Goodbye wireless cellphone waves, Hello smartphones

Smartphones are data-hogs - Source Photo

United States  — The U.S. mobile phone industry is running out of the airwaves necessary to provide voice, text and Internet services to its customers.
The problem, known as the "spectrum crunch," threatens to increase the number of dropped calls, slow down data speeds and raise customers' prices. It will also whittle down the nation's number of wireless carriers and create a deeper financial divide between those companies that have capacity and those that don't.
Wireless spectrum -- the invisible infrastructure over which all wireless transmissions travel -- is a finite resource. When, exactly, we'll hit the wall is the subject of intense debate, but almost everyone in the industry agrees that a crunch is coming.
The U.S. still has a slight spectrum surplus. But at the current growth rate, the surplus turns into a deficit as early as next year, according to the Federal Communications Commission's estimates.
"Network traffic is increasing," says an official at the FCC's wireless bureau. "[Carriers] can manage it for the next couple years, but demand is inevitably going to exceed the available spectrum."
How did we get here?
The number-one biggest driver is consumers' insatiable thirst for e-mail, apps and particularly video on their mobile devices -- anywhere, anytime. Global mobile data traffic is just about doubling every year, and will continue to do so through at least 2016, according to Cisco's (CSCO, Fortune 500) Mobile Visual Networking Index, the industry's most comprehensive annual study.
The iPhone, for instance, uses 24 times as much spectrum as an old-fashioned cell phone, and the iPad uses 122 times as much, according to the Federal FCC. AT&T says wireless data traffic on its network has grown 20,000% since the iPhone debuted in 2007.

Video and mobile are breaking the Internet

"We got into this principally because technology and demand exploded at a rate that nobody had anticipated," says Rory Altman, director of technology consultancy Altman Vilandrie & Co.
Another catalyst is the way the U.S. government allocated spectrum. The bands that wireless companies hold were broken up into small chunks across various markets, which was helpful in increasing competition in the 1990s.
But the patchwork nature has proven problematic for new technologies like high-speed 4G broadband. Bigger swaths of uninterrupted spectrum provide the larger amounts of bandwidth needed for delivering faster speeds.
One more contributing factor is that TV broadcasters and government agencies like NASA and the Department of Defense hold some of the best spectrum -- relatively low-frequency radio waves that can travel long distances and penetrate buildings.
There are also businesses such as Dish Network (DISH, Fortune 500) that have large spectrum allotments but aren't currently using them. (Dish is exploring its options for either using or selling its spectrum. A group of cable companies with unused spectrum recently struck a $3.6 billion pact to sell their holdings to Verizon in a deal that's facing heavy regulatory scrutiny.)
The spectrum crunch is not an inherently American problem, but its effects are magnified here, since the United States has an enormous population of connected users. This country serves more than twice as many customers per megahertz of spectrum as the next nearest spectrum-constrained nations, Japan and Mexico.
When spectrum runs short, service degrades sharply: calls get dropped and data speeds slow down.
That's a nightmare scenario for the wireless carriers. To stave it off, they're turning over rocks and searching the couch cushions for excess spectrum.
They have tried to limit customers' data usage by putting caps in place, throttling speeds and raising prices. Carriers such as Verizon (VZ, Fortune 500), AT&T (T, Fortune 500), Sprint (S, Fortune 500), T-Mobile, MetroPCS (PCS) and Leap (LEAP) have been spending billions to make more efficient use of the spectrum they do hold and billions more to get their hands on new spectrum. And they have tried to merge with one another to consolidate resources.
The FCC has also been working to free up more spectrum for wireless operators. Congress reached a tentative deal last week, approving voluntary auctions that would let TV broadcasters' spectrum licenses be repurposed for wireless broadband use.
But freeing up more spectrum won't be enough to solve the problem.
"There is no one solution that will address all the needs of the wireless industry," says Dan Hays, a partner at PricewaterhouseCoopers who specializes in telecom issues.
The good news is that there are ways to buy time. Several innovative approaches are in the works, and there's a decent amount of spectrum out there that could be turned over to the carriers' possession.
The bad news is that none of the fixes are quick, and all are expensive. For the situation to improve, carriers -- and, therefore, their customers -- will have to pay more.
"For a while we won't notice the quality of service changes, but over time as devices get better and use more data, we'll start to take notice," Altman says. "Consumers will notice it, and the burden will fall on the carriers to fix it."

