Author: TSA Press

As you may well know, reality TV star Kim Kardashian is is studying to become a lawyer without going to law school. She’s currently finishing up her first year of a four-year apprenticeship with a law firm in San Francisco, and her goal is to take the bar exam in 2022.

Just how dedicated is she to her law school studies? Kardashian constantly updates her social media channels to let the world know where she is in her coursework. Back in May, she showed us a criminal law issue spotter that featured some of her famous friends, later lamenting the fact that law student life sucks, and due to her studies, she “won’t have time for events, for favors, for friends, for literally anything, for four years.” Following up on that, she admitted that she neglected her Keeping Up With the Kardashians livetweeting duties to keep up with torts homework. Now, the hopeful lawyer in training is even ignoring holiday festivities as she kontinues to keep up with kontracts (ed. note: please believe me when I say that was just as painful for me to write as it was for you to read).

“While everyone is probably at a barbecue, I am studying contracts today,” she said off-camera in a video posted to her Instagram Stories. Check it out, below:

Pay attention, 1Ls, because in case you missed it, Kim K. has the cutest little mnemonic device to help her remember the basics of contracts: “Love For Dogs Treats Every Rover Terrifically,” which stands for Law, Formation, Defenses, Terms, Excuses, Remedy, and Third Party.

Kardashian originally announced that she hoped to take the California baby bar (aka the First-Year Law Students’ Examination) “sometime this summer.” That exam was administered on June 25, but there was no indication that she sat for it — which was probably a good thing, since the overall pass rate was only 24 percent (the best result since the October 2014 test). Her next opportunity to do so will be on October 22.

She seems to be doing well with her studies, so we wish her the very best of luck!

Kim Kardashian West Spends Her Labor Day ‘Studying Contracts’ While Prepping for the Bar Exam [People]

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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Both Houses of Parliament Are Sitting Again This Week

Bills in Parliament Last Week

Maintenance of Peace and Order Bill [completed]

On Tuesday 27th August the Senate received the Parliamentary Legal Committee [PLC]’s non-adverse report on the amendment to clause 7(5) of the Bill made at its special sitting on 14th August.  The Senate then passed the amended Bill and sent it back to the National Assembly, which approved it on Thursday 29th August.  The Bill will now be sent to the President for his assent and gazetting as an Act.

The final text of the Bill, including all the amendments, is available on the Veritas website [link].

Education Amendment Bill

The PLC’s adverse report on one of the House’s Committee Stage amendments was withdrawn on 27th August by the PLC chairperson.  This followed an undertaking by the Minister of Primary and Secondary Education to move further amendments to satisfy the PLC’s concerns over the definition of “public school” that had been added by the amendment.  The House then re-opened the Committee Stage and approved the deletion of the offending definition of “public school” in clause 2; consequential amendments to clauses 9 and 12, where “public school” appeared; and the insertion of a new clause to amend section 21 of the Education Act, which regulates fees and levies payable at non-Government schools.  The effect of the new clause was to make the National Competitiveness Commission responsibility for approval of increases in fees and levies in non-Government schools.

These amendments were formally approved by the PLC in a non-adverse report, followed by the final passing of the Bill and its transmission to the Senate.

Note on the PLC’s Adverse Report: The PLC’s view was that the definition of “public school” was so broad that it would subject private schools to controls inconsistent with section 75(2) of the Constitution, which gives every person the right to establish and maintain “independent educational institutions of reasonable standards, provided they do not discriminate on any ground prohibited by this Constitution”.

Three Bills given First Reading and referred to PLC

On Thursday 29th August the following three Bills were presented in the National Assembly, given their First Readings and referred to the PLC for reports on their constitutionality: Marriages Bill, Freedom of Information Bill and Zimbabwe Media Commission Bill.

Other Bills

There was no progress last week on any of the other Bills listed on the National Assembly’s Order Paper: Zimbabwe Investment and Development Agency Bill, Money Laundering and Proceeds of Crime Amendment Bill and Coroner’s Office Bill.  They may, however, move forward this week.

Coming Up in Parliament This Week

In the Senate

Education Bill

This Bill is the only Bill on the Senate’s Order Paper for Tuesday 3rd September, having been transmitted from the National Assembly on 27th August. Its passage through Parliament could be completed this week.

In the National Assembly

Three Bills head the Order Paper for 3rd September, in the following order:

Zimbabwe Investment and Development Agency Bill [link]

The Committee Stage has to be completed, with several pages of amendments proposed by the Portfolio Committee on Industry and Commerce [link]  still to be considered.

