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THE BRONX COCKED BACK AND SMOKING MULTIFARIOUS PROSE PERFORMANCEAvila, Alex 01 June 2016 (has links)
The Bronx Cocked Back And Smoking is a collection of multifarious prose performances recounting the historical, personal, social, political and cultural constructs of a city birthed by violence. This body of work is accompanied by video, audio, photography, and theatre performance texts. St. Mary’s Housing project, in the Bronx, is the foundation where most of this literary work takes place. The modern day Griot (storyteller) is a Poet, guiding his audience through the social inequalities and disparities that plague St. Mary’s community. The Poet shares personal traumatic insights while simultaneously utilizing writing as a form of survival to the conditions of the Bronx. This multi-platform performance highlights the metaphorical and physical concerns with the cycle of violence. This question is answered through the Poet’s choice by selecting the pen over the gun.
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Aspects of money laundering in South African lawVan Jaarsveld, Izelde Louise 04 1900 (has links)
Money laundering involves activities which are aimed at concealing benefits that were acquired
through criminal means for the purpose of making them appear legitimately acquired. Money
laundering promotes criminal activities in South Africa because it allows criminals to keep the
benefits that they acquired through their criminal activities. It takes place through a variety of
schemes which include the use of banks. In this sense money laundering control is based on the
premise that banks must be protected from providing criminals with the means to launder the
benefits of their criminal activities.
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the
Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s
anti-money laundering regime. Like its international counterparts FICA imposes onerous duties
on banks seeing that they are most often used by criminals as conduits to launder the benefits of
crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates
civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the
idiosyncrasies of the South African anti-money laundering regime and forwards
recommendations aimed at improving its structure.
To this end nine issues in relation to money laundering control and banks are investigated.
The investigation fundamentally reveals that money laundering control holds unforeseen
consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud
or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example,
the filing of a suspicious transaction report. However, if the bank files a suspicious transaction
report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank
parted with the benefits of fraud or theft whilst suspecting that the account holder may not be
entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover
loss suffered at the hand of the fraudster or thief from the bank.
Ultimately, this study illustrates that amendment of some of the provisions of South
Africa’s anti-money laundering legislation should enable banks to manage the aforementioned
and other unforeseen consequences of money laundering control whilst at the same time
contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D.
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