As posted by CNN 

Bastion onderwyser in ernstige ongeluk

Mevrou Jeanetta Lubbe tydens 'n funksie by die skool - Source Photo

South Africa — Een van die onderwysers van die Hoërskool Bastion was gister,  20 Februarie,  in 'n ernstige kop-aan-kop botsing met 'n ander voertuig op CR Swart Rylaan in Roodepoort.  

Mevrou Jeanetta Lubbe was oppad na Bastion waar sy die pos van skoolsielkindige beklee toe sy vermoedelik deur 'n voertuig wat gegly het getref was en toe deur 'n muur gery het.  

Sy herstel tans in Flora Clinic nadat sy 'n enkel,  en beide haar bene gebreuk het,  sy het ook weefsel beskadiging opgedoen.  Volgens die personeel van die Neurologies Intesiewe Sorgeenheid gaan dit goed met Lubbe en wag sy nou net op 'n operasie wat vandag,  21 Februarie,  gedoen sal word.  

Onderwyser beskryf haar as 'n gawe,  behulpsame persoon en hul wens haar 'n vinnige herstel toe. 

The state of the country due to corruption in its courts not the police

South Africa — "The police are corrupt that's why the country is in this state,"  "The police do not know what they are doing,"  are just some of the comments flying around about the South African Police Service,  but non of us look at the court and the corruption in the courts,  who actually make the decission of imprisonment or bail. 
The police can not be blaimed for the corruption,  sure there are a few cops corrupt in each police station but still they do help people to receive bail and a fair trial,  if one looks at the salary police officers receive for the work they do it is understandable that they would become corrupt,  R3000-R5000 is simply not enough. 
But our focus in this article is on the courts,  who we did not look upon for explanations until now. 
Everyday thousand of cases are tried in our country,  and then they get postponed or a murderer gets bail of R500.  That is why so many people go missing,  are raped,  get killed etc.  Who brought them to court the police,  who let them go free,  the court.  Now you should ask yourself who is to blame for the high crime numbers in South Africa,  the trusted courts or the "corrupt" police? 
How can we even look down upon the police if it is them that do everything in their power to save us in times we need them,  and yes sometimes they do run late but this is because the state does not supply the police with enough police vehicles thus they only have a certain number of vehicles to respond to the necessary location. 
And were it not for the courts letting thousands of criminals go and capturing the innocent,  there would be less crimes for the police to respond to. 
So before you go blaiming anyone again do a little research. 

Dobsonville police officer trial

Thato Makoka who was killed by a Student Constable from Dobsonville - Source Photo

South Africa — The police officer suspected of killing a teenager in cold blood during a gang raid in Dobsonville was traid today by the magistrate of the Roodepoort Magistrates Court,  Delize Smith.  His case was postponed until 27 February 2012 should he be found guilty there is a posibility of life imprisonment if not he will be able to be charged for only 15 years.
According to reports the rifle was semi-automatic this can explain the 7 gun cartridges found on the scene,  as the victim was only shot three times,  in the head,  stomach and back.

Cop arrested for a teen murder

South Africa — During a search for gang members a police officer from Dobsonville Police shot a teenager in cold blood. 
The 16-year-old Thato Mokoka's house was invaded by police officers minutes to midnight on 15 February — they might not have found what they were looking for but took his life anyway.  
According to reports 7 shots were fired and Mokoka was hit in the head and back.  
Looklocal reported that "He was lying on the floor of his shack, stomach down and hands behind his head, when a police officer shot him with a rifle — at point-blank range."
"With total disregard for Mokoka's grandmother and other witnesses, the police officers left the premises without the unlicenced firearm they were looking for." 
Student Constable on 16 February after being linked to the murder.  He will appear in the Roodepoort Magistrate's court on 20 February on a charge of murder.
The Independent Complaints Directorate (ICD) confirmed that the Student Constable was arrested and charged.

