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Reporting obligations: A challenge for South African lawyers.Dowman, Nadia January 2019 (has links)
Magister Legum - LLM / “Threats to the independence of the legal profession have become a preoccupation
for bar leaders, regulators and academics, driven by the dual pressures of
globalization and the changing business structure of the profession.”1 Money
laundering is a transnational economic crime that has plagued the world economy for
many decades. It is a crime that eluded the attention of most world leaders. Hence, it
is this elusiveness and this non-interest in money-laundering as a serious economic
crime, that afforded many individuals such as former dictators and military leaders in
developing countries the chance to avoid prosecution for depleting the economic
resources of their particular state.2
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Impact of Cleint Record Keeping on the Legal Profession in South AfricaFrans, Cameron Benjamin January 2017 (has links)
Magister Legum - LLM (Criminal Justice and Procedure) / The combating of money laundering has become crucial since it has escalated from a
domestic to an international problem and vice versa. South Africa, in an attempt to combat
money laundering has enacted anti-money laundering (AML) and anti-terrorism legislation.
The legislation consists of the Prevention of Organised Crime Act 121 of 1998 (POCA); the
Financial Intelligence Centre Act 38 of 2001 (FICA); and the Protection of Constitutional
Democracy against Terrorist and Related Activities Act 33 of 2004 (POCDATARA). In
essence POCA and POCDATARA criminalise money laundering and terrorist financing.
FICA requires certain professions, such as the legal profession to maintain specific controls.
Such controls include AML measures, combating the financing of terrorism (CFT) and also
require the keeping of confidential client records, the filing of suspicious transaction reports
(STR's) and certain cash transaction reports (CTR's).
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The law of malpractice liability in clinical psychiatry : methodology, foundations and applicationsSteyn, Carel Roché 11 1900 (has links)
As a point of departure in this inherently interdisciplinary
endeavour, the concept "Holistic Multidisciplinary Management"
("HMM") is introduced a.s a macrocosmic adaption of principles of
project management. In line with HMM, a number of submissions
regarding terminology and definitions in the interdisciplinary
context of medicine (and particularly clinical psychiatry) and
law, are made, and the foundations of medical malpractice are
examined.
Building on the various foundations laid, specific types of
conduct that can constitute clinical-psychiatric malpractice, are
addressed. A common theme that emerges in the various contexts
covered, is that the psychiatrist must negotiate various
proverbial tightropes, involving inter alia tensions between
restraint and freedom, excessive and insufficient medication,
becoming too involved and not being involved enough with clients,
as well as client confidentiality and the duty to warn third
parties.
It is concluded that law and medicine. must work harmoniously
together to establish appropriate balance. This can be achieved
only if mutual understanding and integrated functioning are
promoted and translated into practice. / Law / LL.M.
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The law of malpractice liability in clinical psychiatry : methodology, foundations and applicationsSteyn, Carel Roché 11 1900 (has links)
As a point of departure in this inherently interdisciplinary
endeavour, the concept "Holistic Multidisciplinary Management"
("HMM") is introduced a.s a macrocosmic adaption of principles of
project management. In line with HMM, a number of submissions
regarding terminology and definitions in the interdisciplinary
context of medicine (and particularly clinical psychiatry) and
law, are made, and the foundations of medical malpractice are
examined.
Building on the various foundations laid, specific types of
conduct that can constitute clinical-psychiatric malpractice, are
addressed. A common theme that emerges in the various contexts
covered, is that the psychiatrist must negotiate various
proverbial tightropes, involving inter alia tensions between
restraint and freedom, excessive and insufficient medication,
becoming too involved and not being involved enough with clients,
as well as client confidentiality and the duty to warn third
parties.
It is concluded that law and medicine. must work harmoniously
together to establish appropriate balance. This can be achieved
only if mutual understanding and integrated functioning are
promoted and translated into practice. / Law / LL.M.
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