Money Laundering and Proceeds of Crime Amendment Bill [link]

Minister’s Second Reading speech and Second Reading debate.

Coroner’s Office Bill [link]

For continuation of Second Reading debate.

Three Bills under consideration by PLC

As these Bills were referred to the PLC only five days ago, the necessary reports on their consistency with the Constitution are unlikely to be delivered to the National Assembly this week.  The National Assembly is not expected to continue dealing with them this week.

Marriages Bill [link]

Freedom of Information Bill [link]

Zimbabwe Media Commission Bill [link]

Public consultations have already been conducted on the Marriages Bill and the Freedom of Information Bill.

Other Business in Parliament Last Week

International Agreement Approved by both Houses

The 2012 Beijing Treaty on Audio Visual Performances was approved for ratification by the National Assembly on 27th August and the Senate on 29th August.  This means that Zimbabwe can now become party to the Treaty by depositing an instrument of ratification.

Committee Reports presented

Reports were presented on the:

Petition on Access to Primary Documents presented to Parliament by the Gwanda Community Youth Development Trust [report by the Portfolio Committee on Defence, Home Affairs and Security Services, presented to the National Assembly on 27th August]

Implementation of Empowerment Programmes in the Mining Sector [report by the Thematic Committee on Indigenisation and Empowerment, presented to the Senate on 28th August]

Familiarisation Visits to Featherstone, Ngundu, Beitbridge, Gwanda and Plumtree Police Stations and Border Posts [report by the Thematic Committee on Human Rights, presented to the Senate on 28th August].

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

Like me, maybe you’ve been dreading going back to work. Dreading it with a bone-deep weariness that plumbs the depths of your soul. And the day has finally arrived and it’s like back to school for the business set. Without the adorable chalkboard signs or cute first day outfits. Because today, the shenanigans start back up again in earnest.

A few years ago, I took up yoga to counterbalance the stress of practicing law in an in-house counsel environment and postponing this inevitable conversation: “Yes, I’m happy to explain myself, HR. I decked him because he kept using the word legalese. To my face.”

At first, I didn’t get much out of yoga other than learning that a resting heartbeat that outpaced a hummingbird was apparently undesirable. Oh, and that I was tragically unflexible after years of glaring at a computer screen and clenching my jaw. Instead, I spent my time on the mat coming up with politer ways to insinuate that something was a piss poor idea without actually using the words piss poor. Because that gives away the punchline.

But at some point, I found myself listening to my instructor, and holy hell, was the stuff she said smart in that “simple but earthshattering way.” You know, like when you actually figured out what the heck tortious interference was in law school. As a 3L. And you thought, seriously, I spent a semester on that?

Anyway, one of my instructor’s perennial favorites is this meditation mantra she likes to sprinkle in at the end of the class. It goes something like this: “May I be happy. May I be healthy. May I be safe.” And after every statement, we’d echo it back to her like we meant it. Well, that was some pretty powerful stuff. Simple. Well-drafted. And to the point. In fact, I liked this mantra so much, I stole it for my law practice. And it goes a little something like this:

MAY IT BE LEGAL

MAY IT BE SAFE*

MAY IT MAKE SENSE

And I thought to myself, what better time to share this little ditty than the first day back in the office after the last gasp of summer when your business partners realize there is one quarter left in the calendar year.

REPEAT AFTER ME: MAY IT BE LEGAL.

I don’t know what sort of Hail Mary energy grips the business in the final quarter, but it is real and fierce and results in “could only have happened after midnight” bad decisions. I like to chalk it up to the “I’m three Coronaritas deep and the crazy is starting to make sense” or “I didn’t wear my company-branded hat on the boat and it fried my brain” scenario. At some point on an extended vacation, your business partner had this kernel of a thought, a brilliant thought. But something hazy, like that dreaded cloud cover over an otherwise perfect beach, descended and your business partner distantly remembered that Legal had nixed the idea before. Hmm, maybe it wasn’t strictly legal? Your business partner shrugs that annoying thought away like a mosquito, squares his shoulders, and heads for your office. Because maybe if he forgot why we couldn’t do something three months ago, then so did you.

First wish for you, lawyer friends, may the crap that’s coming down the pipe today be something that’s strictly street legal and doesn’t require outside counsel analysis to confirm that fact.

