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PER: Potchefstroomse Elektroniese Regsblad
On-line version ISSN 1727-3781
PER vol.16 n.1 Potchefstroom Apr. 2013
The enforcement of the payment of lobolo and its impact on children's rights in South Africa*
NM Ngema
Nqobizwe Mvelo Ngema. LLB (UNIZUL), LLM (UNISA), Certificate in Post Graduate Supervision (Rhodes). Lecturer, Department of Public Law (University of Zululand). Email: firstname.lastname@example.com
Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife's family in consideration of a customary marriage). These communities may be divided into two groups, those practicing theleka (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo) and those that do not. In the communities practising theleka the amount of lobolo is not fixed and the father or guardian of the wife may from time to time theleka the wife and demand one to three head of cattle from his son-in-law. The wife and her children, if there are any, may be held by their maternal grandfather until the payment of lobolo has been met.The main issue this article examines is whether the custom of thelekaimpacts on the custody of children or not. It also examines the concept of the best interests of the child and finds that theleka custom in its current form does impact on the custody of the child and conflicts with the child's best interests. The article suggests that theleka custom needs to be developed to conform to the Constitution. It also examines whether or not the custom of theleka constitutes abduction and family violence. The writer submits that it does not constitute abduction and family violence and advocates that theleka custom be allowed to continue.
Keywords: customary law; lobolo; theleka custom; custody; best interest of a child; family violence
1 Introduction
The Recognition of Customary Marriages Act1 defines the custom of lobolo as:
Property in cash or in kind, whether known as lobolo, bogadi, bohali, xuma, lumalo, thaka, magadi, amabheka or by any other name, which a prospective husband or the head of his family undertakes to give to the head of the prospective wife's family in consideration of a customary marriage.2
Various communities in South Africa practise the custom of lobolo, which people give different names, is shown above. These communities may be divided into two groups, those practicing theleka and those that do not. This article will focus on those communities that practise theleka3 In the communities practising theleka the amount of lobolo is not fixed and the father or guardian of the wife may from time to time theleka the wife (her married daughter) and demand one to three head of cattle from his son-in-law.4 The wife and her children, if there are any, may be held by their maternal grandfather until the payment of lobolo has been met.5
The practice of theleka has an effect on the custody of the child and the relationship of spouses in a customary marriage. The writer draws this conclusion because the wife and her children are held by her guardian or father until the completion of the payment of loboolo. The custom of theleka, which serves as a way of enforcing loboolo amongst Xhosa communities, seems to be in conflict with the best interest of the child as entrenched in the Constitution6 This is because the court has to consider various factors before granting an application7 and it would be unjust if the best interest of the child were to be determined by the payment or non-payment of a certain number of cattle. The South African Law Commission8 recommended that
Lobolo should not be deemed essential for the validity of customary marriages. If parties wish to give lobolo, they should be free to do so, but payment or nonpayment will have no effect on the spouses' relationship or on their rights to any children born of the marriage.9
If this recommendation were to be taken seriously, then the continuation of theleka custom may be considered unconstitutional. Unfortunately there is no judgment in South Africa since 1994 that has ruled on this issue. This first section of this article will discuss the enforcement of lobolo. The second section, dealing with custody in customary marriages, will also draw certain inferences. The third section will analyse the notion of the best interests of the child again draw certain inferences. The fourth section analyses and answers two questions, namely: does the custom of theleka constitute abduction? Does the custom of theleka constitute family violence? And it makes recommendations based on the discussion and analysis about what should be done about theleka custom.
The following section discusses the enforcement of lobolo in customary law.
2 The enforcement of lobolo in customary law
The manner of enforcing loboloagreements in customary law varies among different cultural groups or tribes in South Africa. Some communities have a fixed amount of
lobolo. The lobolo can be fixed either by agreement between the parties or by the accepted custom in that tribe. In tribes that have a fixed amount of lobolo, the delivery of lobolo has to take place before the celebration of the marriage.10
It is also worth noting that some communities have no fixed amount of lobolo cattle to be delivered, the marriage depending on the delivery of a reasonable number of cattle.11 The court has discretion to decide what constitutes a reasonable number of lobolo cattle or amount of money, having regard to what average lobolo has been established in the community concerned, and bearing in mind the social standing of the woman.12 Among various Xhosa communities, the amount of lobolo payable is not limited to a specific amount and constitutes a bond of goodwill between the families of the bride and the bridegroom for the entire life of the bride and even after her death. The prospective bridegroom would be expected to give up one, two or three head of cattle each time his father-in-law turned to him for help.13 Therefore, it is inconceivable that the bridegroom would refuse to give him the cattle if he was in a position to help. Moreover, there is the influence of tradition as well as the religious sanction.14 There is a belief among traditionalists as well as non-traditionalists that a woman for whom lobolo was not delivered will not have children.15 This does not mean that lobolo buys the reproductive capacity of a woman, but that the ancestors will not allow her to procreate.16 The South African Law Commission17 has noted that the payment of lobolo
is the framework that people use to express and to bring about complicated changes in terms of relationships and deep changes in terms of emotional realities, values, attitudes and concepts. It is also the language that the ancestors understand and bless.
This shows that people who adhere to the custom of lobolo view it as a significant custom that connects them with their ancestral spirits. Failure to pay it might therefore bring bad luck and the bridegroom may encounter difficulties if he resists the payment of lobolo. These views on lobolo are affirmed by the observation that lobolo is widely practised by most black South Africans, who are not prepared to abandon it despite the difficulties it gives rise to.
If the wife's father or guardian demands a reasonable amount of lobolo, the bridegroom has an obligation to comply with those demands.18 The failure to comply therewith entitles the father or guardian of the wife to theleka her until the demand has been met. This means that the wife, together with her children, can be taken back to the wife's family group and held under theleka until her husband complies with the demand for the payment of lobolo.19 The wife's father or guardian usually resorts to theleka rather than a court action for the enforcement of lobolo, and if the wife's father were to institute a court action without resorting to theleka, his son-in-law could raise the omission to thelekaas a defense.20
South African courts have already ruled that the wife's father or guardian should not be entitled to resort to customary law methods for the enforcement of lobolo in relation to civil or Christian marriages.21 This shows that the guardianship of children born of a civil marriage is governed by common law.22 It is relevant to consider the civil law position in regard to this issue. This point is made here because the payment of lobolo is not essential to the validity of a civil or Christian marriage. In the case of Cheche v Nondabula23 the parties were Hlubis. The father of the bridegroom (the defendant) was involved in the negotiations that preceded his son's marriage. The defendant paid to the plaintiff eight head of cattle and the equivalent of three others in cash as lobolo. The plaintiff sued, among other things, for the payment of fourteen head of cattle and one horse as the balance of lobolo. It was a custom amongst the Hlubis to have a fixed amount of lobolo of twenty-five head of cattle and one horse. The defendant pleaded that he had agreed to pay only twelve head of cattle, but the court rejected his evidence and treated the case as one in which there was a marriage without an express lobolo agreement. The court held that the payment of loboolo is not essential to the validity of a civil or Christian marriage. When it is paid in a civil marriage the lobolo contract is ancillary to the marriage contract and must be subject to a special agreement and cannot be implied. The court held further that the custom of theleka is not consistent with Roman-Dutch law of marriages.
In a similar case of Gomani v Baqwa24 the plaintiff sued for the return of lobolo paid by him to the defendant whose daughter he married according to civil rites. In this case it was alleged that the woman had committed adultery and deserted the plaintiff and thereafter cohabited with Luswazi This marriage was dissolved by the court of the chief magistrate on the ground that the wife committed adultery. The magistrate held that the dissolution of a Christian marriage has nothing to do with the question of the return of lobolo.
The following section deals with custody in customary law and how it is regulated.
3 Custody in customary law
Custody is defined by Bekker as:
the capacity of a person to have actual physical "possession" of the minor, to live with him or her, to take care of him or her and to assist him or her in his or her daily life.25
In communities practicing theleka the wife and her children are held by the guardian or father of the wife until the payment of lobolo is made. This practice has an impact on the custody of the children because the father of the wife gains the possession of her daughter together with her children and lives with them until the payment of further lobolo has been made. To put it differently, the parents-in-law of the husband take custody of his children.
In customary law, the parental rights are determined by the payment of lobolo26 If the husband has complied with his duty to pay lobolo, he and his family group have full parental rights to the children had by the wife during the existence of the marriage. Customary law places more emphasis on deciding to which family a child is linked. This is aptly summed up in Madyibi vNguvê27 as follows:
By nature the progeny of a woman accrue to her father's group and are members of his group and tribe for religious and political purposes ... these rights and duties are transferred by Native law to another group only on contraction of a valid customary union whereby the woman's group receives lobolo from the other group and transfers the natural right to the woman's productive powers and her progeny to the group providing lobolo.
However, our courts are in favour of giving effect to the principle of the best interest of the child whenever the custody of the child is under dispute.28
In the case of Hlophe v Mahlalela,29 the court applied the principle of the best interest of the child when the father of a minor child was seeking custody of his child based on the fact that he had partially paid lobolo. The court was afforded the opportunity to consider the award to a father of the custody of his minor children after the death of his wife. The spouses had been married under Swazi customary law and the payment of lobolo had not yet been settled at the time of death of the wife. Van den Heever AJ held that notwithstanding any general customary law position regarding the custody of children, the basic principles of customary law regulating child custody had been excluded in favour of the common law.30 This meant that the principle of best interest of the child took precedence over the basic principles regulating custody in customary law.31 This case shows that issues relating to the custody of a minor cannot be determined by the mere delivery or non-delivery of lobolo.
The custom of theleka has an impact on the custody of children held in terms of that custom because the children so held might be prevented from attending a school they are used to, or even the quality of the education they receive might be affected. In the light of the constitutional protection of the right to education, it becomes obvious that theleka carries grave implications. The right to education is protected in the Constitution32 and is a universally recognised right. The United Nations Declaration of Human Rights proclaims that "education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms".33 Parents are vested with the prior right to choose the kind of education to be given to their children.34 A similar provision is contained in the International Covenant on Economic, Social and Cultural Rights. This Covenant recognises the right to education and provides that education should be purposive and "directed to the full development of the human personality and the sense of dignity".35 It is submitted here that the right of the child to human dignity and other rights enshrined in the latter international human rights instruments would be violated if he or she were to be prevented from attending school just because of the incomplete payment of lobolo for the mother.
The following section analyses the concept of the best interests of the child.
4 The best interests and wishes of the child
The Convention on the Rights of the Child36 stipulates that the best interests of the child shall be a primary consideration in all actions concerning the child. South Africa is compelled to implement the principle of safeguarding best interests of the child because it is a signatory to the convention. South Africa has gone a further step in promoting the best interest of the child by incorporating the principle in section 28 of the Constitution, which provides that "a child's best interests are of paramount importance in every matter concerning the child". It has been noted that it is not an easy exercise to determine the best interest of the child. Further, the question is exacerbated by the fact that the issue has not been given exhaustive treatment in South African, foreign or international jurisprudence.37 Furthermore, the wording does not prescribe the range of factors that must be considered in determining what constitutes the child's best interests.38 The imprecision that surrounds the concept has led one of the commentators to declare that it is indeterminate and working with it is similar to exercising "Solomonic judgment."39 The other difficulty about the principle is that "what is best for a specific child or children cannot be determined with absolute certainty".40 This is aptly summed up in the Constitutional court judgment in S v M.41 There Sachs J acknowledged the indeterminacy of the notion of "the best interest of the child" and stated that it provides little guidance to those given the task of applying it. The learned Justice held that:
... it is necessary that the standard should be flexible as individual circumstances will determine which factors secure the best interests of a particular child. Furthermore, the list of factors competing for the core of best interests is almost endless and will depend on a particular factual situation.42
Bennett observed that "according to the conventional wisdom in the 1930s, 1940s and 1950s, customary law had no particular concern with the welfare of children.
Instead its emphasis lay on deciding to which family a child should be affiliated".43 It is a pity that even today the best interests of the child and the wishes of the child are not taken into consideration by those communities that practice the custom of theleka as a way of enforcing loboolo agreements.
The failure to consider the best interests of the child and the wishes of the child conflicts with the provisions of the Convention on the Rights of the Child, which emphasises the significance of considering the opinion of a child when determining his or her best interests. The Convention stipulates that:
1 States parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2 For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.44
Similarly, the European Convention on the Exercise of Childdren's Rights45 stipulates that a child:
Considered by internal law as having sufficient understanding shall in judicial proceedings affecting him be granted and be entitled to request the following rights:
a) To receive all the relevant information;
b) To be consulted and express his or her own views;
c) To be informed of the possible consequences of compliance with these views and the possible consequences of any decision.
The African Charter on the Rights and Welfare of the Child46 also protects the best interests of the child47 in similar terms to those provided by the United Nations Convention on the Rights of the Child. It provides that the views of the child have to be taken into consideration in matters affecting the child as follows:
In all judicial or administrative proceedings affecting a child who is capable of communicating his or her own views, [an] opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings, and those views shall be taken into consideration by the relevant authority in accordance with the provisions of appropriate law.48
The provisions of the latter international and regional human rights instruments lead to an inference that the custom of theleka conflicts with them. The consideration of the child's opinion in matters affecting him or her is of crucial importance because it enables the court to be acquainted with the child's needs, problems and aspirations, the kind of relationship he has with each parent, and the child's personality.49 In order for the opinion of a child to be considered, his or her age50 and maturity51 have to be considered too.
The following section discusses whether theleka custom constitutes abduction or not.
5 Does theleka constitute abduction?
Snyman defines abduction as:
[a] person, either male or female, commits abduction if he or she unlawfully and intentionally removes an unmarried minor, who may likewise be either male or female, from the control of his or her parents or guardian and without the consent of such parents or guardian, intending that he or she or somebody else may marry or have sexual intercourse with the minor.52
The theleka custom does not constitute abduction, because the action of the father or guardian of the wife to resort to theleka custom as a way of enforcing lobolo is not unlawful and it is permitted in those communities practising it. The intention of a person practicing theleka custom is to enforce lobolo agreement and not to marry or have sexual intercourse with the minor. Therefore, the argument that theleka custom constitutes abduction is not persuasive. It is submitted here that theleka custom does not constitute abduction.
The following section will discuss whether the custom of theleka constitutes family violence or not.
6 Does theleka constitute family violence?
The following acts are recognised as domestic violence in the Domestic Violence Act:53 physical abuse; sexual abuse; emotional, verbal and psychological abuse; economic abuse; intimidation; harassment; stalking; damage to property; entry into complainant's residence without consent, where the parties do not share the same residence; any other controlling or abusive behaviour towards a complainant, where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the complainant.
