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    Section of the Constitution addresses the various circumstances in which international agreements or treaties are applicable in South Africa.

    This provision provides that as a general rule, a n international treaty that has been ratified and approved by the National Parliament, becomes locally enforceable by the courts as part of domestic law when it is transformed or incorporated into local law. Both transformation and incorporation are legislative measures, meaning that they involve the adoption of local legislation to give effect to the treaty in question.

    In the event of incorporation, the local legislation simply adopts the treaty in toto as being applicable as domestic law. Interestingly, section 4 specifies that a self-executing provision of an international agreement is applicable without transformation or incorporation, if it is approved by parliament and consistent with the Constitution. Some scholars have argued that the vagueness of what is meant by a self-executing provision may provoke debate.

    Customary international law refers to rules that are developed as the result of consistent widespread state practice, which practice is viewed as legally binding by those states. In addition, section of the Constitution obliges every court when interpreting legislation to prefer any reasonable interpretation of the legislation which is consistent with international law over any interpretation which is not.

    Importantly, Section 39 1 b of the Constitution obliges courts in South Africa to consider international law when interpreting the Bill of Rights of the Constitution. The Constitutional Court has held that reference to international law in this provision includes both binding as well as non-binding international law.

    Sources of Legislation Print form: Acts of Parliament are initially published in the official Government Gazette. They are also republished commercially in consolidated 'as amended' form by the major South African legal publishers, LexisNexis, Butterworths and Juta. The official version of an Act of Parliament is published in the Government Gazette.

    The Gazette is usually the only printed source of regulations - subordinate legislation issued by government ministers in terms of enabling statutes. Draft bills are occasionally published in the Gazette, but bills are issued as a separate series and obtainable from the Government Printer. The Gazette also includes proclamations, government notices, commencement dates of statutes, price regulation measures and industrial regulations. This is a loose-leaf publication of consolidated acts, kept by up-to-date by annual supplements.

    The set is arranged into subject 'titles' e. Within each 'title' the acts are arranged chronologically. The index volume vol. The chronological index also lists repealed acts, with details of the repealing legislation. Indexes at the end of each 'title' include: Although the full text of regulations is not reproduced in this work, there is a section containing references to regulations passed in terms of the acts.

    These references include the regulation gazette or the government notice number, the Government Gazette number and date of publication. Juta publishes an annual edition of its seven-volume set of consolidated statutes. Juta classifies the acts into 18 groups and subgroups according to their subject matter.

    The full text of principal acts is given, but amending acts appear in abbreviated form, because the amendments will have been incorporated into the relevant principal acts. Substantive provisions in amending acts are reproduced in full.

    The index volume provides alphabetical and chronological tables of statutes and an alphabetical index to groups and subgroups. Other indexes include 'Legislation Judicially Considered', which lists leading cases on particular sections of the statutes; and an index to regulations passed in terms of the various acts, providing the Government Gazette numbers where the regulations may be found.

    Butterworths Regional Legislation Service: Loose-leaf service containing the acts and regulations of the nine provincial governments.

    Butterworths publishes selected acts as part of its Butterworths Legislation Service. This service is aimed at legal practitioners, and the acts selected tend to be those which are used in everyday legal practice and which change frequently e. This loose-leaf service is updated quarterly, and is thus reasonably up-to-date. Unlike the main Butterworths set of statutes, these works reproduce the full text of the regulations and rules made in terms of the acts.

    There are several other loose-leaf services to specific acts, often published under the name of an individual editor.

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    These works include both the principal acts and the regulations made in terms of these acts, and regulations are thus more easily accessible. There is usually editorial commentary discussing the statutory material. Blackman - Commentary on the Companies Act. Budlender - Juta's New Land Law. Davis - Juta's Income Tax. Erasmus - Superior Court Practice. Harms - Civil Procedure in the Superior Courts.

    Meskin - Henochsberg on the Companies Act. Meskin - Insolvency law and its Operation in Winding-up. Reyburn - Competition Law of South Africa. Juta and Butterworths products: The Butterworths and Juta products discussed above are available in electronic form, and may be purchased either as stand-alone or networked CD-ROMs, or may be accessed from the publishers' online services.

