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CAVE PECUNIAM: LAWYERS AS LAUNDERERSThe attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the anti-money laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorney-client relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.
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Fuzzy Law and the Boundaries of SecularismThe author delivered a speech at a Religare Conference. Showing his distaste for fuzzy law, he argues that "moderate secularism" is not merely another fuzzy concept, but it is "super-fuzzy", and that lawyers claiming to love certainty "have a tendency to sit in judgment over matters and even pre-judge things they know little about, including legal pluralism" leading to much irritation.
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Parallel Planning Mechanisms as a "Recipe for Disaster"This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA procedures of the Development Facilitation Act 67 of 1995 (DFA) alongside those of the provincial Ordinances to establish townships (or to use DFA parlance, “land development areas”). The welcome and timely decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal has declared invalid chapters V and VI of the DFA. Moreover, it has formalised planning terminology in South Africa, delineated the boundaries of “municipal planning” and “urban planning and development” as listed in Schedules 4 and 5 of the Constitution of the Republic of South Africa, 1996 and, in the process, clarified the structure of planning law. This note examines the decision of the SCA and focus on the role it will clearly have in reforming some of the law relating to planning. It considers the facts of the case, uncertainties around terminology, the structure of planning in South Africa, the content of municipal planning, the role of the DFA and the consequences of the declaration of invalidity by the SCA.