In the light of this definition the challenge is that some husbands believe that they are entitled to chastise or assault their wives physically because they paid lobolo for them.54 Assault is a form of physical abuse that constitutes family violence.55 The belief that it is permissible to assault or chastise women is exacerbated by a change in the practices regarding the payment of lobolo. nowadays grooms usually pay lobolo from their own pockets, rather than having their families pay lobolo for their first wives.56 This tendency has led to the limitation of the groom's family's ability and willingness to intervene in the marriage and to end family violence.57 Currie and Bonthuys58 have aptly argued that the vulnerability of women to family violence has increased, as follows:
Because lobolo is paid to wives' fathers and is often spent shortly after being received, wives' families may be reluctant to allow them to return home when they suffer domestic violence because of their inability to return the lobolo to the husband. Thus women's own families may collude with violent husbands to trap them in abusive marriages.59
On the other hand, theleka custom serves as a way of stopping family violence. It is practiced when the husband has ill-treated his wife, especially by seriously assaulting her. The father or guardian of the wife may request a beast as damages from his son-in-law if the latter has assaulted his wife. The beast paid may be in excess of the lobolo originally specified. This purpose of theleka custom is good, because it reduces instances of family violence by demanding that the wrongdoer (the husband) has to pay damages if he has assaulted his wife.
It is noted that, despite its advantages, the custom has weaknesses. This is because the payment of one beast or two as damages for assaulting a wife might not be too difficult a fine for rich men. Thus a rich man could assault his wife repeatedly knowing that he will be able to afford to pay damages. This eventually might expose 416 / 536 rural women to family violence despite the practice of theleka custom, which is otherwise designed to protect them.
The chastisement of a wife by her husband is a family matter that is generally regarded as a private matter and is not meant for the eyes and ears of outsiders, and communities disapprove of women who resort to public forums to deal with domestic violence.60 A wife would therefore approach a traditional court only as a last resort. This is exacerbated by the fact that the Domestic Violence Act, which aims to provide speedy, effective and accessible relief to various complainants,61 seems to be an unfulfilled dream to rural women. This is because it can be enforced only by Magistrate Courts and Family Courts62 and traditional courts have no authority to issue protection orders. This poses problems because there are approximately 1500 traditional courts operating in South Africa.63 It is argued that rural women under the jurisdiction of these traditional authorities might be limited by linguistic and economic reasons from accessing Magistrates' Courts and Family Courts. This weakness is a matter of serious concern "if one considers the fact that almost 32 per cent of South Africa's traditional communities of about 35 million people live in the rural areas and therefore fall under the authority of traditional authorities".64 As a result, it is submitted that there is a need to extend the authority to impose protection orders to traditional courts. At the same time it is also submitted that the custom of theleka does not constitute family violence. The following section discusses what should be done about theleka custom in order for it to accord with the Constitution. As will be seen, it will be argued that the theleka custom ought to be developed.
7 Development of theleka custom
It is noted that the Constitution65 protects the right to culture in numerous provisions which refer to the cultural diversity of the South African population. The preamble to the Constitution, for instance, clearly refers to the diversity of the South African population. The Constitution66prohibits unfair discrimination on the grounds inter alia of culture. In addition the Constitution67 provides for the protection and the promotion of the rights of traditional, religious, cultural and linguistic communities. It also provides for the establishment of a Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities68 and chapter 12 deals with the recognition and role of traditional leaders. It is crucial to note that all of the constitutional provisions dealing with the promotion and protection of the right to culture and religion are subject to the values that underlie the Constitution. In order for the latter rights to have meaning and true protection there is a necessity to start by developing a customary rule in accordance with the Constitution whenever possible, and to use abolition only as a last resort.
Section 39 of the Constitution provides that:
1 When interpreting the Bill of Rights, a court, tribunal or forum-
(a) Must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b)Must consider international law; and (c) May consider foreign law
2 When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and object of the Bill of Rights.
3 The Bill of Rights does not deny the existence of any other right and freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill.
The court's obligation as provided in the above section is emphasized in the case of Carmichele v Minister of Safety and Security69 where the Constitutional Court held that:
The obligation of courts to develop common law in the context of the section 39 objectives is not purely discretionary. On the contrary, it is implicit in section 39(2) read with section 173 that where the common law as it stands is deficient in promoting the section 39(2) objectives, the courts are under a general obligation to develop it appropriately.
The Carmichele case applies equally to the development of customary law. When a customary law rule deviates from the spirit, purport and object of the Bill of Rights, courts have an obligation to develop it so as to remove such deviation.70 The development of customary law is important because "once a rule is struck down, that is the end of that particular rule, yet there may be many people who observe the rule".71 Theleka custom is still practised in some communities72 and it serves a twofold purpose, namely the enforcement of lobolo and the prevention of violence directed against married females.
Despite the good intentions underlying the theleka custom, it violates the best interests of the child because the voice of the child is not heard when the child is held under theleka, particularly in that it may interfere with the educational rights of the child.
8 Conclusion
As has been argued above, the rights of a child are still severely affected and not taken into consideration in those communities that practice the custom of theleka. It is submitted in this article that the custom of theleka as it is practised at present impacts on the custody of children and clashes with the provisions of the United Nations Convention on the Rights of the Child,73 the African Charter on the Rights and Welfare of the Child,74 the European Convention on the Exercise of Children's Rights 75 and the Constitution of South Africa. 76 This conclusion is made here because the best interests of a child and the opinion of the child are not taken into consideration when practicing theleka custom, while the international instruments mentioned above emphasise that the views of a child have to be considered in matters affecting him or her. It is submitted that theleka custom needs to be developed to consider the opinion and wishes of the child in order for it to be in line with the Constitution. This article has drawn an inference that theleka custom neither constitutes abduction nor family violence and that the practice should be allowed to continue.
Bekker JC Seymour's Customary Law in Southern Africa 5th ed (Juta Cape Town 1989) [ Links ]
Bekker JC "Commentary on the Impact of the Children's Act on Selected Aspects of the Custody and Care of African Children in South Africa" 2008 Obiter 395-405 [ Links ]
Bekker JC and Van Zyl GJ "Custody of Black Children on Divorce" 2002 Obiter 116-131 [ Links ]
Bennett TW "The Best Interests of the Child in an African Context" 1999 Obiter 145-157 [ Links ]
Bennett TW Customary Law in South Africa (Juta Cape Town 2004) [ Links ]
Curran E and Bonthuys E "Customary Law and Domestic Violence in Rural South African Communities" 2005 SAJHR 607-635 [ Links ]
Dlamini CRM Juridical Analysis and a Critical Evaluation of Lobolo in a Changing Zulu Society (LLD-thesis UZ 1983) [ Links ]
Grossman CP and Scherman IA "Argentina: Criteria for Child Custody Decision-making upon Separation and Divorce" 2005 Fam L Q 543-562 [ Links ]
Heaton J "Some General Remarks on the Concept: Best Interests of the Child" 1990 THRHR 95-99 [ Links ]
Kaime T The African Charter on the Rights and Welfare of the Child: A Socio-Legal Perspective (PULP Pretoria 2009) [ Links ]
Knoetze E "Custody of a Black Child" 1999 Obiter 207-214 [ Links ]
Koyana DS Customary Law in a Changing Society (Juta Cape Town 1980) [ Links ]
Labuschagne JMT "International Parental Abduction of Children: Remarks on the Overriding Status of the Best Interests of the Child in International Law" 2000 CILSA 333-347 [ Links ]
Lempert LB "Shelters: For Abused Women, or Abusive Men? As Aids to Survival, or as Rehabilitation Sites?" 2003 Agenda 89-100 [ Links ]
Maithufi IP "The Best Interests of the Child and African Customary Law" in Davel CJ (ed) Introduction to Child Law in South Africa (Juta Cape Town 2000) 137-149 [ Links ]
Mahlobogwane FM "Determining the Best Interests of the Child in Custody Battles: Should a Child's Voice be Considered?" 2010 Obiter 232-246 [ Links ]
Malinowski B Crime and Custom in Savage Society (Kegan Paul Trench & Trubner London 1961) [ Links ]
Mnookin RH "Child Custody Adjudication: Judicial Functions in the Face of Indeterminacy" 1975 LCP 226-230 [ Links ]
Olivier NJJ et al Indigenous Law (Butterworths Durban 1995) [ Links ]
Peart A Consideration of Certain Aspects of Customary Law (LLM-dissertation UCT 1981) [ Links ]
Rautenbach C "Therapeutic Jurisprudence in the Customary Courts of South Africa: Traditional Authority Courts as Therapeutic Agents" 2005 SAJHR 323335 [ Links ]
Rautenbach C, Bekker JC and Goolam NMI Introduction to Legal Pluralism in South Afrcca 3rd ed (Juta Cape Town 2010) [ Links ]
South African Law Reform Commission The Harmonisation of the Common Law and the Indigenous Law (Project 90) (SALRC Pretoria 1998) [ Links ]
Soga JH The ama-Xosa: Life and Customs (Lovedale Press Lovedale 1931) [ Links ]
Snyman CR Criminal Law 5th ed (LexisNexis Durban 2008) [ Links ]
Register of cases
Baleni v Sidlo 4 NAC 344
Bhe v Magistrate Khayelitsha; Shibi v Sithole; SA Human Rights Commission v President of RSA 2005 1 BCLR 1 (CC)
Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC)
Cheche v Nondabula 1962 NAC 23 (S)
Gomani v Baqwa 3 NAC 71 (1917)
Greenshields v Wyllie 1989 4 SA 898 (W)
Hlophe v Mahlalela 1998 1 SA 449 (TPD)
Mathews v Mathews 1983 4 SA 136 (SE)
Martens v Martens 1991 4 SA 287 (TPD)
Mbuli v Mehlomakhulu 1961 BAC 66 (S)
McCall v McCall 1994 3 SA 201 (C)
Meyer v Gerber 1999 3 SA 550 (O)
Mkohlwa v Mangaliso 1 NAC 202 (1908)
Menzi v Matiwane 1964 NAC (S)
Minister of Welfare and Population Development v Fitzpatrick 2000 3 SA 422 (CC)
Mkhize 1951 NAC 336 (NE)
Monghayelana v Msongelwa 3 NAC 292 (1913)
Msomi v Msomi 1968 BAC (N-E)
Mvunyiswa v Mayile 1964 BAC (S)
Ngxabalaza v Njovane 1939 NAC (C&O)
Ntlekwini v Maqokolo 4 NAC 345
Oppel v Oppel 1973 3 SA 675 (T)
S v M 2008 1 SA 232 (CC)
Skweyiya v Sixakwe 1941 NAC (C& O)
Ttyeka v Feja4 NAC 343
Register of legislation
Constitution of the Republic of South Africa, 1996
Chlddren's Act 38 of 2005
Domestic Violence Act 116 of 1998
Recognition of Customary Marriages Act 120 of 1998
Register of international agreements
African Charter on the Rights and Weffare of the Child (1990)
European Convention on the Exercise of Children's Rights (1996)
International Covenant on Economic, Social and Cultural Rights (1966)
Untted Nations Convention on the Rights of the Child (1989)
Untted Nations Universal Declaration of Human Rights (1948)
List of abbreviations
CILSA Comparative and International Law Journal of Southern Africa
Fam L Q Family Law Quarterly
LCP Law and Contemporary Problems
SAJHR South African Journal on Human Rights
SALJ South African Law Journal
SALRC South African Law Reform Commission
THRHR Tydskrif vir Hedendaagse Romeins-Hollandse Reg / Journal for Contemporary Roman-Dutch Law
* I am highly indebted to my colleague, WJ Ndaba, for reading this paper. However, the mistakes, interpretations and conclusions expressed in this paper are entirely mine
1 Section 1(4) Recognition of Customary Marriages Act 120 of 1998.
2 Section 1(4) Recognition of Customary Marriages Act 120 of 1998.
3 The custom of theleka takes place when a wife visits her home and after the expiry of the normal visiting time she continues to stay at her home and does not return to her husband's home. Her husband then sends messengers to fetch her and they are informed of why she is being held. Theleka is the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo. The/eka can also be practised when the husband has ill-treated his wife, especially by seriously assaulting her. The father of the wife may demand a beast that serves as damages if the husband has ill-treated his wife. The beast paid may be in excess of the lobolo originally specified. See Koyana Customary 12-16.
4 Rautenbach, Bekker and Goolam Introduction to Legal Pluralism 57.
5 Rautenbach, Bekker and Goolam Introduction to LegalPuuralssm 57.
6 Constitution of the Republic of South Africa, 1996 (hereafter "the Constitution").
7 McCal v McCall 1994 3 SA 201 (C).
8 SALRC Harmonisation of the Common Law ch 4.
9 SALRC Harmonisation of the Common Law ch para 220.127.116.11 at 61.
10 Dlamini Juridical Analysis 322.
11 Dlamini Juridical Analysis 322.
12 Bekker Seymour's Customary Law 163.
13 Dlamini Juridical Analysis 322.
14 Malinowski Crime and Custom 52.
15 Malinowski Crime and Custom 52.
16 Dlamini Juridical Analysis 322.
17 SALRC Harmonisation of the Common Law ch 4.
18 Bekker Seymour's Customary Law 163; Olivier et al Indigenous Law 28; Soga The ama-Xosa 263 et seq; Skweyiya vSixakwe 1941 NAC (C& O) 126; Ngxabalaza v Njovane 1939 NAC (C&O) 96.
19 Bekker Seymour's Customary Law 164; see also the following cases cited by Bekker, namely: Mkhohlwa v Mangaiiso 1 NAC 202; Tiyeka v Feja 4 NAC 343; Baleni v Sidlo 4 NAC 344; Nt/ekwini v Maqokolo 4 NAC 345.
20 Mkohlwa v Mangaliso 1 NAC 202 (1908); Menzi v Matiwane 1964 NAC 58 (S); Monghaye/ana v Msongelwa 3 NAC 292 (1913); Skweyiya v Sixakwe 1941 NAC (C&O) 126.
21 Cheche v Nondabu/a 1962 NAC 23 (S) 28; Menzi v Matiwane 1964 NAC 58 (S); Monghaye/ana v Msongelwa 3 NAC 292 (1913); Skweyiya v Sixakwe 1941 NAC (C&O) 126; Peart Consideration of Certain Aspects of Customary Law 56.
22 Mbui v Mehlomakhuuu 1961 BAC (S) 66; Msomi v Msomi 1968 BAC (N-E) 29; Mvunysswa v Mayile 1964 BAC (S) 25.
23 Cheche vNondabuaa 1962 NAC 23 (S).
24 Gomani v Baqwa 3 NAC 71 (1917).
25 Bekker and Van Zyl 2002 Obtter 128.
26 Bennett Customary Law 285.
27 Madyibi v Nguva 4 NAC 40 as quoted by Bekker 2008 Obtter 403.
28 Mkhize 1951 NAC 336 (NE). There is a great deal of literature on the best interests of the child, but it has not been argued that the principle of the best interest ought to be extended even during the application of theleka custom. See Bennett 1999 Obiter 145; Knoetze 1999 Obiter 207-214; Labuschagne 2000 CILSA 333-336; Maithufi "Best Interests of the Child" 137-149.
29 Hlophe v Mahaaeaa 1998 1 SA 449 (TPD).
30 Hlophe v Mahaaeeaa 1998 1 SA 449 (TPD) 458F-G.
31 Hlophe v Mahaaeeaa 1998 1 SA 449 (TPD) 458G-459C.
32 Section 29 of the Constitution.
33 Article 26 Untted Nations Universal Declaration of Human Rights (1948).
34 Article 26(3) United Nations Universal Declaration of Human Rights (1948).
35 Article 13(1) International Covenant on Economic, Social and Cuttural Rights (1966).
36 Article 3(1) Untted Nations Convention on the Rights of the Ch/ld (1989).
37 Minister of Welfare and Popu/ation Development v Fttzpatrcck 2000 3 SA 422 (CC).
38 Kaime African Charter 110.
39 Mnookin 1975 LCP 226.
40 Mahlobogwane 2010 Obtter 233; Heaton 1990 THRHR 96-97.
41 S v M 2008 1 SA 232 (CC) para 24.
42 S v M 2008 1 SA 232 (CC) para 24.
43 Bennett 1999 Obtter 146.
44 Articles 12(1) and (2) Untted Nations Convention on the Rights of the Child (1989). The provisions of the latter article have been incorporated in s 10 of the Chi/ddren's Act 38 of 2005, which provides that: "every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has a right to participate in an appropriate way and views expressed by the child must be given due consideration". In a similar vein, section 31 deals with major decisions involving the child and stipulates that: (i)(a) Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b), that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child's age, maturity and stage of development.
45 Article 3 European Convention on the Exercise of Chtidren's Rights (1996) (South Africa is a signatory of the Convention).
46 Adopted in Addis Ababa, Ethiopia on 11 July 1990 and entered into force on 29 November 1999.
47 Article 4(1) African Charter on the Rights and Weffare of the Ch/dd (1990).
48 Article 4(2) 4(1) African Charter on the Rights and Weffare of the Ch/dd (1990); see also a 19(1) which provides that "... no child shall be separated from his parents against his will, except when a judicial authority determines in accordance with the appropriate law, that such separation is in the best interest of the child".
49 Grossman and Scherman 2005 Fam L Q 557.
50 Greenshiedds v Wyllie 1989 4 SA 898 (W); Oppel v Oppel 1973 3 SA 675 (T); Mathews v Mathews 1983 4 SA 136 (SE). In these cases the courts were inclined to consider the age of the child rather than the maturity.
51 McCall v McCall 1994 3 SA 201 (C); Martens v Martens 1991 4 SA 287 (TPD); Meyer v Gerber 1999 3 SA 550 (O). In these cases the courts decided to consider the maturity of the child rather than the age.
52 Snyman Criminal Law 403.
53 Section 1(viii) Domestic Violence Act 116 of 1998 (hereafter "the Domestic Violence Act").
54 Bennett Customary Law 251.
55 See also s 1(xvi) of the Domestic Violence Act.
56 Bennett Customary Law 228, 230.
57 Curran and Bonthuys 2005 SAJHR 616-617.
58 Curran and Bonthuys 2005 SAJHR 616-617.
59 Curran and Bonthuys 2005 SAJHR 616-617.
60 Lempert 2003 Agenda 89-100.
61 See the preamble of the Domestic Violence Act.
62 See the definition of a court in s 1 of the Domestic Violence Act.
63 Bennett Customary Law 141; clause 16(1) of Schedule 6 of the Constitution.
64 Rautenbach 2005 SAJHR 334.
65 Sections 30, 31, 211 and 212 of the Constitution.
66 Section 9(3) of the Constitution.
67 Sections 15, 30 and 31 of the Constitution.
68 Sections 185 and 186 of the Constitution.
69 Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) para 39.
70 Bhe v Magistrate, Khayelttsha; Shbbi v Stthole; SA Human Rights Commsssion v President of RSA 2005 1 BCLR 1 (CC) para 215.
71 Bhe v Magistrate, Khayelttsha; Shbbi v Stthole; SA Human Rights Commsssion v President of RSA 2005 1 BCLR 1 (CC) para 215.
72 Rautenbach, Bekker ans Goolam Introduction to LegalPlurattsm 57.
73 Article 12(1) and (2) United Nations Convention on the Rights of the Child (1989).
74 Articles 4(2) and 19(1) African Charter on the Rights and Weffare of the Chldd (1990) (South Africa is a signatory).
75 Article 3 European Convention on the Exercise of Chiddren's Rights (1996).
76 Section 28(2) of the Constttution.