    The electronic versions of the South African Statutes products are substantially similar to the print versions, including all indexes, and may thus be used in the same way. However, the electronic versions also allow a range of keyword searching options.

    If the library subscribes to additional products such as the online law reports, indexes such as 'legislation judicially considered' will link directly to the full text of the cases concerned. The statutes collections published in electronic form include the full text of many regulations.

    Both publishers produce 'libraries' on particular topics, for example Constitutional law, Labour law, Company law, etc. These electronic libraries typically include relevant statutes, case law and commentaries, and some include journal articles, full text electronic textbooks, and regulations.

    Free Sites Available on the Internet: Policy and Law Online News: This is a privately-run site, providing a wealth of government information. The site includes the full text of legislation: Bills sinceand Acts sinceand also provides the full text of: The official website of the Parliament of South Africa provides full text of acts passed from onwards, and the full text of bills since The site also provides background information on Members of Parliament and the legislative process; selected Parliamentary papers, Parliamentary Committee reports and Hansard reports.

    The official website of the South African Government provides full text of acts passed sinceand the full text of bills since The full text of many regulations is also reproduced here. The site provides the full text of many speeches and policy and information documents, including white papers and green papers.

    It also provides useful background information on various aspects of the South African governmental structure and process, as well as links to the various Government Departments and the Provincial Governments. The Parliamentary Monitoring Group site tracks the activities of Parliament and the Parliamentary Select Committees, and follows the progress of discussion papers, white papers, and bills i. There are links to the various provincial governments from the South African Government site.

    Many of the provincial governments publish provincial legislation and official policy documents online. The World Legal Information Institute provides links to some of the sites mentioned above, as well links to a few other South African acts. Search under South Africa in the Worldlii catalogue. Both and Juta offer free 'legislation watch' services, with weekly updates on new statutes and regulations at both national and provincial level. See the publishers' websites for more information.

    Case Law Sources 5. From onwards, decisions of the Appellate Division were reported in addition to the separate reports for the four Provincial Divisions. Juta, South Africa's oldest legal publisher has published law reports since the mid-nineteenth century.

    The other major South African legal publisher, Butterworths now LexisNexis Butterworthslaunched several series of law reports in the 's. These cases have been collected and published in a single volume: Juta,covering the period - Recently, Mark Stranex, a South African advocate, has edited several loose-leaf 'casebooks' aimed at practitioners, and containing the full text of the most important judgments in particular areas of law.

    These include Judgements on Copyright first issued in ; Insolvency Judgements: Other specialised series of law reports include Juta's South African Tax Cases since and the Butterworths series: This four-volume work includes tables of cases; a 'noter-up' which is similar to the American Shepards, and provides information on the subsequent history of points of law set down in a case ; indexes to judicial interpretation of legislation and legal 'words and phrases'; and a two-volume subject index.

    This four-volume work contains tables of all cases reported in the series since ; a table of Case Annotations for both local and foreign cases referred to in South African judgments outlining the nature and extent of the consideration given to the prior judgement ; a table of legislation considered by the courts and a two-volume subject index.

    Juta has also published various indexes to its law reports for each division of the High Court for the period There are separate indexes for other series of law reports including the Butterworths Index to Constitutional Cases sincewhich indexes cases on constitutional matters reported in the Butterworths Constitutional Law Reports and the South African Law Reports.

    This cumulative index is updated annually. Another annually cumulated index, the Butterworths Labour Law Reports Index covers cases reported in this series since Translations of the South African Law Reports: South African judgments were historically reported in the language in which they were delivered.

    In the past, this was in either of the two official languages, English and Afrikaans. Juta published the English translations of Afrikaans judgments in its South African Law Reports Translations and revived this series briefly in the mid 's. Both Juta and LexisNexis Butterworths produce electronic versions of the post law reports outlined above and the Appellate Division since The 'electronic libraries' produced by each publisher discussed above include relevant case law.

    South African cases are reported very selectively, but both Juta and LexisNexis provide access to cases that were considered for publication, but did not subsequently appear in the printed law reports.

    Free Case Law Online: The Constitutional Court and Supreme Court of Appeal sites provide easy access to judgments as supporting documentation for some of the cases including affidavits, submissions by interested parties, counsels' heads of argument, and unreported judgments from the court a quo where applicable. Links to judgments from other Courts can also be accessed from the Constitutional Court website.
    As several readers have pointed out to me and from my own personal experiences, Zoosk is one of the those dating sites that seems to have a lot going for it on paper, but in reality has little to offer.

