Page 91 - The Circle of Life
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on the Internet. As a lawyer and legal advisor I thought I heard everything there
is to hear but this one took me by surprise. Still, money is money so I looked at
it from a law of contracts viewpoint. Must tell you it was not worth the paper it is
written on for in law you cannot agree to something which is inherently illegal as
I said above. In many jurisdictions it is against the good morals of the public to
enter into such an agreement authorising violence against a spouse from a
spouse or anyone else for that matter. Even with consent.
Nor did it adequately deal with waivers (also known as indemnities) against
prosecution or private claims based on delict because of the consent given. That
worried me for this particular client was a fairly big and strong man and his wife
(the other part of the contract) tiny and though I did not want it visions came
into my head of her being flogged to an inch of her life for she gave me the evil
eye when I highlighted my concerns. Here I was wrong by the way, she was the
violent one as it turned out but anyway. As a black colleague once said to me"
"White folks are strange!" That was after we raided a men's club and saw things
which still make me blush today!
* Does not take much say my American Patriot! True, I waited until I got
married at the age of 30! Almost gone blind by then too!
Consent is a very peculiar thing in law and let me explain. As said before you
cannot legally consent to anything inherently illegal. For instance you cannot
consent to be murdered (it happens often). The murderer will still be found
guilty and punished. I remember a case where a fellow wanted to die for
insurance purposes and arranged for his own killing. He actually warned the
killer that he may change his mind (not being a brave man and unused to such
things) in which case he should carry on regardless. Apparently that is exactly
what happened which always makes me smile for it is ironic. He tried to call it
off but was killed anyway and a few weeks later the killer claimed his money
from the widow who called the Police and the rest as they say is history.
He was sentenced to death but I don't know if he hanged or not. Most probably
did. We Afrikaner people are charmingly direct in our ways. No need to let a man
suffer on death row. Hang him and get done was the motto for the death row
cells were always overcrowded with the political unrests and a highly efficient
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