this was not the first complaint he had received. He took our details and promised that someone would get back to us. That someone turned out to be an employee of MBD Credit Solutions, Stephan Venter. He quickly dropped out of the picture when he realised our questions dealt with tricky stuff like ethics and morality.

 

Then on 7 February our reader received a letter from Munnik Basson Dagama, signed Tediya Mathibe, saying that the firm was acting for MBD Securitisation (Pty) Ltd, a comprules of prescription – and be in a position to confirm to irate callers that those debts that were incurred more than three years ago have fallen away. But the letter MBD sent our reader certainly proves what we at Noseweek have long suspected – that law firms specialising in collections buy the debtors’ books of major corporations, presumably at heavily discounted prices. MBD Credit Solutions boasts on its website that the company offers “debt sale and acquisition solutions”, and describes itself as “a substantial buyer of consumer debt in South Africa”.

 

This does, of course, explain why these attorneys have no interest in weeding out claims that have prescribed, or those that for other reasons are unenforceable. The attorneys have a direct financial interest in recovering as many claims as possible, and they will have no compunction about sending out claims that are bad in law when they know that a significant number of people will simply pay up because they don’t know better. There’s the usual disconnect between what’s said and what’s done.

 

MBD – the law firm that sends out demands for debts that have prescribed and employs call centre staff who believe that prescription is something you get at the pharmacy – boasts on its website of “maintaining the highest levels of ethics and integrity”, “compliance with all laws and regulations”, and “highly competent management and staff”. And MBD Credit Solutions boasts on its website that it upholds “a zerotolerance approach to any form of unethical behaviour”, and that it is “compliant with the letter and spirit of the law”. Attorneys, who like to describe themselves as “officers of the court”, have a duty to uphold the law And a duty not to intimidate people into paying money that they don’t owe.

 

Not for the first time Back in 2010, Noseweek reported that a Randburg law firm-cumcollections company, Van de Venter Mojapelo Inc (VVM), had been sending out threatening SMSes and emails for debts that had clearly prescribed or been incurred by people other than those to whom the demands were sent (noses124, 138). One reader had received a demand for rates owing on a house registered in her husband’s name which had been sold nearly 40 years earlier, while another reader, David Wolpert, had received a demand for the debt of a company with whom he had merely been associated – (an inconvenient truth that VVM tried to get around by sending out the demand nonsensically to “Business David Wolpert”).

 

People receiving these demands had found it impossible to get beyond VVM’s call centre, and the firm’s hard-nosed approach went along the lines of, “We’re in possession of your ID and you must pay unless you can prove you’re not liable”. VVM came back with some rubbish about providing a public service because South Africa was “being held hostage by a culture of non-payment”. The firm boasted about having created an enormous collections operation – every month it processed more than 10 million transactions, received over 150 000 calls and made over two million outbound calls. The firm’s website provided a fascinating look at a law firm that saw itself as a business rather than a provider of professional legal services, with all the dull obligations entailed.

 

The firm made it clear that it saw no obligation to screen the claims it was being instructed to collect or to satisfy itself that they were in fact owing: “VVM’s clients have established processes in place to screen arrear accounts prior to handover to VVM, the ultimate onus on proving the claim vests with the particular client”. Wolpert had asked the Law Society to help him “stop this unlawful terrorising of an uninvolved citizen”, but he was given short shrift, and told that attorneys are simply middlemen acting on their clients’ instructions and “representing their clients regarding a claim that their client alleges they have against a debtor”.

 

When Noseweek approached the Northern Provinces Law Society, the response was a little less extreme, with the secretary admitting that the society had considered the issue of “misleading and unacceptable letters of demand used by attorneys to intimidate debtors”, and that “the Law Society has, on occasion, discussed the contents of the letters of demand sent by attorneys Van de Venter Mojapelo Inc with members of this firm”.any “who acquired the rights, title and interest in above mentioned account”. The letter went on to say that “we have since received an instruction from our client to close our collection file herein, which we have duly done.” Problem solved.

 

Blikskottel: Wonder how many people get robbed by “officers of the court”?

 

We are being robbed!

Februarie 28, 2012 in Sonder kategorie

House of Commons Standing Committee on Banking and Commerce, meeting in 1939;

 

“It is absurd to say that our country can issue R30,000,000 in bonds and not R30,000,000 in currency. Both are promises to pay; but one promise fattens the usurer (those asking interest) and the other helps the people”, and;

 

“It is the people who constitute the basis of government credit. Why then cannot the people have the benefit of their own gilt-edged credit by receiving non-interest bearing currency, instead of the bankers receiving the benefit of the people’s credit in interest bearing bonds?”