REPEAT AFTER ME: MAY IT BE SAFE*

Caught that asterisk, did ya? When I say safe, I mean for you, you long-suffering guardian of risk. I really don’t care if it blows up in your business partner’s face like a science experiment gone wrong because someone forgot to carry the one and now the numbers don’t work.

I’m chalking this one up to having worn flip-flops all summer. Yeah, that’s right. Your business partner thinks, hey, I wore open-toed footwear all summer and despite the rocky, tick-covered terrain of that hike, the chum-slick surface of the dock, or the general ick factor of that toddler’s inflatable bouncy house party, guess what? I STILL HAVE ALL MY TOES! I AM INVINCIBLE. NOTHING CAN TOUCH ME!

And then they walk into your office with a mix of misplaced confidence and the devil-may-care adrenaline of youth, and they pitch you their riskiest idea of the year.

Second wish for you, lawyer friends, may the crap that awaits you today be safe — safe-ish — within the acceptable parameters of a risk profile you can live with it.

AND FINALLY, REPEAT AFTER ME: MAY IT MAKE SENSE

Alright, this last one I’m blaming on the prevalence of fruity drinks and readily available mind-altering substances. Because let’s face it, are you going to slam back a watermelon sangria with a CBD blondie in March? Likely not. These are strictly summer whimsies.

Sorry to ruin your day, but at some point, someone will put time on your calendar this afternoon (or you know, just walk in, because apparently your office is like a low-rent salon where walk-ins are welcome and always accommodated). And then you’ll sit there in slack-jawed stupor listening to a business partner ramble on, wondering if you’re the idiot or they are. Spoiler alert: it’s most certainly not you, friend. Post-Labor Day ideas always seem to have this fantastical, “I haven’t worked out all the details yet, but I’m sure it will all work out” quality to them. Again, I’m blaming this on everything else that’s half-baked about summer.

Final wish for you, lawyer friends? May the crap coming out of your business partner’s mouth today make some semblance of sense.

Put it all together now and you’ve got your own little legal mantra:

MAY IT BE LEGAL. MAY IT BE SAFE*. MAY IT MAKE SENSE.

And if it can’t be more than 2/3^rds of these things, screw it. Write it up an email and put it in your CYA file. If it can’t be legal, safe, or make sense? Then it can at least be well-documented.

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Kay Thrace (not her real name) is a harried in-house counsel at a well-known company that everyone loves to hate. When not scuffing dirt on the sacrosanct line between business and the law, Kay enjoys pub trivia domination and eradicating incorrect usage of the Oxford comma. You can contact her by email at KayThraceATL@gmail.com or follow her on Twitter @KayThrace.

* The new list of Mansfield certified firms is coming. [American Lawyer]

* Corporate lawyer quits to start Equestrian Sports Data company proving there’s always a stupider way to make money. [Noelle Floyd]

* “Allen & O’Melvery” is dead. The firms have nixed merger plans. [Financial Times]

* The Offspring are locked in a legal battle and I’ll admit I’d totally forgotten they existed. [Forbes]

* Politicians want to destroy the Internet and no one seems to be stopping them. [NBC News]

* Locke Lord crypto scam trial coming in November. [Law360]

“I call on States to do more to prevent enforced disappearances and bring to justice those responsible.  To this end, I call on countries to cooperate fully with UN mechanisms.  I also urge all States that have not yet done so to sign, ratify or accede to the International Convention for the Protection of All Persons from Enforced Disappearance.”

The International Convention for the Protection of All Persons from Enforced Disappearance[link] was adopted by the UN General Assembly on 20 December 2006.  The convention states that enforced disappearance occurs when:

“persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.

On 21 December 2010 the UN General Assembly expressed its deep concern about the increase in enforced disappearances in various regions of the world and set a day to mark the International Day of the Victims of Enforced Disappearances.  The UN continues to express concern that whereas in the past enforced disappearances were mostly a tool of military dictatorships, nowadays enforced disappearances are perpetrated in situations of internal conflict, especially as a means of political repression of opponents.  Of particular concern is:

• the ongoing harassment of human rights defenders, relatives of victims, witnesses and legal counsel dealing with cases of enforced disappearance;
• the use by States of counter-terrorist activities as an excuse for breaching their obligations; and
• the still widespread impunity for enforced disappearance.