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Welcome to the Green Family event hosted by Formula Mom and Glow Bug! This event will run from September 15th through the 30th. Each participating blog features at least one prize package valued at $20 or more. This event will cover everything from mom to baby and it's all eco-friendly!
The Lunette menstrual cup is a great way to go green during your time of the month. It's easy to use, compact, and environmentally friendly! Valued at $39.99, the Lunette cup not only reduces waste, it also will save you money!
For more information, read my review here.
The Willow Store carries natural feminine products, cloth diapers, and natural cleaning supplies! Enter to win a mama cloth mini kit from the Simmworks Family Blog valued at $56.95 and try out a greener side to your period. This kit includes:
- 3 regular pads
- 3 hemp panty liners
- 1 anywhere bag
- 1 reusable gift bag
See if mama cloth is right for you then add to your stash!
For more information, read my review here!
And because no package is complete until there's something for the little one, Mama's Emporium is allowing you to do a little shopping of your own in their store with a $25 gift card. From Piggy Paint to Rump-a-rooz cloth diapers, you can find a great selection of eco-friendly products to choose from!
For more information about Mama's Emporium, read my review here.
Your little one's tush can't look any cuter with a Delicious Applecheeks cloth diaper on! Not only is it super easy to use, it's super cute as well! Applecheeks is offering an cloth diaper to include in this amazing prize package valued at $19!
For more information about Applecheeks, read my review here.
Glow Bug Cloth Diapers is the grand prize sponsor for the Green Family giveaway. One lucky reader will win a complete cloth diaper stash! The stash includes 24 cloth diapers with inserts featuring the newest prints! The winner will be able to choose from either a boy set or a girl set.
Enter the Grand Prize Giveaway!
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Disclosure: Formula Mom, and the Green Family bloggers are not responsible for sponsors that fail to fulfill their prizes.