Sharks off Tauranga beaches

A Great White Shark - Source Photo

New Zealand — The Police service of Tauranga urges divers to be cautious when swimming along Mount Maunganui and Papamoa coastline after a group of five or six sharks were seen there this afternoon. 
According to Senior Sergeant Rob Glencross a resident phoned in the warning at approximately 3pm. 
The group of sharks was sighted about 30m off shore, near Sunbrae Ave in Papamoa. 
Jacqui van der Beek, who was at Omanu Beach between Papamoa and Mount Maunganui with her children at 4.30pm, said she hadn't seen the sharks and hadn't been alerted there were any in the area. 
According to van der Beek "We haven't seen anything - we've got lots of people in the water,"  There were no Omanu or Mount Maunganui lifeguards on duty when she spoke,  and locals there said they had not seen or heard anything about the group of sharks.

Roodepoort Record and Roodepoort Northsider

Almie Naudé(RNAI EDITOR) and Nonkululeko Mathebula(NKAY THE JOURNO EDITOR) - File Photo

South Africa — ALMIE NAUDÉ -  Roodepoort National And International Editor

I am Almie Naudé. I am currently a cadet at the Roodepoort Record Newspaper.

I am 19 years of age and was born in Potchefstroom on the 22nd February 1993.

I matriculated last year, 2011, at Bastion High School in Krugersdorp.

I was a journalist, photographer and a secretary for their school papers, Die Kattekwaad and Het Katje. That is where I decided that I want to become a journalist.

Almie Naudé - Source Photo

I completed the Beeld Course for school paper writing in 2011.

I joined the Caxton Cadet School to train me in the field of journalism because it is fun for me and interesting as well, because you meet different people and can help to spread their word to the rest of the community.

The people who know me also know that I am a fair person and I am very loveable and caring.

I will do anything for just about anyone, because we all are brothers and sisters. 

I also enjoy giving advice to people and helping where I can.

I look forward to bringing you news that is accurate and fair on a weekly basis.

I leave you with the following thought: "When your consciousness becomes a still mirror, a still lake, a silent reservoir of energy, God is reflected in it." – Osho Quotes.

Chew on this thought for now and until we meet again, have a good one.  

NONKULULEKO MATHEBULA -  NKAY The Journo Editor   

I am Nonkululeko Mbalenhle Mathebula, a 21-year-old aspiring investigative journalist with a great amount of love and passion for Journalism.
I have a diploma in Journalism, even so I have been blessed with an opportunity to do hands-on training as a trainee Journalist at the Caxton Cadet School of journalism.

NONKULULEKO MATHEBULA - Source Photo

As a cadet, I’ll be given the chance to serve and better my community through my writing, and with it, I seek to touch lives, make a difference, inspire and motivate, and among all I want to share and make known of my community’s trials and tribulations.
With that being said, I want for my writing to question those in powerful positions as well as give praise to those who make a difference for our society.
To describe myself, I would say I ama fun, loving and caring person with the greatest curiosity imaginable, to put it bluntly, yes I am nosy, very much so.
I have been told that I’ve got a big mouth and it will one day get me into trouble but I beg to differ, I think that if it is this mouth that will get the community’s messages across, that will educate, entertain as well challenge the not so okay norms of this world then, by all means I will stand by this mouth of mine.
I look forward to my journey as a Cadet, with it, I hope to serve my community the best way I know how.
When passion and purpose meet, great things are yet to come.