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    Free members seem to have access to all of the normal Zoosk features, with a limit on how many people they can initiate contact with for free. Alternatively, paid Zoosk members can initiate contact with as many people as they like, and in turn can allow non-paying members to contact them for free. Phone support and a money-back guarantee are also offered to paid Zoosk members.

    Unique Features of Zoosk Zoosk has an extremely quick sign up process - about two minutes in total although the site says it'll only take 30 seconds, that wasn't this Guide's experience. As well, Zoosk caters not only to heterosexuals, but also gays and lesbians. Zoosk Membership Costs Currently free "for a limited time only", but the site has stated it is either free or is offering a free 7-day trial for several years. A no-questions asked refund is available, but nowhere on the site does it state how long the refund is valid for.

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    The people tend to start cursing and talking about sex all the time and that gets sickening, the way they talk!!! The site instructs you to report a person if they are out of control my own words but they don't do anything and I feel it is because they want the people to become paying members and if they do boot someone it may give them a bad name Now for the site itself, it is good and there is wide option of people to meet.

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    History[ edit ] The modern scam is similar to the Spanish Prisoner scam which dates back to the late 18th century. In exchange for assistance, the scammer promised to share money with the victim in exchange for a small amount of money to bribe prison guards. There are many variants of the letters sent.

    One of these, sent via postal mail, was addressed to a woman's husband, and inquired about his health. According to Cormac Herley, a Microsoft researcher, "By sending an email that repels all but the most gullible, the scammer gets the most promising marks to self-select.

    They refer to their targets as Maghas, slang developed from a Yoruba word meaning "fool" and referring to gullible white people. Some scammers have accomplices in the United States and abroad that move in to finish the deal once the initial contact has been made.

    The details vary, but the usual story is that a person, often a government or bank employee, knows of a large amount of unclaimed money or gold which he cannot access directly, usually because he has no right to it.

    Such people, who may be real but impersonated people or fictitious characters played by the con artistcould include, for example, the wife or son of a deposed African leader who has amassed a stolen fortune, a bank employee who knows of a terminally ill wealthy person with no relatives, or a wealthy foreigner who deposited money in the bank just before dying in a plane crash leaving no will or known next of kin[28] a US soldier who has stumbled upon a hidden cache of gold in Iraq, a business being audited by the government, a disgruntled worker or corrupt government official who has embezzled funds, a refugee, [29] and similar characters.

    The money could be in the form of gold bulliongold dust, money in a bank account, blood diamondsa series of checks or bank drafts, and so forth. The sums involved are usually in the millions of dollars, and the investor is promised a large share, typically ten to forty percent, in return for assisting the fraudster to retrieve or expatriate the money. Although the vast majority of recipients do not respond to these emails, a very small percentage do, enough to make the fraud worthwhile, as many millions of messages can be sent daily.

    To help persuade the victim to agree to the deal, the scammer often sends one or more false documents which bear official government stampsand seals. Often a photograph used by a scammer is not a picture of any person involved in the scheme. Multiple "people" involved in schemes are fictitious, and in many cases, one person controls many fictitious personae used in scams.

    Could you help us with a loan? This is the money being stolen from the victim; the victim willingly transfers the money, usually through some irreversible channel such as a wire transferand the scammer receives and pockets it. More delays and additional costs are added, always keeping the promise of an imminent large transfer alive, convincing the victim that the money the victim is currently paying is covered several times over by the payoff.

    Sometimes psychological pressure is added by claiming that the Nigerian side, to pay certain fees, had to sell belongings and borrow money on a house, or by comparing the salary scale and living conditions in Africa to those in the West. Much of the time, however, the needed psychological pressure is self-applied; once the victims have provided money toward the payoff, they feel they have a vested interest in seeing the "deal" through. Some victims even believe they can cheat the other party, and walk away with all the money instead of just the percentage they were promised.

    During the course of many schemes, scammers ask victims to supply bank account information. Usually this is a "test" devised by the scammer to gauge the victim's gullibility ; [7] the bank account information isn't used directly by the scammer, because a fraudulent withdrawal from the account is more easily detected, reversed, and traced.