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The Conversation Prism 3.0 for 2010
Brian Solis and JESS3 have released v3.0 of The Conversation Prism for 2010. The Conversation Prism is a great infographic showing the major players in each of 28 different online conversation categories. The original 1.0 version from August 2008 (image available on Flickr) only had 22 categories, and some of those only had one player.
You can buy the poster (I've got v2.0 hanging in my office) for $20, or there are also some great multi-pack deals for 3 posters for $40 or 4 posters for $50.
One of the best projects I've worked on is to use this idea to help companies map out their own corporate online strategy. Which if these categories and tools are you trying to use to drive your business? My advice, don't try them all, be targeted about which ones are best to reach your target customers. Use this as a guide, but make your own company-specific conversation prism.
Found on FastCoDesign by Cliff Kuang


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|Jepson Flora Project: Jepson Interchange
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Jepson Interchange (more information)
©Copyright 1993 by the Regents of the University of California
Annual to bamboo-like; roots generally fibrous
Stem generally round, hollow; nodes swollen, solid
Leaves alternate, 2-ranked, generally linear; sheath generally open; ligule membranous or hairy, at blade base
Inflorescence various (of generally many spikelets)
Spikelet: glumes generally 2; florets (lemma, palea, flower) 1many; lemma generally membranous, sometimes glume-like; palea generally ± transparent, ± enclosed by lemma
Flower generally bisexual, minute; stamens generally 3; stigmas generally 2, generally plumose
Fruit: achene-like grain
Genera in family: 650900 genera; ± 10,000 species: worldwide; greatest economic importance of any family (wheat, rice, maize, millet, sorghum, sugar cane, forage crops, ornamental, weeds; thatching, weaving, building materials)
Reference: [Hitchcock 1951 Manual grasses US, USDA Misc Publ 200; Clayton & Renvoise 1986 Kew Bull Add Series 13]
See Glossary p. 26 for illustrations of general family characteristics. Generally wind-pollinated.
Annual, perennial herb; stolons and rhizomes generally 0
Stems decumbent to erect
Leaves basal and cauline; sheath open ± to base; ligule thinly membranous, acute to truncate, sometimes toothed
Inflorescence panicle-like; lower branches reflexed to erect; spikelets stalked
Spikelet bisexual; glumes < lowest floret, lower glume generally 1-veined, upper 3-veined; florets 29; lemma generally firm, back generally rounded, sometimes weakly keeled near tip, margin entire to scabrous-serrate near tip at 10X , glabrous to weakly puberulent at base, generally faintly 5-veined; awn 0; palea ± = lemma
Species in genus: 50 species: temp to arctic, North America, Eurasia
Etymology: (B. Puccinelli, Italy, 18081850)
Reference: [Davis 1983 Syst Bot 8:341353]
Generally on wet saline or alkaline soils; some species difficult to separate without hand lens.
PerennialSee the CNPS Inventory for information about endangerment and rarity.
Leaf: cauline blade inrolled, 23 mm wide when flat
Inflorescence 37 cm; lower branches reflexed to ascending in fruit; spikelet stalk glabrous to sparsely scabrous
Spikelet: lemma tip acute to obtuse, margin near tip entire to sparsely scabrous, lower lemma 2.53 mm; anthers of lowest floret 0.51 mm
Chromosomes: 2n=42,56
Ecology: UNCOMMON. Marshes and flats
Elevation: < 10 m.
Bioregional distribution: North Coast
Distribution outside California: to Alaska, ne N.America