 

“Income taxes pay the interest to the bondholders”.

 

Then I found this little gem from our local regime:

http://www.sec.gov/Archives/edgar/data/932419/000119312512009168/d267756d424b5.htm

 

REPUBLIC OF SOUTH AFRICA

US$1,500,000,000

4.665% Notes due 2024

The 4.665% Notes due January 17, 2024 (the “Notes”) bear interest at the rate of 4.665% per year, accruing from January 17, 2012. Interest on the Notes is payable on January 17 and July 17 of each year, commencing July 17, 2012. The Notes mature on January 17, 2024. The Notes are not redeemable prior to maturity.

Application has been made to the Commission de Surveillance du Secteur Financier of the Grand Duchy of Luxembourg (the “CSSF”), as competent authority under Directive 2003/71/EC (the “Prospectus Directive”), to approve this Prospectus Supplement together with the accompanying Prospectus as a prospectus for the purposes of the Prospectus Directive.

Application has been made to the Luxembourg Stock Exchange for the Notes to be admitted to trading on the Luxembourg Stock Exchange’s regulated market (which is a regulated market for the purpose of the Market and Financial Instruments Directive 2004/39/EC) and to be listed on the official list of the Luxembourg Stock Exchange.

The Notes will contain provisions regarding acceleration and future modifications to their terms that differ from those applicable to South Africa’s outstanding external debt issued prior to May 16, 2003. Under these provisions, which are described beginning on page 11 of the accompanying Prospectus dated December 18, 2009 (the “Prospectus”), South Africa may amend the payment provisions of the Notes with the consent of the holders of 75% of the aggregate principal amount of the outstanding Notes.

Upon listing and admission to trading of the Notes offered hereunder on the Luxembourg Stock Exchange, copies of this Prospectus Supplement and the accompanying Prospectus dated December 18, 2009 may be obtained from the Luxembourg Stock Exchange website at http://www.bourse.lu.

NEITHER THE U.S. SECURITIES AND EXCHANGE COMMISSION NOR ANY OTHER REGULATORY BODY HAS APPROVED OR DISAPPROVED OF THESE SECURITIES OR PASSED UPON THE ACCURACY OR ADEQUACY OF THIS PROSPECTUS SUPPLEMENT OR THE ACCOMPANYING PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.

 

USE OF PROCEEDS

The net proceeds from the sale of the Notes are estimated to be US$1,497,520,000, after deduction of the underwriting commission and discount and of certain expenses payable by South Africa. South Africa intends to use the net proceeds to repay maturing debt and for the general purposes of the government, subject to section 71 of the PFMA. See “The External Sector of the Economy” and “National Government Debt — Summary of External National Government Debt” in the Annual Report.

There can be no assurance that the Republic’s credit rating will not change

The Republic’s long-term foreign currency debt is currently rated BBB+ by Fitch Ratings and Standard & Poor’s and A3 by Moody’s. On November 9, 2011, Moody’s lowered the Republic’s credit rating outlook from “stable” to “negative” based on concerns that heightened political risk and spending demands were putting pressure on its public finances. Many issuers have been subject to rating downgrades in recent weeks. A credit rating is not a recommendation to buy, sell or hold securities and may be subject to suspension, reduction or withdrawal at any time by the assigning rating agency. Any adverse change in the Republic’s credit rating could adversely affect the trading price of the Notes.

Blikskottel: hates it when he has to pay for things that he never asked for.

Wie is die persoon?

Februarie 27, 2012 in Sonder kategorie

Is die nie een van ons gereelde bloggers nie? Miskien raas my kop maar net vanmore.

 

Blikskottel: Hoop maar elke pot kry ‘n deksel, al vat dit hoe lank.

Technology suppression

Februarie 24, 2012 in Sonder kategorie

There has always been lots of conspiracy theories about technology that is supressed by large multi-national companies and even governments. With all the problems around the supply of oil, this one caught my eye.

 

Hopefully it is not just a theory and if not, those who was supressing the technology will be found, flogged and then jailed. Imagine that: Your car could go for 1000 miles on one gallon of petrol!

http://sovereignwarriors.ning.com/profiles/blog/show?id=6194679%3ABlogPost%3A149507&xgs=1&xg_source=msg_share_post

Blikskottel: Knows that there must be may inventions that are hidden from us.