    Scammers instead usually request that payments be made using a wire transfer service like Western Union and MoneyGram. The real reason is that wire transfers and similar methods of payment are irreversible, untraceable and, because identification beyond knowledge of the details of the transaction is often not required, completely anonymous. Telephone numbers used by scammers tend to come from burner phones. In Ivory Coast a scammer may purchase an inexpensive mobile phone and a pre-paid SIM card without submitting any identifying information.

    If the scammers believe they are being traced, they discard their mobile phones and purchase new ones. Recipient addresses and email content are copied and pasted into a webmail interface using a stand-alone storage medium, such as a memory card. The police seized thousands of Nigerian and non-Nigerian passports, 10, blank British Airways boarding passes, 10, United States Postal money orderscustoms documents, false university certificates, printing plates, and computers.

    One individual estimated he sent emails per day and received about seven replies, citing that when he received a reply, he was 70 percent certain he would get the money. They hoped to have the service, dubbed "Eagle Claw", running at full capacity to warn a quarter of a million potential victims. One particularly notable case of scam baiting involved an American who identified himself to a Nigerian scammer as James T.

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    When the scammer — who apparently had never heard of the television series Star Trek — asked for his passport details, "Kirk" sent a copy of a fake passport with a photo of Star Trek's Captain Kirk, hoping the scammer would attempt to use it and get arrested. The time between the funds appearing as available to the account holder and the check clearing is known as the "float", during which time the bank could technically be said to have floated a loan to the account holder to be covered with the funds from the bank clearing the check.

    Even after it has cleared, funds may be reclaimed much later if fraud is discovered. The check given to the victim is typically counterfeit but drawn on a real account with real funds in it.

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    With correct banking information a check can be produced that looks genuine, passes all counterfeit tests, and may initially clear the paying account if the account information is accurate and the funds are available.

    However, whether it clears or not, it eventually becomes apparent either to the bank or the account holder that the check is a forgery. This can be as little as three days after the funds are available if the bank supposedly covering the check discovers the check information is invalid, or it could take months for an account-holder to notice a fraudulent debit. It has been suggested that in some cases a genuine check, from the payer's account, is issued with intent to defraud: Regardless of the amount of time involved, subject to certain limits, once the cashing bank is alerted the check is fraudulent, the transaction is reversed and the victim's account debited; this may lead to it being put in overdraft.

    Western Union and MoneyGram wire transfers[ edit ] A central element of advance-fee fraud is the transaction from the victim to the scammer must be untraceable and irreversible. Otherwise, the victim, once they become aware of the scam, can successfully retrieve their money and alert officials who can track the accounts used by the scammer.

    Wire transfers via Western Union and MoneyGram are ideal for this purpose. International wire transfers cannot be cancelled or reversed, and the person receiving the money cannot be tracked. Other non-cancellable forms of payment include postal money orders and cashier's checks, but wire transfer via Western Union or MoneyGram is more common.

    Anonymous communication[ edit ] Since the scammer's operations must be untraceable to avoid identification, and because the scammer is often impersonating someone else, any communication between the scammer and his victim must be done through channels that hide the scammer's true identity. The following options in particular are widely used. Web-based email[ edit ] Because many free email services do not require valid identifying information, and also allow communication with many victims in a short span of time, they are the preferred method of communication for scammers.

    Some services go so far as to mask the sender's source IP address Gmail being a common choicemaking the scammer more difficult to trace to the country of origin.

    While Gmail does indeed strip headers from emails, it is, in fact, possible to trace an IP address from such an email. Scammers can create as many accounts as they wish, and often have several at a time.

    In addition, if email providers are alerted to the scammer's activities and suspend the account, it is a trivial matter for the scammer to simply create a new account to resume scamming. The fraudster impersonates associates, friends, or family members of the legitimate account owner in an attempt to defraud them. Fax transmissions[ edit ] Facsimile machines are commonly used tools of business, whenever a client requires a hard copy of a document. Thus, scammers posing as business entities often use fax transmissions as an anonymous form of communication.