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A new mother in Porirua, New Zealand causes global uproar by leaving her baby in a locked car with a note pinned to the blanket telling people to ring her cell if the baby was in need. Meanwhile, parents in Sweden routinely leave children outdoors to nap in strollers without a second thought. Both stories have sparked debate on child endangerment, judgment calls, cultural differences, and parental education.
"After a photo of the baby and the note was published in The New Zealand Herald, people of course got riled up. Leaving a child unattended can lead to severe consequences in any country."
That statement is almost true, however the definition of "unattended" does vary from nation to nation.
In the United States and, judging from news articles, New Zealand as well, the sight of a baby left unattended results in police being called immediately and the word "abandonment" figuring in headlines. Such is not the case in Sweden where long tradition has babies napping in their prams in the snow from birth to age two, according to BBC News. This occurs in busy shopping areas as well as less trafficked areas.
The BBC reports that while daytime temperatures in Stockholm have regularly dropped to -5C (23F), "it's still common to see children left outside by their parents for a sleep in the pram. Wander through the snowy city and you'll see buggies lined up outside coffee shops while parents sip on lattes inside."
A poll in Norway asked parents how many let their babies sleep outdoors/outside a café and 84 percent say yes, they do.
My friend lives Norway, an hour from Oslo, and is one of the best mothers I have ever met and her job is to work with children ages one and two at a kindergarten there. She asks that her name not be mentioned so as not to upset her employer, but she told me just now, via Facebook chat, "Yes, babies sleep outdoors in Norway, privately and in day care and NO they are never ever unattended ."
She explained, "There are 14 babies in my section ages 1-2 and they all nap outside during the daytime for 1-2 hours they wear wool and then another layer on top of that and then they are in a sub zero sleeping bag. The fresh air is very healthy for them and they sleep better."
"They sleep outside as long as it is not colder than minus 10 C colder than that some parents still request outdoors sleeping but our general rule is that unless really cold winds. There is ALWAYS an adult watching listening for breathing constantly checking that everything is ok. and when people do this privately, as everyone does, they put the stroller by a window so that they can check and it has never ever happened that a baby has been kidnapped here for this. In denmark they do the same. One danish woman was arrested in NY city for doing this outside a café."
I am fine with the sleeping outside in the cold part after a pediatrician had me bundle fhe first of my first of four sons in his stroller on the front porch of our Medford, N.J. home for naps when he was suffering the croup while snow piled high on the ground. I have done so with every sick baby since and healthy ones as well, taking care to bundle them and myself as I sat on the porch with them or sat by the window and watched like a ninja mom.
I can't imagine any scenario in which I would ever intentionally leave a baby unattended outside.
However, in the New Zealand incident, a parking-lot witness told the Herald:
"It was written from the baby's perspective, and it said, 'my mum's in doing the shopping, call her if I need anything,' and it had the cellphone number We waited there for a little bit, wondering if the mum was just going to be two seconds and come back. And my wife said, 'I'm not going in without someone being here with the baby.'"
According to Susan Pollack, curriculum and program director for Children's Harbor of Virginia the dangers are not only physical but spiritual issues on trust in their care giver. "This is a big deal because think of not only a child possibly choking from vomit but also what if someone hits that car in the lot? What about the baby in the news who almost lost a pinkie because a hair got wrapped around it (in what's known as a hair tourniquet) and there's nobody there for who knows how long? Then we have the whole trust issue too."
"I always tell new parents to imagine themselves as a quadriplegic in a chair with no means of getting words out, totally dependent for everything — that's a baby," Pollack said. "A baby's signals must be read and they're not asking for a new car here," she added. "They're asking for someone they can trust to respond to their needs. Leaving a child alone to cry until someone calls the mother's cell phone? That is raising a child to know the person who counts the most can't be trusted to answer their needs. They need that relationship."
My Norwegian friend agrees that the case of the New Zealand baby being unattended makes it an absolute no-no in her country as well.
"That [a baby unattended or out of sight] never ever happens here," she said. "Parents constantly watch the sleeping babies though not with thoughts of kidnapping, but more safety like crib death or temperature falling or waking."
So, despite the fact that cultural and climate differences may result in a baby being put outside, while getting some healthful fresh air is not a crime while under a keenly watchful eye, leaving a baby or child unattended in a public place or locked into a vehicle is never, ever right.
I have four sons and I have made scads of mistakes along the way over the past 19 years, and from those mistakes comes a certain amount of confidence in telling new parents and non-parents who are interested the following: We do not leave an infant or child in harm's way, out of our reach or sight in public. In addition, we do not leave babies at home alone while we go out on errands because of the fear of a baby choking of reflux or crib death by other circumstance.
These are things that we, as parents, must pass on to our children so that when it's their time to be sleep-deprived, they might make the bad judgment call of going to the store in their slippers, but their child will definitely be in that store with them.


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David Beckham reflected back on a "perfect day" after making his Paris St Germain debut in a 2-0 victory over their arch rivals Marseille.
The former England captain and Manchester United man, who joined PSG on a five-month deal last month, came off the bench in the 76th minute on Sunday night to become the 400th player to represent the club.
PSG were leading 1-0 at the time thanks to Lucas Moura's deflected early opener at the Parc des Princes, and Beckham helped his new side seal victory with a second goal through Zlatan Ibrahimovic in injury-time
Beckham chipped a pass into the left-hand channel of the area for Jeremy Menez, whose cross was tucked in by Ibrahimovic for his 22nd goal of the season.
The win restored PSG's three-point lead at the top of the Ligue 1 standings over Lyon, who beat Lorient earlier in the day, while third-placed Marseille are now eight points adrift of the leaders, who are chasing their first title in almost two decades.
A delighted Beckham said on his club's website, www.psg.fr: "I'm very happy tonight, mainly because of the victory.
"We have played better but it was very important to win. Today was the perfect day. Not only because I'm the 400th player in the history of the club but also because I'm part of a very special team.
"The welcome from the supporters was unbelievable, and I want to say thank you to them."
PSG boss Carlo Ancelotti had waited to give Beckham his debut as the former Real Madrid man built up his fitness having not played a competitive match since he helped the Los Angeles Galaxy to the MLS Cup title - his final game for the club after a five-year stay - last December.
Beckham could now make two appearances in four days for his new club after former Chelsea boss Ancelotti suggested the 37-year-old could face Marseille again in midweek.
The Italian said: "Beckham played because he was in the right physical condition and certain players needed a breather. It could be that David Beckham will play on Wednesday in the Coupe de France."
How long can Beckham go on at the top level? Have your say.