More on the liquidators scam

Februarie 23, 2012 in Sonder kategorie

Reveived from the Johan Joubert foundation:

http://micro2.majesticinteractive.co.za/bf.php?fid=784

 

This could turn into the biggest financial scandal in South Africa’s history. Following my report on Monday, “Liquidator Scandal”, emails have been streaming in from people who feel they’ve been swindled by the auction houses. I even received an email from an accountant who previously worked at an auction house, and who confirmed that the newspaper reports are true and that these fraudulent practices are standard practice.

 

I’ve also had emails from members who bought at these auctions and are now very concerned – and I think there may be good reason for serious concern! If the allegations of fraud against Auction Alliance are true, it will have far-reaching consequences, because apparently it’s a serpent’s nest, involving many roleplayers. The papers say that banking officials were bribed to repossess properties from people who were experiencing financial difficulties, and then these properties were passed on to the auction houses to be sold. Apparently other auction houses were also implicated in Auction Alliance’s alleged fraud, and they all shared in the proceeds of the alleged crimes.

 

Liquidators, like typical vultures, were also implicated by the reports – because just like in nature, where there are financial carcasses, there are financial vultures. Many attorneys and valuators are also involved, of course.

 

Although the current allegations are only allegations – and we also know how the papers can take things out of context – the court has already found that Auction Alliance is intentionally misleading people. On 3 August 2011, Acting Judge LP Halgryn handed down the judgement in the Gauteng High Court, and fined Auction Alliance millions of rands. You can read the full judgement at the following link: http://www.saflii.org/za/cases/ZAGPJHC/2011/87.html.

 

What does this mean for us, the ordinary people? I am not a legal expert, but let’s speculate a little. If the court finds that an auction house’s auction process was fraudulent and illegal, it means that all properties sold by them during the period when they were using the fraudulent procedure were sold illegally. This means that all these transactions are null and void, and the previous status must be restored. People who bought properties at their auctions will have to give the properties back, and will have to get their money back from the auction house if they still have the money!

 

All liquidations that were the result of these fraudulent auctions, where houses were “stolen” at prices far below market value and where the owners were then sued by the bank for the shortfall on the price and were consequently liquidated, are null and void. The houses must be returned to the owners, their legal status and credit status must be restored, and the bank’s repossession process must start from the beginning again. This means, of course, that investors who bought houses on the fraudulent auctions could lose their houses, and possibly any money that they’ve already paid for them. This is the bad news!

 

The good news is that people whose houses were repossessed by the banks as part of the auction house’s fraudulent scheme and bribery must get their houses back, and must very possibly also be compensated for the damages they suffered. This could run to enormous amounts when the personal trauma that results from an illegal liquidation is translated into rands and cents! One thing that counts in Auction Alliance’s favour is that they apparently have lots of money and can finance massive, long court cases. Their friends – the banks, and the banks’ owners, the insurance giants – will naturally also help, because if they don’t win this one, it’s the end of the whole Evil Empire.

 

They could perhaps tire their enemies out through fighting and win the case that way. One thing that counts against them is that one of their buyers who has now laid charges, Wendy Appelbaum, is a billionaire, who, according to Die Burger of 20 February, has already made it clear that this is a matter of principle for her. She says, “I will not stop fighting for what is right.” I wonder whether she knows what she’s up against? These are BIG powers.

 

Blikskottel: Knows recognizes big trouble when he sees it.

The banks and their lawyers better watch out

Februarie 23, 2012 in Sonder kategorie

I have been following this case with interest, as well as the one that Scott Cundil is involved in. Apart from that I am now at a stage with my own case where the Banking Ombudsman needs to make an adjudication regarding my compaints against MFC/Nedbank and their unlawful practices.

 

From Michael:

STD Bank South Africa VS Michael Tellinger

29 July 2011 In November 2010 I started a series of communication with Standard Bank of South Africa Limited. It has been an interesting twist of events and after 3 un-rebutted and unanswered affidavits from me to the bank, instead of simply answering a few questions, they eventually took action against me with an application for Summary Judgement.

 

I responded with a motion to defend and after 3 months of waiting to go to court, I finally appeared in my defence against STD bank on Friday 29th July 2011. I took the stance that the Bills of Exchange Act should be applicable to all and that I should have the same rights to apply it, the same way that the bank does.

 

I claim that I settled the full amount with a Liquid Negotiable Instrument as specified in the Bills of Exchange Act and therefore the matter is closed and the bank should honour my mortgage payment.