Pritchard Street incident

South Africa — Sunday morning just after 5am there was a intruder in the yard of residents in Randburg, "I think they jumped the front wall to gain access."
"They managed to get into my wife's car, got away with her Ipod and rosary. When they opened the garage door, this alerted the dogs and me, I called RSS, who responded pretty promptly.
They did not find anyone on the property.
Shortly after RSS left, I heard and saw a very old light blue/baby blue car pull out from next door (not their car). It looked like a Dutsun hatch of sorts.
I must commend Douglasdale and Sandton SAPS.
I called the sector6 vehicle which arrived within 10min. It was close to shift change and not urgent, I was asked us to call the next vehicle in about 30 minutes, who also arrived within 10 minutes.
An hour after they left, they had a detective out to do finger prints and about an hour after that, another detective doing follow up on the case, very impressed."  said the residents.

Talking gaga to baba - a big no no

World — Scientists have confirmed that babies  as young as six months can understand a wide vocabulary,  and if parents speak to them normally,  not goo goo gaga,  it could improve their language abilities later on in their life. 
Psychologists at the University of Pennsylvania,  suggests that babies can understand words months before they can say them,  and they start to grasp the meaning of words at approximately a year old.
The study co-author,  Professor Daniel Swingley said:  "Talk to babies,  and they are going to understand a bit of what you are saying.  And the more they know,  the more they can build on it."
This could explain why babies have a wide vocabulary by the age of two.  

Houston - Suicidal daughter caused stress

Whitney Houston in happier days - Source Photo

United States — It was reported yesterday that Whitney Houston(48) and her daughter,  Bobbi Kristina,  had a major fight on Thursday night which led to physical violence.  

The two were at a Hollywood club when they started to argue,  according to sources this accounts for the blood on Whitney's leg.  It is said that the teenagers stormed out of the club after shouting that she will not stay at the Beverly Hotel with her mother,  she left towards a friends home.  

Another report stated that Bobbi fell asleep in the bath at her hotel room on Friday,  just a day before the death of Houston in the bath at the hotel.  According to the friends of Bobbi they had to call hotel security to unlock her hotel room as to help her out of the bath.  

Bobbi has been taken to hospital twice since the discovery of her mothers body on Saturday,  it is said that she had a complete meltdown.  A source told the TMZ website: “She went back for the same thing – stress and anxiety.” She was later released by doctors. 

Bobby Brown,  singer and father of Bobbi,  flew to Los Angeles to be with her.  He had a 14-year marriage to Houston.  

According to the investigators searching the hotel suite,  Houston bought prescription drugs from the same Beverly Hills pharmacy that supplied Michael Jackson.  

Although the Los Angeles coroner said it was too early to know for sure how the singer came to die in the bath of her hotel suite, attention was focusing on whether she might have died not from drowning but a lethal combination of prescription drugs and alcohol. 

Establishing the cause of death could be held up for up to two months as toxicology tests are carried out.

But there were unconfirmed reports that too little water was found in her lungs for her to have drowned.  

Among the pills in Houston’s suite were the antidepressant Xanax, the painkiller Ibuprofen, Midol, for menstrual cramps, and Amoxicillin, which she was taking for a sore throat.  

 One theory being considered by investigators is that she had a heart attack caused by an adverse reaction to her medicine. 

Los Angeles assistant chief coroner Ed Winter officially confirmed reports that the star, who had a long history of drug and alcohol abuse, was found under the water in the bath not long before she was due to sing at a music industry party.  He said prescription pills had been found, but added that there was nothing “out of the ordinary” about her medications, adding that he had more in his own medicine cabinet.

Bomb sniffing rats found

Pest or friend?  - Source photo

United States — The Columbia National Police base in Bogota is training a new specie of recruit.  

The recruit uses four legs instead of two,  it has white hair all over its body,  weighs less than a pound and has a long tail,  the name is Norvegicus...Rattus Norvegicus.  

Rattus Norvegicus is more commonly known as a lab rat.  During a training session,  the trainers put the rat on a patch of grass where they hid an explosive underneath,  the rat found the explosive without any trouble in under a minute.  