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Polling Software provides a platform for companies and individuals to set up online polls relating to a specific topic of their industry or research. In the case of a company, this could be research into a new product or how to make an existing product better. For others, this may be research for university work or simply just for fun.
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Tag Archives: richardson
Don't Let Your Lease Kill the Sale of Your Business
As an asset manager, in the late 90s, working for a large owner of office buildings, I got a phone call from a guy who said he was buying one of the companies in a Dallas building we owned. He said his company planned to close on the sale the next day and he wanted the landlord to consent to the assignment of the lease to him. After checking the lease, I told him that he should have come to us much sooner because the landlord had up to 30 days to approve or reject the assignment. But that wasn't the bad news. The bad news was that the landlord had a right of recapture – the right to terminate the lease if the tenant requested an assignment or sublease. The tenant was paying rent of only $14.50 per square foot (SF), but the market rent had increased to $20.00/SF since the lease was signed. So, you guessed it, the landlord decided to exercise its recapture right. The buyer of the business was a savvy guy and recognized that the landlord was recapturing the space, so it could lease the space for a lot more money and, thus, increase the value of the building.
He asked at what rental rate the landlord would allow the company to remain in the building. I told him $18.50. That additional $4.00/SF for the remainder of the lease term would cost an extra $60,000. He then went back to the seller of the business and gave him a choice – reduce the sales price by $60,000 or the business sale was dead. The deal went through.
What can you do to make sure your landlord doesn't have the power to affect the sale of your business? Negotiate the assignment and sublease clause in your lease properly. Here are a few things to negotiate or consider.
1. Remove Recaputure – at the time you negotiate a lease, make sure there is no landlord right to recapture or terminate. This may be difficult if you are a small tenant in a big building.
2. Add Conditions – at the very least, limit the landlord's right to recapture only in the case that you no longer need the space and sublease it. Prohibit recapture in the case of an assignment associated with a business sale. In some cases, you can negotiate under what conditions you can assign the lease – a related entity, an entity with higher net worth, etc.
3. Be reasonable – make sure the lease adds that the landlord's approval "shall not be unreasonably withheld or delayed."
4. Tenant remains fully liable even if the lease is assigned or subleased. If selling the business, you may be able to waive this liability if the landlord gets something new that it wants – more leased space or a longer lease term.
5. A transfer of stock qualifies as an assignment in most leases where the tenant is not publicly traded.
6. Explain why – it always helps when the landlord understands the reasons for something you request. Explain the structure of the transaction and why it is good for them.
7. Give notice early but avoid false alarms. Let the landlord know as soon as you have high confidence the sale will go through. But don't go to them every time you have a tire-kicker.
8. Consent – ask for the landlord's preferred consent form and ask about their approval process. Landlords rarely will sign a consent form created by you or your broker. Get their form and have it signed by the primary tenant and the subtenant when the sublease is signed. This will speed things up.
9. Be aware of the rights of other tenants. Some tenants may have an exclusive use clause. This means the landlord gave them the right to be the only bank, or mortgage company or whatever in the building. This is more common in retail properties but will occasionally be a factor in an office building.
10. When possible, have the acquiring company sign a new lease. To sign a new lease for the same space, the landlord must terminate the current lease. That's usually the goal of the seller. But the landlord must be getting something it wants in return which usually means stronger credit, more space leased or longer lease term.
11. Expect Fees – most leases now give the landlord a right to charge to review a sublease or assignment. In many cases, they can charge attorney fees on top of their fees. All this is negotiable when creating a new lease though.
12. Indemnity – if the landlord doesn't allow you to be removed from future liability, make sure your business sale documents include a buyer's indemnity of the seller. Of course, if they can't pay the rent, the indemnity probably isn't worth much either.
Business sales often occur with no notice to the landlord. What happens then? This is probably a technical default on the lease and the landlord may be able to exercise its rights including terminating the lease. However, that rarely happens as long as the rent is being paid on time. I don't advocate this approach, of course, because it's an unresolved, outstanding risk to the business.
As always, you should seriously consider your future business goals and objectives before you sign a lease and make sure the lease document is compatible with those goals. It's easier to negotiate these issues when the landlord is trying to get you in their building than when they already have you and you want to sell and leave.
Bob Gibbons is a Real Estate Advisor & Tenant Advocate (also known as a tenant rep) with REATA Commercial Realty, Inc. which is a tenant advisory firm based in Plano, Texas. Bob serves companies in Plano, Frisco, McKinney, Allen, Richardson, Addison, Dallas and the surrounding areas and specializes in companies which lease or buy office and warehouse properties.
Feeling Cramped in the Office?
Have you ever noticed how food manufacturers sometimes shrink the size of your favorite candy bar or bag of chips? The price stays the same, of course, but you just don't get as much.
Well, offices have been getting smaller for a long time at the same time that prices have been going up. The Dallas Morning News reported last month that the average amount of work space per person was 225 square feet (SF) in 2010 and only 7 years later in 2017, the average had fallen 33% to only 151 SF. That's a shocking drop in such a short period of time.
I'm not sure I believe those numbers. Not because I have data to dispute the numbers, but because I have seen reports from other sources that show a drop, for sure, but not nearly that dramatic.
There is no doubt that office densities have increased. Just in my own practice as a tenant rep, I have seen clients reduce the number of offices and increase the number of people in cubes. That reduces the average SF per person which increases density.
However, there is no standard for all companies, industries, or even within an industry. Each company has its own culture and office configuration is a part of that.
I did an analysis of the leases for One of my clients recently. They had acquired 3 companies with offices within 5 miles of each other. The average SF per person went from 126 in one to 229 in a second and 269 in a third. We are now combining those offices into one which will require some deft management since some people will be going from an office to a cube and a smaller work space. They will also be moving most of the offices to the interior of the space with the cubes on the exterior windows as many companies are doing these days and that will be a shock to some of the old guard.
So while I don't necessarily agree with the exact numbers of the article. I definitely agree that densities are increasing across all industries and that is only expected to continue.
Bob Gibbons is a Real Estate Advisor & Tenant Advocate (also known as a tenant rep) with REATA Commercial Realty, Inc. which is a tenant advisory firm based in Plano, Texas. Bob serves companies in Plano, Frisco, McKinney, Allen, Richardson, Addison, Dallas and the surrounding areas and specializes in companies which lease or buy office and warehouse properties.
Open Plan Office Configuration – Productivity Killer?
Open plan offices have been taking it on the chin for a while now. And now Harvard is piling on with a study that says open plan configurations actually reduce face-to-face interactions instead of increasing them as commonly thought.
Inc. did an article in which their headline goes further to say open plans are the "dumbest management fad of all time." They say this because of the reduced interactions Harvard claims.
They go on to say that the only reason left to justify an open floor plan is to save space and, therefore, money. In fact, the author of the article says that companies should just allow people to work from home since that's less expensive than open plan offices.
I haven't seen the Harvard study or the data that supports their claim, but from my own experience with clients in office buildings, the trend is still toward open offices. There are still offices, but they have a a lot of glass and are moving to the interior leaving the "cubes" to enjoy the windows.
In terms of working from home, some companies are moving employees home, but I see just as many bringing employees back into an office from home. They tell me they want their employees to feel like they are part of something. They want them to see each other and talk to each other. They feel that is more likely in an office.
I don't see the open office trend ending anytime soon. I expect it will continue, but we will continue to see innovation in furniture design that provide better privacy and sound control while allowing for greater density that companies need to control costs and preserving openness. The open aesthetic is more pleasing than the old way of a bunch of offices blocking the windows and tall cubes in the "open" areas.
Bob Gibbons is a Real Estate Advisor & Tenant Advocate (also known as a tenant rep) with REATA Commercial Realty, Inc. which is a tenant advisory firm based in Plano, Texas. Bob serves companies in Plano, Frisco, McKinney, Allen, Richardson, Addison, Dallas and the surrounding areas and specializes in companies which lease or buy office and warehouse properties.


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A Washington DC man who robbed a Gamestop in 2008 for nearly $US7500, but left the store one shoe light, was sentenced to a dozen years in prison today.
Terrence Terrell Conner was sentenced in Greenbelt Maryland on Monday, the Associated Press reports. Connor and two others walked into the GameStop on December 23, 2008. The three hung out, posing as customers, until the manager began transferring cash from the store's cash registers to the safe. Two of the robbers pulled out guns and demanded the cash from the manager.
The manager dropped the bag and Conner and the other two fled with $US7425 in cash. Somehow, Conner managed to leave one of his shoes behind. He also left a fingerprint, police say.
In 2009, police searching Conner's home discovered the other shoe and a loaded gun.
D.C. man gets 12 years for GameStop robbery in Maryland [Washington Post]


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Wednesday, November 27, 2013
11 Ways to Level Up Your Writing
*cracks open Writer's Toolbox*
*wonders why there's a banana inside*
*tries to make a call on the banana phone*
*fails, eats banana*
Ahem. Here are some tools that might help you finesse your writing, if you're still looking for ways to take it to the next level. As ever, this list is not definitive. There are good times to break the rules. Your mileage may vary. But I've discovered them all *since* I wrote my first book in 2009. They might seem obvious to you, but they've helped me, and I hope they'll help you.
1. Kill dialog tags whenever possible.
"Said" is the only acceptable one. Try to kill that, too. For example:
NO = "I'm going to do it," he said.
YES = Ferdinand crossed his huge arms and nodded. "I'll do it."
2. Kill adverbs. Replace them with beautiful writing.
Especially kill adverbs when added to dialog tags. (She exclaimed self-righteously.)
NO = The old man stood painfully and carefully walked to the kitchen.
YES = Helga groaned, her bones cracking like popcorn as she navigated the cramped hallway.
3. Kill all instances of these words: feel, see, smell, hear.
Of course the character is sensing something. It's in their POV, isn't it?
NO = Leo could see the tiger mauling his pet parrot, and he could hear the rending flesh splatter against the wall.
YES = The tiger's teeth ripped into Mr. Cheeky, the scent of copper pennies and raw chicken sending Leo into a gagging fit.
4. Don't end a chapter on a note of complete comfort.
It gives the reader a great place to stop reading. And we don't want them to stop reading.
NO = She fell asleep in Lord Wolfington's arms, sated and happy.
YES = She fell asleep in Lord Wolfington's arms, sated and happy except for the strangest feeling that she'd forgotten something terribly important. In the morning, her maid had disappeared.
5. Become a master at communicating important details with just a few words.
NO = The burgundy and black damask wallpaper was ripped and torn, showing scarred wood beneath it that matched the destroyed furniture and pockmarked floors, all of which had once given the appearance of wealth and abundance.
YES = She hated waiting, especially in a sitting room that so obviously displayed Lord Wolfington's inner darkness, thanks to claw-torn wallpaper and a well-gnawed chaise.
6. Try not to use the same word twice within a two-page spread.
Obviously, "the" and "a" don't count. We're mainly talking noticeable things.
NO = The carnival called to her, from the sound of carnies shilling their wares to the merry song of the calliope to the alluring scent of carnival goodies.
YES = The carnival called to her, from the barker's harsh cawing to the merry song of the carousel to the alluring scent of funnel cake and popcorn.
7. Your ego will try to insert itself into the manuscript, especially in the form of exceptionally clever similes and metaphors. Kill them.
This is what they mean by "killing your darlings". Every time you revise, you'll ponder these phrases. At first, you'll be proud. Then they'll start to grate on you, but you won't want to remove them. This is the sign that they need to die. If you're Douglas Adams or Terry Pratchett, you might be able to get away with it.
NO = The mermaid looked a lot like Goldie Hawn, and not just because of the fish lips and her tendency to be thrown overboard by men wearing eye patches.
8. To up the tension, add a ticking clock.
My agent taught me this one. If the story is just plodding along, add The Big Game and a football scout, a departure time for that big cross-country move, or a date by which Lord Wolfington must be married to inherit his fortune.
NO = "Your happiness is important to me, Linnea. I shall support you even should you become a spinster and haunt my attic forever."
YES = "By God, I am finished with your mucking about in the laboratory, Linnea. You will find a husband by Michaelmas, or I shall put you up for auction!"
9. Torture your character in ways big and small.
Complacent and comfortable aren't exciting. Although the reader needs an occasional win, disequilibrium is interesting and moves the story along. Discover their greatest fear and use it against them.
NO = Lulu was doing fine in school, she loved her job at the GAP, and her grandmother had the body of a forty-year old.
YES = Lulu's chemistry grade had taken a plunge, thanks to a misunderstanding with moles, which meant she spent most of her shift at the GAP studying in a dressing room and praying Chase didn't catch her and fire her. She needed that money to help pay for Grammy's meds, which only seemed to cost more as time went by.
10. Make a spreadsheet and plot out the story to make sure it's interesting.
When you're in the muck of the story, it can be hard to see the big picture. Make a spreadsheet and break it down by chapter. Make columns for what happens in the chapter, what the biggest revelation is, and how exciting it is. On a scale of 1 to 5 for excitement, you don't want a bunch of 2s all in a row, but you don't want a bunch of 10s, either. Check out this post by Chuck Wendig for more discussion. Your plot shouldn't be a straight line, but everything in it should mean something.
11. Think about sentence length.
The first sentence has more punch if it's short. Then you can draw one out, craft it lovingly, focus on the rhythm and beauty of the words. Maybe the next one is of middling length. Maybe not. In any case, you'll notice that there are sentences of a variety of lengths in this very paragraph, and that they start off in different ways, some with "the" and some with "maybe" and one with "in any case". You should always keep this tip in mind. The reader's mind wants to dance with you.