    This is more expensive, as the prepaid phone and fax equipment cost more than email, but to a skeptical victim it can be more believable. SMS messages[ edit ] Abusing SMS bulk senders such as WASPsscammers subscribe to these services using fraudulent registration details and paying either via cash or stolen credit card details.

    They then send out masses of unsolicited SMSes to victims stating they have won a competition, lottery, reward, or like an event, and they have to contact somebody to claim their prize.

    Typically the details of the party to be contacted will be an equally untraceable email address or a virtual telephone number.

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    These messages may be sent over a weekend when the staff at the service providers are not working, enabling the scammer to be able to abuse the services for a whole weekend. Even when traceable, they give out long and winding procedures for procuring the reward real or unreal and that too with the impending huge cost of transportation and tax or duty charges. A recent mid innovation is the use of a Premium Rate 'call back' number instead of a website or email in the SMS.

    On calling the number, the victim is first reassured that 'they are a winner' and then subjected to a long series of instructions on how to collect their 'winnings'. During the message, there will be frequent instructions to 'ring back in the event of problems'. The call is always 'cut off' just before the victim has the chance to note all the details.

    Some victims call back multiple times in an effort to collect all the details. The scammer thus makes their money out of the fees charged for the calls. Telecommunications relay services[ edit ] Many scams use telephone calls to convince the victim that the person on the other end of the deal is a real, truthful person.

    The scammer, possibly impersonating a person of a nationality, or gender, other than their own, would arouse suspicion by telephoning the victim. The scammer may claim they are deaf, and that they must use a relay service. The victim, possibly drawn in by sympathy for a disabled caller, might be more susceptible to the fraud.

    FCC regulations and confidentiality laws require operators to relay calls verbatim and adhere to a strict code of confidentiality and ethics. Thus, no relay operator may judge the legality and legitimacy of a relay call and must relay it without interference. This means the relay operator may not warn victims, even when they suspect the call is a scam.

    In a common strategy, they bind their overseas IP address to a router or server located on US soil, allowing them to use US-based relay service providers without interference. TRS is sometimes used to relay credit card information to make a fraudulent purchase with a stolen credit card.

    In many cases however, it is simply a means for the con artist to further lure the victim into the scam. Invitation to visit the country[ edit ] Sometimes, victims are invited to a country to meet government officials, an associate of the scammer, or the scammer themselves.

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    Some victims who travel are instead held for ransom. Scammers may tell a victim that they do not need a visaor that the scammers will provide one; [42] if the victim does this, the scammers have the power to extort money from the victim.

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    According to a U. State Department report, over fifteen persons were murdered between and in Nigeria after following through on advance-fee frauds. Internet fraudList of email scamsand phishing There are many variations on the most common stories, and also many variations on the way the scam works.

    Some of the more commonly seen variants involve employment scamslottery scamsonline sales and rentals, and romance scams. Many scams involve online sales, such as those advertised on websites such as Craigslist and eBayor property rental.

    This article cannot list every known and future type of advanced fee fraud or scheme; only some major types are described.

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    Additional examples may be available in the external links section at the end of this article. The scammer sends a letter with a falsified company logo. The job offer usually indicates exceptional salary and benefits, and requests that the victim needs a "work permit" for working in the country, and includes the address of a fake "government official" to contact.

    The "government official" then proceeds to fleece the victim by extracting fees from the unsuspecting user for the work permit and other fees. A variant of the job scam recruits freelancers seeking work, such as editing or translation, then requires some advance payment before assignments are offered. Many legitimate or at least fully registered companies work on a similar basis, using this method as their primary source of earnings. Some modelling and escort agencies tell applicants that they have a number of clients lined up, but that they require some sort of prior "registration fee", usually paid in by an untraceable method, e.

    The scammer contacts the victim to interest them in a "work-at-home" opportunity, or asks them to cash a check or money order that for some reason cannot be redeemed locally. In one cover story, the perpetrator of the scam wishes the victim to work as a "mystery shopper", evaluating the service provided by MoneyGram or Western Union locations within major retailers such as Wal-Mart.

    Later the check is not honoured and the bank debits the victim's account. Schemes based solely on check cashing usually offer only a small part of the check's total amount, with the assurance that many more checks will follow; if the victim buys into the scam and cashes all the checks, the scammer can steal a lot in a very short time.

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