Page 91 - The Circle of Life
P. 91

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

                                                                                                        90
   86   87   88   89   90   91   92   93   94   95   96