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Ultimate Support TS-100B Hydraulic Speaker Stand
This Air Powered Speaker Stand does the Heavy Lifting for You!Loaded with an internal shock system, the TS100 holds the weight of a speaker and reduces the lift load when raising. By turning the telescoping knob, the TS100 assists in smoothly raising and lowering heavy speakers with little effort. The TS100 features large diameter anodized tubing for strength along with being able to fold into a compact, lightweight unit.


text:
Next Episode of Click is
Your user-friendly guide to the latest technology news, issues, gadgets and apps.
Kate Russell(Presenter)
Spencer Kelly(Presenter)
Looks like something went completely wrong!
But don't worry - it can happen to the best of us,
- and it just happened to you.
Please try again later or contact us.


text:
The answer to, and winner (if any) for, our last contest question of:
We are still talking about painters. This one is talking to us with this quote: Name the quoter.
"Since a three-dimensional object casts a two-dimensional shadow, we should be able to imagine the unknown four-dimensional object whose shadow we are. I for my part am fascinated by the search for a one-dimensional object that casts no shadow at all."
Marcel Duchamp.
I had no correct eligible answers. Seems like nobody was 'ready made' on this one.
I don't dumb down/so please wise up.
Now on to a new Q.: Win a copy of my NEW cd CALLED '30′! – (first anti-band CD) or my NEWER cd CALLED 'NEXT"('06) or my NEWEST cd CALLED 'THIRDS" (May '07) or my MORE NEWEST cd Called "FOUR-TH" ('08) or my MOST NEWEST cd CALLED '5-TH (Nov.'09) or my MORE NEWEST NEWEST cd CALLED '6-TH'(Feb '12)( one of the 6 CD set). Hunkasaurus.com (has them all plus videos and more) if you are the first to E-MAIL ME AT THIS ADDRESS: tom-hendricks @ att.net(remove blanks of course) with the correct answer to this art question.
DEDICATION: These contests are dedicated to my sister, Peggy, who answered more of the questions correctly than anyone else.
FINE PRINT: The CD prize is only available to those with mailing addresses in the US. Foreign winners will have to settle for the miniscule fame alone, and the satisfaction of a job well done. But don't forget you can listen to all the music on the website, whether you won or lost – and I'd be glad if you did!
Five towers are replacing the World Trade Center. The tallest, "One World Trade Center", is scheduled to be finished next year. How tall will it be? Clue: Happy July Fourth everyone! Good luck.
Readers, IF you like these puzzles and would like to resend them to friends, post them on any newsgroup, or any website, please do so. The more the merrier! For tons of past quizzes go to, the musea website at musea.us or the Musea blog at musea.wordpress.com And don't forget the music/videos at hunkasaurus.com http://www.Myspace.com/Musead(New Friends welcome) http://www.youtube.com/TomHendricksMusea (all my videos)
Tom Hendricks (editor of the 17 year old zine Musea) http://www.Musea.us ZINE, Named one of the best ZINES by UTNE magazine. Featured on ROCKETBOOM) http://www.Hunkasaurus.com MUSIC, 5 full CD's of free Post-Bands Music) http://www.Musea.wordpress.com BLOG for Musea, Art Contests, Weekly E-mail Messages)


text: This well organized and clearly presented website, sponsored by the Nuclear Age Peace Foundation, is an excellent resource for nuclear issues. It is divided into major components: key issues (nuclear weapons, nuclear energy, missile defense, space weapons and ethics) a timeline, a library, and a section for educators. The timeline section includes a nuclear timeline for each decade from the 1930s to the 2010s. Documents, maps, photographs, videos, audios, biographies, treaties, opinion polls and important correspondence can be found in the library section. Study guides, course syllabi, study questions and recommended resources are available for educators. The Nuclear Peace Foundation advocates the total elimination of weapons of mass destruction and supports a global rule of law.


text:
Pedestrians account for about a third of all traffic fatalities in Los Angeles, according to a new study by the University of Michigan Transportation Research Institute. That's nearly three times the national average.
We want to know about your experiences as a pedestrian--or driver--in Los Angeles. Have you been in an accident or witnessed one? Which intersections would you rank as most dangerous?
Your responses to our questions are confidential, so nothing you share is aired or published without your permission.
You can also click here to help us map L.A.'s most dangerous intersections.


text:
There are currently no product reviews.
NOTE: Reviews may require prior approval
Compatible with Sure Cuts a Lot version 1.x, 2.0, 3.0, eCAL, Make-The-Cut, Silhouette Studio Designer Edition. Works with all cutting mat sizes, except for the cards' envelopes and two elements on the Scrapbook Page, which are too large to fit on a 12x6 mat.
Assembly Tutorial
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This product was added to our catalog on Friday 24 February, 2012.
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text:
Sioux Falls Native Alex Schultz Has a Big Day at the Plate For Omaha
Former Lincoln High School standout Alex Schultz is having quite a freshman season with the University of Nebraska-Omaha baseball team.
Schultz has started in the outfield in 24 of the Mavericks 25 games, hitting .299, with 14 runs scored, 13 RBI, four doubles, and three stolen bases.
In a Summit League game against Western Illinois, Sunday in Omaha, Schultz was the star offensively and had a hand in four of Omaha's five runs, finishing 3-for-4 with two RBI and two runs scored.
Omaha is the hottest team in the Summit right now, with eight straight wins, to lead the league by three games over second place South Dakota State. Those two teams are scheduled to play a doubleheader in Brookings Friday.


text:
Tennis player Leander Paes, who makes his Bollywood debut as an actor with "Rajdhani Express", says he is here to play a long innings.
"India is ready for multi-talented people. I believe that, as an individual, my passion for being an actor, my passion for films, goes very deep. I am not here to do just one or two movies, I am here for the long run," the 39-year-old said here in an interview.
"I am here on my journey as an actor to see how well I can do and how well I can entertain my fans away from the court of things," Paes said.
He asserted he is not here "to be a celebrity, I have already got that from my tennis".
Directed by Ashok Kohli, "Rajdhani Express" also stars Jimmy Sheirgill, Priyanshu Chatterjee, Sayali Bhagat and hits theatres Jan 4.