According to CNN "The rodent was showered with praise. Its trainers also gave it its favorite reward, a treat.", 

"Though safer than a decade ago, Colombia is a country where landmines and car bombs are still a threat. Earlier this month, six people were killed by a car bomb targeting a police station in the town of Villa Rica in the southern province of El Cauca. The day before the February 2 bombing, nine people were killed and 70 were injured by another explosion in the neighboring province of Narino.

Edgar Ramirez, a second lieutenant with the Colombian National Police, says his country still "faces conflicts such as guerrillas, and criminal and paramilitary groups. There are many disputed territories because of the drug trade or simply to take control, and many groups set up land mines in these territories."

In the past, Colombian police used bomb-sniffing dogs; but the dogs' weight would often trigger the explosives. That's not a problem for lab rats that weigh slightly less than a pound.

And according to the trainers, their sense of smell is just as good as a dog's.

Colombia is not the first country to use rodents in this fashion. Rats have already been put to work in Mozambique to detect landmines.

Ramirez says that the only disadvantage he can think of about using rats is their short life span.

"These animals live only three to four years, which is a relatively short period of time from a human perspective. On the other hand, they're very prolific. They reproduce themselves exponentially in a very short time," Ramirez said.

So far, the rats have been trained to detect seven different kinds of explosives including ammonium nitrate and fuel oil, gunpowder and TNT.

The project is directed by Luisa Fernanda Mendez Pardo, a veterinarian who specializes in canine explosives-detection training. Mendez said that in the last four years her team has produced five generations of between 15 and 18 rodents each.

"As a researcher," Mendez said, "I can tell you that this project has exceeded the expectations we had at the beginning. We have been able to condition the rats to follow simple verbal commands. We have also trained them to not be afraid of their human handlers."

Their trust has also gone beyond humans. The rats even get on with the cat that protects them from other predators at the lab where they're trained.

Mendez also says the rats are much more cost-effective than their canine counterparts. "With the money it takes to feed a dog per day, you can feed seven rats for seven days," Mendez said.

Officials with the Colombian National Police say they expect to take the bomb-sniffing rats into the field in later this year.

"The main goal is to tackle a humanitarian problem in Colombia," says Mendez. "In my career, I have seen many civilians, police officers and soldiers who have been killed or severely injured in mine fields. It has become a personal challenge, and I want to use this project to help my country."

The team has been able to successfully train more than 70 rats in the last four years since the project began. The process has allowed them to acquire important knowledge about how the rodents can help authorities clear fields full of landmines in the Colombian countryside." 

Interesting thought

Dear Butterflies,
When you're in love, do you get humans in your stomach?
Sincerely, 

Butter safer than margarine

Margarine or butter? - Source Photo

World — An interesting email doing the rounds says:  "Margarine was originally manufactured to fatten turkeys. When it killed the turkeys, the people who had put all the money into the research wanted a payback so they put their heads together to figure out what to do with this product to get their money back.

It was a white substance with no food appeal so they added the yellow colouring and sold it to people to use in place of butter. How do you like it? They have come out with some clever new flavourings....


DO YOU KNOW.. The difference between margarine and butter?


Read on to the end...gets very interesting!


Both have the same amount of calories.


Butter is slightly higher in saturated fats at 8 grams; compared to 5 grams for margarine.


Eating margarine can increase heart disease in women by 53% over eating the same amount of butter, according to a recent Harvard Medical Study.


Eating butter increases the absorption of many other nutrients in other foods.


Butter has many nutritional benefits where margarine has a few and only because they are added!


Butter tastes much better than margarine and it can enhance the flavours of other foods.


Butter has been around for centuries where margarine has been around for less than 100 years.


And now, for Margarine...


Very High in Trans fatty acids.


Triples risk of coronary heart disease ...

Increases total cholesterol and LDL (this is the bad cholesterol) and lowers HDL cholesterol, (the good cholesterol)


Increases the risk of cancers up to five times..


Lowers quality of breast milk.


Decreases immune response.


Decreases insulin response..


And here's the most disturbing fact.... HERE IS THE PART THAT IS VERY INTERESTING!