Victims of enforced disappearances are frequently tortured and in constant fear for their lives.  Having been removed from the protection of the law and “disappeared” from society, victims of enforced disappearance are in fact deprived of all their rights and are at the mercy of their captors.  Some of the human rights that enforced disappearances regularly violate are:

• The right to recognition as a person before the law;
• The right to liberty and security of the person;
• The right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment;
• The right to life, when the disappeared person is killed;
• The right to an identity;
• The right to a fair trial and to judicial guarantees;
• The right to an effective remedy, including reparation and compensation;
• The right to know the truth regarding the circumstances of a disappearance.

The families and friends of the victims suffer anguish, not knowing whether the victim is still alive and, if so, where he or she is being held, under what conditions, and in what state of health.  The family’s distress is frequently compounded by the material consequences of the disappearance.  The disappeared person is often the family’s main breadwinner.  In some cases, national legislation may make it impossible to draw a pension or receive other means of support in the absence of a death certificate.  Economic and social marginalization is frequently the result.

Enforced disappearance has frequently been used as a strategy to spread terror within a society.  The feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole.

When committed as part of a widespread or systematic attack directed at any civilian population, a “forced disappearance” qualifies as a crime against humanity and, thus, is not subject to a statute of limitations.  This means the victims if they survive and the victims’ families will always have the right to seek reparations, and to demand the truth about the disappearance of their loved ones.

On this day in Zimbabwe we are reminded to stand with people whose families are looking for answers and are seeking to know the whereabouts of their loved ones.  We are reminded to stand with those whose rights as set out in the Constitution of Zimbabwe [such as the right to life, section 48 , the right to liberty section 49), the rights of those arrested and detained section 50, the right to human dignity section 51 and personal security section 52] have been violated.

Zimbabwe is still not a State Party to the Convention for the Protection of All Persons from Enforced Disappearance.

We call upon the Government of Zimbabwe to accede to the Convention.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

The meetings are part of a process to gather views of residents ahead of the National Devolution Conference to be hosted by the Ministry of Local Government.

In Harare, the consultative meeting was hosted by the Combined Harare Residents Association (CHRA), Community Water Alliance, (CWA) and the National Association of Society for the Care of the Handicapped (NASCOH).

The target participants in Harare were Persons Living With Disabilities and all categories were represented.

The guest of honor at the Harare meeting was Senator Rejoice Timire who commended the initiative and urged persons living with disabilities to actively participate in national processes, including the process of devolution so that their concerns are taken on board.

“Quite often, we end up crying foul that our concerns are not being addressed yet we do not take part in some of these processes. So I would like to urge persons living with disabilities to get involved and push for respect of their rights.

“I do however acknowledge that sometimes we do not have the platforms and I would like to commend HAMREF for organizing this meeting as it gives persons with disabilities the chance to put their demands forward,” said Senator Timire.

As part of the meeting’s outcomes, a 16 member national task force was formed and tasked with spearheading the ideal devolution framework for Persons with Disabilities.

NASCOH was given the responsibility to draft the terms of reference for the task force.

The meeting also resolved that there should be a national consultative process for persons with disabilities, development of PwD Position Paper on Devolution and capacity enhancement of PwD structures.

After the consultative meeting, the taskforce had its first meeting meant to prepare for the HAMREF Harare Devolution Policy Conference scheduled to take place on Thursday 05 September 2019.

In Norton, the meeting was aborted after the Zimbabwe Republic Police (ZRP) issued a prohibition order citing ‘an unstable political environment’.

In Chitungwiza, the Chitungwiza Progressive Residents Association hosted the community consultative meeting.

HAMREF believes that devolution should address the following:

1) Citizen participation in exercise of state power and decision making on issues affecting citizens.

2) Independence of Local Authorities, Provincial and Metropolitan Councils.

3) Devolved power and responsibilities of the state.

4) Structure of government enshrined Under Section 5 of the Constitution

Post published in: Featured

A 2018 study found that only about four in 10 Americans had at least a “fair” amount of trust in the media. Also, in a June 2019 survey, a full third of respondents agreed with President Donald Trump that the news media are “the enemy of the people.”

And then, 24 hours later, he was gone. The thing which so many people had hardly dared hope for, and certainly not conceived would come any time soon, was suddenly, miraculously, upon them.

Victoria Falls has been the centre of Zimbabwe’s tourism industry ever since the infamous Dr. Livingstone pitched up here in 1855. To the indigenous Tonga, this epic waterfall at the point where the Zambezi River crashes across the Zimbabwe-Zambia border is known as Mosi-oa-Tunya (“The Smoke that Thunders”). It’s a more suitable name. You hear the roaring of the water long before you see it, and the air is moist with the billowing clouds of spray.

