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Marc Aupiais
Works at SACNS
Attended Witswatersrand University Oliver Schreiner Law School
Lives in Roodepoort
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Marc Aupiais

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You can read A Lesser Instinct free of charge by following this link. https://www.scribd.com/doc/273964430/A-Lesser-Instinct
I would love to know what you think of my early writing!
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Marc Aupiais

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A robot wins 64% of a quarter million cases at court... make sure you are better than a computer program if you want to stay in practice... I guess is the moral? http://www.washingtontimes.com/news/2016/jun/29/joshua-browder-stanford-students-robot-lawyer-has-/
College freshman Joshua Browder has created an online robot lawyer that has overturned 160,000 traffic tickets in London and New York.
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No, people really don't need to warn you, to record your phone or personal conversations with them...
This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is not unlawful in South Africa.

The flip side is also true: if you don't trust someone not to record your conversations with them, don't say anything orally that you wouldn't want splashed across the front page of a newspaper, in writing.

Like the private Facebook message a certain now infamous High Court judge wrote several years ago, which someone unearthed when they saw an opportunity to promote their social media company, your personal conversations can come back to bite you ages after you forgot you even had them. Audio recordings of personal, private, oral conversations, have also, in the past, been used at court.

Those recorded warnings that you get when calling certain companies are done out of politeness, or otherwise due to it being the company, not the individual making the recordings.

In fact, telephone voice recordings are often enough 'discovered' (declared as evidence to be used) in litigation and are used in court, against unsuspecting members of companies or the general public. Some companies specialise in such a practise and make phone calls prior to litigation, in order to use the contents of the calls against the unsuspecting targets of their work. If what you say later on the witness stand contradicts what you said on the telephone, they might claim that you are unreliable, or changed your story.

While RICA bans third party monitoring outside specific ambits, it does allow a person who is not an officer of the law to record and allow others to listen in on their own conversations (those in which they are one of the parties). The Act also allows for recordings to be made of speech made generally to multiple persons, when the recording individual is within natural hearing range, such as where a person is party to a meeting in the board room.

What I am referring to is sections 4 (1) and 5 (1) of the Act, namely:

'(1) Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.'

'(1) Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.'

Other provisions of the act deal with when law enforcement officers may make recordings, but that is not the ambit of this article.

So, firstly, what does intercept mean in terms of the act?

In terms of section 1:

'“intercept” means the aural or other acquisition of the contents of any communication through the use of any means, including an interception device, so as to make some or all of the contents of a communication available to a person other than the sender or recipient or intended recipient of that communication, and includes the –
(a) monitoring of any such communication by means of a monitoring device;
(b) viewing, examination or inspection of the contents of any indirect communication; and
(c) diversion of any indirect communication from its intended destination to any other destination,
and “interception” has a corresponding meaning;'

'“monitor” includes to listen to or record communications by means of a monitoring device, and “monitoring” has a corresponding meaning;'

'“monitoring device” means any electronic, mechanical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to listen to or record any communication;'

'“indirect communication” means the transfer of information, including a message or any part of a message, whether –
(a) in the form of –
(i) speech, music or other sounds;
(ii) data;
(iii) text;
(iv) visual images, whether animated or not;
(v) signals; or
(vi) radio frequency spectrum; or
(b) in any other form or in any combination of forms,
that is transmitted in whole or in part by means of a postal service or a telecommunication system;'

'“direct communication” means an –
(a) oral communication, other than an indirect communication, between two or more persons which occurs in the immediate presence of all the persons participating in that communication; or
(b) utterance by a person who is participating in an indirect communication, if the utterance is audible to another person who, at the time that the indirect communication occurs, is in the immediate presence of the person participating in the indirect communication;'


That leaves need for the definition of a party to the communication, also in terms of section 1, that would be:

'“party to the communication”, for purposes of –
(a) section 4, means, in the case of –
(i) a direct communication, any person –
(aa) participating in such direct communication or to whom such direct communication is directed; or
(bb) in whose immediate presence such direct communication occurs and is audible to the person concerned, regardless of whether or not the direct communication is specifically directed to him or her; or
(ii) an indirect communication –
(aa) the sender or the recipient or intended recipient of such indirect communication;
(bb) if it is intended by the sender of an indirect communication that such indirect communication be received by more than one person, any of those recipients; or
(cc) any other person who, at the time of the occurrence of the indirect communication, is in the immediate presence of the sender or the recipient or intended recipient of that indirect communication; and
(b) section 5, means, in the case of –
(i) a direct communication, any person participating in such direct communication or to whom such direct communication is directed; or
(ii) an indirect communication –
(aa) the sender or the recipient or intended recipient of such indirect communication; or
(bb) if it is intended by the sender of an indirect communication that such indirect communication be received by more than one person, any of those recipients;'


c.f. REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF COMMUNICATION-RELATED INFORMATION ACT 70 OF 2002

http://www.saflii.org/za/legis/consol_act/roiocapocia2002925/

This article does not constitute legal advice. For legal advice, consult your attorney, with all the facts of your matter, in person, and within the context in which such advice is to be deemed reliable and applicable to your circumstances. This article, while based on research of the law, is published purely for topic interest purposes, and cannot replace the advice of a properly briefed legal practitioner.
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Marc Aupiais