Margarine is but ONE MOLECULEaway from being PLASTIC...and shares 27 ingredients with PAINT


These facts alone were enough to have me avoiding margarine for life and anything else that is hydrogenated (this means hydrogen is added, changing the molecular structure of the substance).


You can try this yourself:


Purchase a tub of margarine and leave it open in your garage or shaded area. Within a couple of days you will notice a couple of things:


* no flies, not even those pesky fruit flies will go near it (that should tell you something)


* it does not rot or smell differently because it has nonutritional value ; nothing will grow on it. Even those teeny weeny microorganisms will not a find a home to grow. Why? Because it is nearly plastic. Would you melt your Tupperware and spread that on your toast?


Share This With Your Friends.....(If you want to butter them up')!


Chinese Proverb:

When someone shares something of value with you and you benefit from it, you have a moral obligation to share it with others.

           Pass the BUTTER PLEASE...."

RNAI IS AGAINST CHILD ABUSE AND YOU?

THIS IS UNACCEPTABLE! ! ! ! - PLEASE COMMENT IF YOU ARE AGAINST CHILD ABUSW

Bastion hou Valentynsdag

Leerders van die Hoërskool Bastion gedurende Valentynsdag by Bastion - Foto ingestuur

South Africa — Ah,  die 14de Februarie,  die dag van liefde,  vreugde,  geluk en het ek gesê liefde?  

Valentynsdag is die jaar weereens behoorlik gevoer by Bastion Hoërskool.  

Leerders kon gewone klere dra,  mits dit rooi,  wit en pienk was.  Daar was ook 'n piekniek op die rugbyveld georganiseer en die leerders is vermaak deur 'n platejoggie gedurende pouse.  Die kinders het hulle self vreeslik geniet en het selfs op 'n gasbraaier gebraai.  Maar dis nie net die leerders wat gevier het nie,  die personeel het net so lekker gesmul aan happies in die Aldoel gebou teen die rygbyveld.  

 

NATIONAL ASSOCIATION OF MANAGING AGENTS CONTINUES TO PRESS FOR CHANGE AND IMPROVEMENT

NAMA LOGO - Source Photo

South Africa — In his New Year's message, Dr Gerhard Jooste, the Chairman of NAMA writes:

"The year 2011 was an outstanding year in which Nama steadily increased its credibility and good standing in the Sectional Title Industry in South Africa. The National Indaba held in May last year contributed in no small measure to this. We are experiencing more and more that Bodies Corporate insist on having a Managing Agent which is a member of NAMA. We also experience more acknowledgements from the Authorities.
The turmoil within the EAAB this past year had a negative effect on NAMA as well. Every meeting we had with the EAAB we met new staff members. Every meeting accordingly required us to explain what NAMA is all about. This was extremely frustrating. Very little progress was made.
The Wendy Mechanik case as well as the Constantia S/T Management case once again put the M/A Industry under the spotlight for all the wrong reasons. NAMA will have a hard and good look at the professional and ethical standards required and to what extent we can and should verify compliance by members."
We are fully supportive of NAMA's ongoing initiatives to differentiate Managing Agents from Estate Agents, and to insist that a sub-committee at the EAAB is set up to fully investigate the exact needs of Managing Agents who, ultimately deal with millions of rands on an annual basis. In addition, we applaud NAMA's requests to include a Managing Agent on the board of the EAAB, and to ultimately transfer the umbrella body function from the EAAB to the Ombud service which will ultimately be created by the Community Schemes Ombud Services Act.

PENALTIES 

A number of Bodies Corporate impose fines on its members for transgressing the Rules of the Scheme, such as for parking in the wrong parking bay. The question arises as to whether or not this is permissible and where the source of Body Corporate authority lies.