Whatever chaos has gone on in Harare, it’s never really been felt in Victoria Falls. The UNESCO World Heritage falls and nearby town seem to exist in their own little bubble, far enough away. I, like many foreign visitors, had crossed the road border from Zambia on a dual country visa, and if it wasn’t for yet another stamp in my passport, I’d scarcely have known I’d entered Zimbabwe. Yes, there was a small police presence, but not more noticeable than in any of the surrounding countries, and the bus loads of package holiday makers were snapping away regardless.

The sight of one of the largest waterfalls in the world — twice the height of Niagara Falls and with a record of 700,000 cubic metres of water pounding over the cliff each minute — is more than enough to grab my attention

Victoria Falls is one of those curious small towns which seems to exist solely for tourism purposes. It’s necessary to pass through, but the town itself is no great attraction, save for one extraordinary building: the Victoria Falls Hotel. Built in 1904 and looking down the Second Gorge, to step over the threshold is to step back in time. It was intended to service first class travellers on Cecil Rhodes’ ill-fated Cape to Cairo Railway, and famous guests of note include King George VI and the future Elizabeth II.

I sat on the hotel’s Stanley’s Terrace overlooking the immaculate lawns, and felt quite the Edwardian lady. My high tea was served in a bone china tea service, of course, and the sandwiches were cut just so. Elegantly attired couples sat chattering at a politely low volume, and the staff moved gracefully from one table to the next with silver teapots and tiered stands of scones and cake. Every now and then a younger guest would surreptitiously slip out onto the grass to take a selfie with the hotel behind, but other than that, nothing here has changed for a century.

The Victoria Falls Hotel has its own path from the bottom of its gardens along the top of the gorge to the falls. It is an easy enough walk, and depending on the time of day, you will see bungee jumpers throwing themselves off the bridge, kayaks and rafts bouncing about on the white water rapids, and perhaps even a microlite or helicopter buzzing away overhead. The Zambezi River has an undeniable pull, and an entire adventure industry has grown up to cater for those adrenaline junkies who want to experience it from every appreciable angle.

I, however, was determined to keep both feet firmly on the ground. It’s not that I am unadventurous, but rather that the sight of one of the largest waterfalls in the world — twice the height of Niagara Falls and with a record of 700,000 cubic metres of water pounding over the cliff each minute — is more than enough to grab my attention.

The best views of Victoria Falls are from the Zimbabwean side of the border, where a footpath through the forest runs parallel to the falls on the other side of the gorge. There are more than a dozen strategically positioned viewpoints between Livingtone’s Statue and Boiling Pot, where you stare down into a seemingly steaming abyss.

It was mid-afternoon and it was hot and humid. Even keeping mostly to the shade, I was dripping in sweat and berating myself I hadn’t made it here for a cool sunrise. Still, the walk was good for me and, more importantly, as soon as I hiked past the Main Falls and Livingstone Island, I pretty much had the viewpoints to myself.

Bus parties, it appears, are lazy. They want to see the Devil’s Cataract and the central parts of the falls to say that the have been, and maybe they will capture a few pictures of the rainbows dancing in the spray, but they weren’t going to walk further afield. I could survey Horseshoe Falls unobstructed, and at the so called Danger Point (Viewpoint 15), right on the cliff edge and with an almighty drop below, I looked right across to Knife’s Edge and Rainbow Falls. No one else was there. At the closest points, the water spray enveloped me, a welcome cloud that cooled me even as it drenched my clothes.

Even before Mugabe’s fall from grace, tourism in Victoria Falls was booming, the spectacle of the falls proving a stronger draw than political misgivings. But with his presence lifted, Zimbabwe is poised to really fly as a destination for adventurous travellers. There’s been a sudden influx of investment, with two new luxury openings — Mpala Jena Camp and the Stanley and Livingstone Boutique Hotel — in 2018. There’s an expectation that the new visitors will want to push out beyond Victoria Falls and explore more of Zimbabwe. There’s an excitement in the air. With tourism comes money and jobs, two things which Zimbabweans desperately need. For too long, Mugabe crippled Zimbabwe economically, politically, and socially. His removal, though not the panacea to all the country’s ills, has heralded a new era of optimism, hope for what the future of Zimbabwe might be. The tourists are on their way.

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Sophie travelled to Zimbabwe with bespoke tour operator Journeysmiths (journeysmiths.co.uk), who offer a seven night Zimbabwe safari, incl. three nights at Victoria Falls Hotel and flights, from £5,266 pp.