text:
|2009-04-13, 13:35
|Link #1
♥ 無情この世はすべて
Join Date: Sep 2008
Location: :iiam:
U.N.オーエンは彼女なのか? (U.N. Owen Was Her?) Remixes
Some of you may or may not know of the popular Touhou song called "U.N. Owen Was Her?" (or U.N.オーエンは彼女なのか? in Japanese). This song was Flandre Scarlet's boss theme and the first Touhou song to gain memetic popularity through means unrelated to Touhou.
Flandre Scarlet (フランドール・スカーレット)
"Flandre is the younger sister of Remilia and the "dirty little secret" of Scarlet Devil Mansion. Because of her unstable personality and incredible destructive power, her sister has had her locked up in the basement for nearly 500 years. She knows little about the world outside and until the heroines arrived during the Extra Stage of Embodiment of Scarlet Devil she had had no substantive contact with any humans save Sakuya."Flandre is probably one of the most insane yet simultaneously moe characters to exist in Japanese media to this day. She's the younger sister of Remilia, and has a lot less control than her sibling, hence the reasoning for the information above. She was first shown as the Extra Boss in Embodiment of Scarlet Devil.
U.N. Owen Was Her? (U.N.オーエンは彼女なのか?)
U.N. Owen was her? (U.N.オーエンは彼女なのか?, romanized U.N. Ōen wa kanojo na no ka?) is the music for the extra stage boss (Flandre Scarlet) in Embodiment of Scarlet Devil.
ZUN's NoteU.N. Owen Was Her? became incredibly popular due to a MAD circulating on the internet from NicoNico Douga, featuring Ronald McDonald doing things in tune to Flandre's theme. You can find that video here. Afterwards, it led to several remixes and MADs following the same habit, anywhere from Yu-Gi-Oh! videos to Miname-ke and Toradora.
Background story aside, I made this topic so we could share remixes and MADs of this great song. I'm looking forward to what you all manage to dig up.
|2009-04-13, 16:43
|Link #2
Join Date: Oct 2007
Location: Germany
Age: 27
Flandre's Theme is really fun and exciting to listen to. There are also some remarkably remixes by the many circles like ALICE'S EMOTION, COOL 'N' CREATE, dBu, SOUND HOLIC...
Though it may not be as popular as Flandre's Theme, I love Kanako's Theme (The Venerable Ancient Battlefield ~ Suwa Foughten Field) and Tsukasa, from Sound Online, did a good job with the arrangement as well the vocal assistance of Aki Misawa ('Fallen Heaven' from the album Trois Bleu)
Now for the topic, here a MAD featuring Clannad
And here the track, which was used in the video above (Remix by IOSYS)
|2009-04-13, 16:51
|Link #4
Join Date: Aug 2004
Age: 33
In case anyone didn't know, the title is a reference to the Agatha Christie story "And Then There Were None" in which U.N. Owen was the pseudonym of the mysterious person who gathered all the characters in the story and killed them one by one. It's supposed to sound like the word "unknown."
|2009-04-14, 00:34
|Link #5
♥ 無情この世はすべて
Join Date: Sep 2008
Location: :iiam:
Kanako's theme is great as well, but I'd have to say I prefer Flandre's theme, personally. Maybe because I like Flandre a lot.
It isn't surprising that this theme got you into Touhou, considering that's what did it for a lot of people, actually.
|2009-04-14, 02:37
|Link #7
Senior Member
Join Date: Dec 2006
Location: Galactic Fairy Fanclub
Even though the focus is not on Flan, this one is still a remix of U.N. Owen (combined with Septette for the Dead Princess), and perhaps the most well-known in-Touhou (ie. excluding McRoll) remix of the composition(s).
Title: Touhou Sweets! ~The Brutal Sisters and Suffering Maid~ (東方スイーツ! ~鬼畜姉妹と受難メイド~ )
Vocal: Itsuki Shion (Sakuya) Komiya Mao(Remilia) Koko (Flandre) [no idea who voices Rumia]
Circle: Innocent Key
Last edited by herbert; 2009-04-14 at 02:49.
|2009-04-14, 08:14
|Link #8
Dietrich fan #681675
|2009-04-14, 12:51
|Link #9
Join Date: Oct 2007
Location: Germany
Age: 27
Another rendition of Flandre's Theme, 'taboo tears you up' by REDALICE from HARDCORE TANO*C, they do have some great stuff. He also runs the circle ALICE'S EMOTION
The track is included in the album 東方萃翠酒酔 (Touhou Suisui Suusuu) by IOSYS.
Here, the artist 'kouks' (Website) was responsible for the Flash Animation. He also did the Flash for the track Power of dream. The track is included in the album 東方河想狗蒼池 (Touhou Kasokusochi), as well by IOSYS.
REDALiCE included a remixed version of 'taboo tears you up', titled 'taboo tears you up 2008' in another album - SCARLET EYES -スカーレットアイズ-
Last edited by KaNa-Kun; 2009-04-14 at 14:41.
|2009-04-15, 16:01
|Link #10
♥ 無情この世はすべて
Join Date: Sep 2008
Location: :iiam:
東方スイーツ! ~鬼畜姉妹と受難メイド~
@ whitepearl; That version definitely has great vocals, but it's a bit too upbeat/happy to be my favourite. I prefer the darker renditions.
@ Hisana; Oh, yeah. I don't like those two other nayuta mixes very much, but the first Sayuri one is great. She's another vocalist I hear on Nico a lot and I find that she does a good job.
@ KaNa-Kun; REDALiCE mixes are always awesome. IOSYS is actually what got me so interested in Touhou. I think a lot of people were dragged in by the awesome music.
Since herbert posted the track for Touhou Sweets, I figured I'd share the flash video for it. Try not to post this on other websites as it's hosted from my blog, thanks~
Touhou Sweets! ~The Cruel Sisters and the Suffering Maid~ | Lyrics // Information
|2009-04-18, 19:18
|Link #11
Senior Member
Join Date: Dec 2006
Location: Galactic Fairy Fanclub
I kinda wondering. Do you guys think it's a good idea to use this or create another thread for Touhou music in general? People started to post touhou MAD's in image thread, maybe it's more fitting to have them posting in Music sub-forum.
|2009-04-19, 23:02
|Link #13
Dietrich fan #681675
Hisana, that Eurobeat remix was pretty hot...just wish the vocals were sung by someone who spoke English as a first language.
Not to take anything away from her singing talents but some of the lyrics were hard to understand, even with karaoke...
That "mainstream" version was also nice.
|2009-04-20, 00:04
|Link #14
@ Hisana: many thank you for the lyrics
Also, kudos to SOUND HOLIC for this excellent jazz arrange.
|2009-04-20, 17:59
|Link #15
♥ 無情この世はすべて
Join Date: Sep 2008
Location: :iiam:
New Topic -> Touhou (東方) Themes // Remixes
Feel free to repost the videos you posted here in the new thread, I think it should be alright. I think a mod can close this thread now that we have a new one...
|Thread Tools


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Okay, so filling a glass bottle with water and whacking a flip-top seal on it is hardly revolutionary, but the folks at tap water are determined to relegate plastic-bottled water to the annals of shame. Buying bottled water is an indulgence; it's wasteful; chemicals inevitably leach into what you drink; producing the bottles and breaking them down again uses up a hefty chunk of natural resources; fewer than 20 percent of bottles are actually ever recycled; and it's bad for the fish (not to mention everything that eats them, including us).
The tap water website has more information on all of this. And we have the tap water bottles. They're simple, sleek and sturdy, with a clean design. They're made from resilient but lightweight glass, with strong clasps and rubber seals. And unless you smash them (and you'd have to make an effort), they're the ultimate in reusability. Available in three sizes – the large 1 litre, the medium 500 ml and the super-cute little 250 ml – they're equally at home on your dinner table, your office desk or in your handbag or backpack.
So if you're not already a convert to glass, come and check them out. And if you are, then maybe you can convert a friend. Or a co-worker. Or your parents.
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Monday, July 17, 2006
Interview with former Knick, Art Heyman
Downtown Q &A
You can't miss Art Heyman when you walk into his bar, Tracy J's Watering Hole, off of Park Ave. If it's during the day, he's probably sitting at the window looking out on 19 St., reading the sports pages. Forty-one years ago Heyman played for the Knicks, one of the few Jews to ever suit up in an NBA uniform. A star at Duke, he was the Knicks' No. 1 draft pick in 1963. Heyman made the all-rookie team, averaging more than 15 points per game. But in his second season, he clashed with the coach and was soon dispatched to San Francisco. Heyman ended his basketball career in the ABA, winning a championship with the Pittsburgh Pipers in 1968. After his playing days were over, he went to law school and became a restaurateur. The 65-year-old Heyman opened the sports/karaoke bar's Tracy J's in 1996.
Who is Tracy J?
My ex-wife's daughter.
What kind of clientele do you have?
We have karaoke on Thursday, Friday and Saturday. Plus, all the Duke kids come in for basketball. We do a lot of business with basketball, baseball and football.
What about the Knick crowd?
Where? It's not that much. It's basically more of a college crowd.
You've known ex-Knick coach Larry Brown for more than 50 years. You both grew up on Long Island and played against each other in college and the pros. What kind of player was he?
Larry was a great point guard.
What's the story about you and him getting into a fight during a game in 1961 when he was at the University of North Carolina and you were at Duke?
With about seven seconds to go, he drove for the basket and I fouled him hard. He threw the ball at me and started swinging, and I cold-cocked him. I also hit Donnie Walsh [current president of the Indiana Pacers]. All three of us were suspended. It cost Duke the national championship because we had the best team in the country.
Have you stayed in touch with Larry over the years?
Off and on. He played for New Orleans and I played for the Pittsburgh in the ABA. We beat them to win the championship.
What's your take on Larry's short-lived run as coach of the Knicks?
I was the only one who said it was a bad fit. I know Larry as well as anybody. That wasn't his kind of team. And he couldn't change it. With his egomaniacal mind, and Isiah Thomas's and Jim Dolan's, I knew it was going to be a bad fit. I was 100% right.
You weren't surprised how bad the Knicks were in the 2005-2006 season?
No, not at all. It's Larry's way. For Larry to be happy he has to be unhappy, so he makes an unhappy situation. That's his whole life.
What did you think of the Knicks letting him go?
It was his own doing. He went behind the boss' back with trades. He completely demeaned his players in the papers. Stephon Marbury, Stevie Francis, Jalen Rose, all of them – and he wanted these players.
Why would he demean them when he wanted them?
Because he was getting a little crazy. New York is his hometown and they're getting the shit kicked out of them and he has to have a reason why. It's couldn't be him.
You don't think if he stuck around, he might have been able to…
No, no way. Nooo way. When your 66 years old, you have all the money in the world and you're a Hall of Famer, you're not going to change. You're going to change for a 25-year-old kid? No way. Not Larry. He doesn't conform. In professional basketball, you have to conform to the players.
What do you make of Isiah's chances to improve the Knicks?
Isiah's going to turn this around – and I'm not a big fan of his.
What do you think of the Knicks' squad as it stands now?
With Larry leaving, these guys are going to come into camp in shape to show Larry Brown that he was 100% wrong. Marbury, Francis, Channing Frye and David Lee – you've got a good team there. If a guy has a bad game, you can't sit him for three weeks. You get your rotation and you play. The division they're in is not the greatest division, so they should do well.
What kind of turnaround are you predicting?
I think they'll be 41-41 and they'll make the playoffs. Let them run like Phoenix.
What happened during your second season with the Knicks?
I just didn't care anymore. I had the ability, but I never had the right attitude. The worst thing that ever happened to me was being drafted by the Knicks. They thought I was the savior and I was wasn't. I wasn't 6'-10 and black. Back then you had to be Bill Russell or Wilt Chamberlin.
Why did you stop caring?
In college, everybody worked together. In the pros, it was so individualistic. I couldn't cope with it. I didn't compromise. I cared in college, I cared my first year in the pros and I cared in the ABA. Every time I cared, I played well. I was my own worst enemy.
Why are there so few Jewish athletes in professional sports?
African-American kids want to get out of the ghetto through sports. Jewish kids have it too easy. Their parents don't push them into sports, they push them into education. I just had the drive.
You're in the Jewish Sports Hall of Fame. What comes with that honor?
A plaque and I get a dozen bagels every year – without cream cheese.
Postscript: In the 2006-2007 season the Knicks improved by 10 games to 33-49. However, unlike Heyman predicted, they didn't make the playoffs.
The prices are good, the TV screens are everywhere, and the service is top shelf.
What else would you want?
But this interview is even more amazing!
I was on LB's side until I read this... It makes too much sense.
Larry Brown was a tough nut as a teen & still is.
We all played at Central School in Long Beach during the summers & Heyman was by far the better all-around player.
Russ Mulroy
Long Island
Larry Brown was a tough nut as a teen & still is.
We all played at Central School during the summers & Art was by far the better all-around player.
Art could do it all.
larry Brown was a tough nut even as a teen & apparently that has not changed.
We'd play our summer games at the Centrak School courts, now condo's, in Long Beach.
Art was by far the better all-around player.
Some of the older men didn't like Artie's attitude & many a hard foul was given. 6 points win.
Tom from Pgh
Bob Weinstein, Becket, Massachusetts
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