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No, they don't need to warn you to record your phone or personal conversations...
This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is not unlawful in South Africa. The flip side is also true: if you don't trust someone not to record your conversations...
This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is not unlawful in South Africa. The flip side is also true: if you don't trust someone ...
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Marc Aupiais

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It is far the better to be eiron than alazon. Let your confidence be street wise, and your actions cause others to brag for you. Quietly, humbly does it.
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You might not be Francesco Petrarca, but half of your friendships are probably unrequited - scientists insist. http://nymag.com/scienceofus/2016/05/half-of-your-friends-probably-dont-think-of-you-as-a-friend.html
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Have them in circles
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Marc Aupiais

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Au revoir Nigel Farage! The UKIP leader has resigned his position as party head, and is expected to return to the business world after finishing his term as an MEP, his goal of Brexit - achieved!
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America's 'special relationship' has been with Germany, not Britain, since WWII. Brexit won't change that. https://hbr.org/2016/06/the-u-s-special-relationship-is-with-germany-not-britain
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Marc Aupiais

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No, people really don't need to warn you, to record your phone or personal conversations with them...
This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is not unlawful in South Africa. The flip side is also true: if you don't trust someone not to record your conversations...
This might be a eureka moment for some, but covertly recording your own telephone conversations, or your in person ones for that matter, is not unlawful in South Africa. The flip side is also true: if you don't trust someone ...
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Marc Aupiais

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To forgive your deity may seem redundant. Any ill will towards one has the air of juvenile logic. Yet, often, I forgive mine. For my sake.
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To learn to forgive those others who have never wronged us, is the first step to accepting our own failings.
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Fancy having your close friends and distant acquaintances... lick your fingers... with you? Live in Hong Kong?

KFC's 'Finger Lickin’ Good' chicken flavoured 'edible nail polish' might just be perfect for you...

https://www.thestar.com/entertainment/2016/05/07/edible-nail-polish-its-finger-lickin-weird-menon.html
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I am fascinated with the law. By chance, it happens to be my field. (Admitted as an attorney in January 2016)
Introduction


A Lesser Instinct | My first foray into the world of long form fiction.

Read it without payment - on Scribd:

https://www.scribd.com/doc/273964430/A-Lesser-Instinct


I have always been fascinated with the law. By chance, it happens to be my field. I am an admitted attorney of the High Court of South Africa, as of 28 January 2016.

It was my fellow students'​ suggestions, in the final years of school, that I might be suited to a career in law, along with long discussions with a connection of mine - who caused me to gain a keen interest in the history of the Roman Empire, its language, and its laws - that made me realise that law was a choice of career that well suited my life path. I enrolled in a 4-year LLB degree at Wits University and subsequently graduated Legum Baccalaureus (Bachelor of Laws) a few years later.

I completed, with distinction, the Law Society's Legal Education and Development (L.E.A.D.) School for Legal Practice program, in lieu of a second year of articles. I've passed all four attorney's admission examinations, and finished my required period for articles.

I believe success requires not just hard work, but intelligence, perseverance, humility, integrity, ingenuity, diligence, a strong work ethic, and the courage to request the assistance of those better-versed in a matter, or field.

I am passionate about the place of my birth, South Africa and am proud to be a patriot and citizen of this diverse and beautiful nation. I consider myself a global citizen and keep connections in a number of different nations across the world. Communicating with people from other cultures, I believe, has aided me to have a more open-minded approach in so far as how I see and interact with the world.

The cultures and legal systems, morals, and courtesy systems, languages, intricacies and religions of South Africa and of the world, are subjects I love to research. I extensively enjoy reading and writing, and in keeping abreast with important events occurring in other countries, I find my knowledge of other languages, especially French, to be quite useful.

Bragging rights
I graduated L.E.A.D. with distinction, passed all four attorney's admission exams, and to boot, I am happy with life.
Education
  • Witswatersrand University Oliver Schreiner Law School
    LLB Legum Baccalaureus Bachelor of Laws, 2009 - 2013
    Graduated LLB. My subjects were: Delict (Laws2003) Insurance (Laws3002) Negotiable Instruments & Banking Law (Laws3005) Business Entities (Laws3010) Constitutional Law (Laws3011) Introduction to Law (Laws1006) English Global Literature and Film (Eng1003) Introduction to Constitutional Law (Laws1002) Foundations of South African Law (Laws1004) Persons & Family Law (Laws1005) Customary Law (Laws1003) English Literature in Context (Eng1001) Criminal Law (Laws2001) Contract (Laws2002) Succession (Laws 2004) Legal Information Literacy (Laws2005) Criminal Procedure (Laws3031) Jurisprudence (LAWS2017) Property (LAWS3029) Public International Law (LAWS3030) Evidence (LAWS3032) Civil Procedure (LAWS3033) Forensic Medicine (FORM 4005/1) Administrative Law (LAWS 4060) Special Contracts (LAWS 4056) Appropriate Dispute Resolution (LAWS 4043) Practical Legal Studies (LAWS4003) Competition Law (LAWS4045) Environmental Law (LAWS4047) Insolvency Laws (LAWS4050)
  • Trinityhouse High School
    General, 2004 - 2008
  • Trinity House School
    General, 2001 - 2003
  • De La Salle Holy Cross College
    General, 1996 - 2000
Basic Information
Other names
Marc Evan Aupiais, M E Aupiais, M Aupiais, Marc A, Marc Evan Aupiais LLB, Mr M E Aupiais