 

This was the first time in SA that any such motion has NOT been thrown out by the judge. All previous cases have either been thrown out or have simply disappeared off the court records. I was also the first Layperson to defend himself against the bank and a team of the most experienced and highest paid lawyers money can buy, in the Johannesburg Supreme Court of South Africa.

 

The fascinating thing is that the lawyers from Deneys Reitz attorneys told the judge it was an open and shut case and would not last more than 15 minutes. After a 2,5 hour argument the judge broke for an hour. When we got back, we all expected a judgement and I was quite prepared to face the usual negative outcome – WELL, this did not happen. Judge Van Oosten, was clearly intrigued by the arguments and said he could not rule on the case and needed to THINK about it. We expect the judgement to be delivered by Friday this week.

 

BUT the most crucial part of this story is that I did not ask for a settlement by the bank – I changed my desired remedy to be that we take this matter to TRIAL so that we can call in expert witnesses and be allowed to cross examine bankers so that everyone can learn about their fraudulent activity. I also specified that I want the judge to afford me my constitutional right to a fair trial, according to the Bill of Rights.

 

http://www.businessmasters.co.za/showthread.php/2417-Cundill-at-it-Again-You-owe-the-Bank-nothing.

 

http://micro2.majesticinteractive.co.za/bf.php?fid=1115 (Please download and listen to the actual recording made in the motion court. Michael represented himself)

 

Blikskottel: cannot wait as many more cases like this is being prepared for court.

Threats in plain language for all to see and hear

Februarie 22, 2012 in Sonder kategorie

2012-02-19 Black students rioted last week at the Westville University campus in KwaZulu, assaulting students and lecturers, rampaging through campus and destroying property.

 

In addition, one black student who called himself by two names – namely Siyanda Myende and Shle Shlobo – wrote on the campus’ facebook page this past Wednesday: “Indians will never understand black people because there are too many racial differences.We are born to kill and tomorrow we will wipe out all the Indians on campus. Don’t show up because you will go straight to heaven.’ “For whites we have already started with T.Blanch so we are continuing from there. Tomorrow this is our country we don’t need whites and Indians at UKZN’.

 

Blikskottel: Wonders how long it will take for some people to hear and understand.

A true hero, TANKMAN

Februarie 21, 2012 in Sonder kategorie

“Standing infront of a column of tanks, no one around him, he was all alone with his shopping bags in his hands. He climbed ontop of the tank, banged on the lid and said ‘get out of my city, you’re not wanted here.'”

 

Tank Man, or the Unknown Rebel, is the nickname of an anonymous man who became internationally famous when he was videotaped and photographed during the Tiananmen Square protests on 5 June 1989. Several photographs were taken of the man, who stood in front of a column of Chinese Type 59 tanks, preventing their advance.

 

The most widely reproduced version of the photograph was taken by Jeff Widener (Associated Press), from the sixth floor of the Beijing Hotel, about half a mile (800 m) away, through a 400 mm lens.

 

Another version was taken by photographer Stuart Franklin of Magnum Photos. His photograph has a wider field of view than Widener’s picture, showing more tanks in front of the man. Franklin subsequently won a World Press Award for the photograph. It was featured in LIFE magazine’s “100 Photos that Changed the World” in 2003.

 

Variations of the image were also recorded by CNN and BBC film crews, on videotape, and were transmitted across the world. The still and motion photography of the man standing alone before a line of tanks reached international audiences practically overnight. It headlined hundreds of major newspapers and news magazines and was the lead story on countless news broadcasts around the world. In April 1998, the United States magazine TIME included the “Unknown Rebel” in its 100 most influential people of the 20th century.

 

Blikskottel: Knows we need many more TANKMEN to be truly free.

The unholy foursome, caught out!

Februarie 20, 2012 in Sonder kategorie

Politicians, lawyers, bankers and the latest addition to this group: Auctioneers.

Local guys Auction Alliance have been caught red handed (see the article below). What a horrible way to make money, taking people’s homes away. However, this just proves that the entire asset stripping scam by banks and their allies is coming badly unstuck. It needs to happen as the money system is just not real and the process in which assets are being taken is often illegal. In this case, their own staff turned on them…..isn’t that brilliant?

 

Lawyers and bankers with real human souls must be uged to speak up about what is going on behind the scenes.

http://www.iol.co.za/news/crime-courts/auction-house-implicated-in-kickback-scandal-1.1237281

Please take this survey on how your bank treated you so far:

http://micro2.majesticinteractive.co.za/bf.php?fid=1133

Blikskottel: knows it takes only one man to expose the truth