1. Whilst it is true that a Body Corporate may amend its Management and Conduct Rules, Annexure 8 and Annexure 9 are the Rules which first govern any Scheme. Neither of these rules provide for the imposition of penalties for non-compliance with the Rules. Thus, in order to include a "penalties provision" in the Management Rules, a unanimous resolution will be required, or a special resolution will be required if the provision is to be included in the Conduct Rules.
2. Further, the imposition of fines will affect the proprietary rights of all the owners, and as such Section (1)(3)(c) of The Sectional Titles Act 95 of 1986 (hereafter called "the Act") applies, which states that "where the resolution in question adversely affects the proprietary rights ... the resolution shall not be regarded as having been passed unless such member consents thereto". Thus, in order to pass a resolution to include a penalties provision in either the Management Rules or Conduct Rules, the written consent of each and every owner will be required.
3. Therefore, as can be seen from above, it would be extremely difficulty to include a penalties provision in the Rules of the Scheme, as you would need the support all the members of the Scheme. The majority of owners would probably not agree to include such a provision.
4. There is a principle in South African law of contract which states that parties are free to enter into any lawful contract they wish. However, neither the Act nor the Management Rules, provide that a Body Corporate may impose fines for non-compliance with the Rules. Many state that the authority comes from the Conventional Penalties Act15 of 1962 (hereafter called "The Penalties Act").
5. The Penalties Act is authority to impose fines for non-compliance with a contractual obligation. Section 1 of The Penalties Act states that "any person shall, in respect of an act or omission in conflict with a contractual obligation, be liable to pay a sum of money...". Thus, where parties are governed by statute, and not contract, the Penalties Act would not apply. The relationship between the Body Corporate and its members is mainly governed by legislation (namely The Act and its Prescribed Rules) and not contract.
6. The Act and the Prescribed Rules govern all aspects of the relationship between Bodies Corporate and its members, and parties may not contract in contravention thereof. As such, Bodies Corporate and its members have a statutory relationship, and not a contractual one.
7. For example, the obligation on members to pay levies stems from Section 37(a) of The Act, as well as Management Rule 30. Thus, it is a statutory obligation, and not a contractual obligation, and as such, the Penalties Act cannot apply. As the Penalties Act cannot apply, imposing a fine in terms of The Penalties Act is unlawful.
8. Section 38(j) of The Act states that the Body Corporate may "do all things reasonably necessary for the enforcement of the rules", which is further confirmed by Management Rule 28(3), which states that "Trustees shall do all things reasonably possible for the enforcement of the rules in force". However, neither The Act, nor the Prescribed Rules state that a Body Corporate may impose financial penalties in order to enforce the Rules.
9. In many cases where fines are imposed, the fine will merely be added to the member's monthly levy account. However, this contravenes one of our main principles of justice, namely the principle of audi alteram partem ("let both sides be heard"). In order to comply with the above principle, a meeting would have to be called, in order to allow the member to put forward his case, but this is rarely, if ever, done. This further confirms that Bodies Corporate act unlawfully when they impose fines for transgressing the Rules of the Scheme.
10. Section 3 of the Penalties Act states that the penalties imposed must be in proportion to the prejudice caused. The difficulty here arises as to who, and how does one decide what is in proportion. For example, who decides that a R100 fine for parking in the wrong parking bay is in proportion to the prejudice? In order to be lawful, one would have to look at the prejudice suffered, and ensure the fine imposed is in proportion thereto, and not to set a fixed penalty for that specific type of transgression. If no-one suffered prejudice as a result of the transgression, then no fine should be imposed according to this provision. This is further confirmation that Bodies Corporate act unlawfully when they merely add the penalties on to the members levy account for transgressions.
11. Although Bodies Corporate impose fines for non-compliance with the Rules of the Scheme, it has been shown that this is not lawful. There is nothing in The Act , or the Prescribed Rules, which gives the Body Corporate authority to impose such fines, and the Penalties Act does not apply in such instances either. Further, there are two fundamental principles of South African law which are not complied with by Bodies Corporate when they do impose fines, firstly the audi alteram partem rule, and secondly that agreements must be lawful. By imposing fines, Bodies Corporate are acting ultra vires, as they have no authority to impose fines for non-compliance with the Rules.