Constitutionally Speaking, Streisand Effect, and Continue Elaborating #SALaw

Words, like social media, are very powerful.  They are used to inform, entertain and educate the public, readers and listeners.   Words can be used to expose faults or abuses in society and to identify people who are to blame.    In common law, a matter normally has to be false to be considered defamatory.

The law is there to protect a person’s reputation in the community or society.   The law is not there to protect the reputation that he would like to have.

B Martin CC contends that defamation is the most common law used against citizen protest, but others are used such as business torts, conspiracy and judicial process abuse. These uses of the law have been dubbed “Strategic Lawsuits Against Public Participation” or SLAPPs.  Companies have little chance of success in these suits, but that doesn’t matter.  The main object in a SLAPP is to intimidate citizens, discouraging them from speaking out.  He goes on further to state:

If you are threatened with a defamation action, one strategy is to just ignore it and carry on as before.  Alternatively, invite the threatener to send the writ to your solicitor…The main thing is not to be deterred from speaking out.

Just because you are sued doesn’t mean you can’t say anything more. (Many organisations avoid making comment by saying that an issue is sub judice [under judicial consideration] but that’s just an excuse.)  You can still speak. In particular, you can comment on the defamation action itself and its impact on free speech.

A powerful response to a defamation suit is to expand the original criticism.

Martin also cites what I consider to be a rather amusing case which had the exact opposite effect the plaintiff was seeking.  In it  he says “Helen Steel and Dave Morris, members of London Greenpeace, produced a leaflet critical of McDonald’s. McDonald’s sued. Steel and Morris, with no income, defended themselves. They used the trial to generate lots of publicity. Because of the trial, their leaflet has reached a far greater audience than would have been possible otherwise. The whole exercise has been a public relations disaster for McDonald’s.”

2013 February – Constitutionally Speaking.

What a wonderful read this was.  It is always inspiring to read an article written from a place of knowledge and experience, when clearly the author has examined every aspect of his post pre-publication.

I particularly enjoyed:

When you sue somebody for defamation, you usually make things worse by attracting attention to the offensive comment. When you do not laugh off a slightly unhinged comment like that, your response sends a signal that the comment really hurt you and might actually be close to the truth. And if you then threaten to sue or actually sue, you might well further harm any reputation you might have left – instead of protecting it from harm.

And of interest to some might be the following:

Once you have convinced a court that statements made about you are defamatory, it is presumed that the publication was both unlawful and intentional. If you want to avoid liability for making such prima facie defamatory statements, you will have to raise a defence which either shows that the statements were not made intentionally or were not unlawful. As the Constitutional Court explained in Khumalo v Holomisa:

Although not a closed list, the most commonly raised defences to rebut unlawfulness are that the publication was true and in the public benefit; that the publication constituted fair comment and that the publication was made on a privileged occasion.

This means you will not be liable for defamation if you can show to a court that what you had said was both true and was on a matter that was in the public interest.

From WebTech Law arises another interesting scenario recently played out where, it seems, hard-done-by’s allegedly threatened an urgent interdict.  They didn’t like what someone wrote, which that someone reasonably believed was true.

…. some of the challenges that the Courts will face enforcing an interdict (like in this matter) will be how to quantify the damages to compensate for the possible loss of profit suffered… as the internet has almost infinite reach and it could become challenging to determine the impact of the publication.  A further hurdle which the courts may face in enforcing the interdict is the fact that trying to remove something from the internet is like trying to remove pee from a pool. It would be very difficult to remove the report as well as the Twitter and Facebook comments as the news has been spread so far and wide by now that it becomes almost impossible to prevent people from viewing it. To tie into that, a phenomenon which has been starting to merge in similar cases to this one is something called the “Streisand-effect”. The just of this is that ….. by attempting to remove information or statements, etc more attention is brought to whatever it is that you are trying to remove, with the effect that it has the complete opposite effect than what it was attempting.

The test for defamation is called “the objective reasonable person test” and can be summarised as follows:

A reasonable person is fictional, normal, well-balanced and right-thinking person with normal emotional reaction and a person of average intellect and knowledge, in other words, not a person with expert knowledge on defamation, or the law.

Any judge in South Africa looking at any action or motion proceedings is required to apply the “reasonable person test” when assessing any action…  If it is true, if it is an opinion based on truth, if it is in the interests of the public, it if can be substantiated by documentation and research – is it REALLY defamation?

I question the agenda of any person who rushes out in defence of an article when, in fact, there may be little or no defence at all, but attempt, by employing intimidation tactics, to brush expressed opinion and fact under the carpet.  There is a universe of information available before going all out on a limb, which could have the absolute opposite effect to what he/she is attempting to achieve.

Beware that you bring any legal proceedings against any person who has a valid and reasonable basis for what has been written.  Beware that your intended intimidation and threats are not brought about by trying to conceal the truth.

School Bully OnLine provides insight and answers for dealing with school bullying #GetHelp #HoldThemAccountable

Few people realise that bullying can cause children (and adults) to attempt suicide and to commit suicide. Our book Bullycide: death at playtime by Neil Marr and Tim Field (published by Success Unlimited in January 2001) reveals that each year in the UK at least sixteen children commit suicide because of bullying at school. Bullycide is a word coined by the authors to describe when bullied children are driven to suicide rather than face another day of unrelenting bullying, harassment and abuse. See the reviews.

In other words, the equivalent of a Dunblane of children die every year because of violence which in many cases those in authority are ignoring or denying. Because a suicide must meet the criterion of beyond reasonable doubt, coroners are often unable to record this verdict, thus the verdict is often misadventure or accidental death. Also, coroners may wish to spare the family further pain from the stigma that surrounds suicide. Whilst understandable, these reasons have the unfortunate consequence of hiding the true figure of bullycide. Although no official statistics are kept anywhere, a search of newspaper and web archives indicates that bullycide is a worldwide problem. A list of children known to have committed bullycide is on the memorial page.

Bullying at school can leave scars throughout adulthood, impairing performance and preventing people achieving their potential. The psychiatric injury from bullying in childhood may also cause long-term damage to both physical health and mental health. The long-term effects were recorded in a survey undertaken by Kidscape and reported at a conference in 1998. The survey has been reproduced in Kidscape’s 1999 book Bully Free.

News of events relating to child bullying can be found on the News Pages.

via School Bully OnLine provides insight and answers for dealing with school bullying.

Bullying Prevention Awareness Month, use #SocialMedia To Talk About It #StopBullying13

FOR IMMEDIATE RELEASE

October 21, 2013

Contact: HHS Press Office

202-690-6343

Bullying Prevention Awareness Month

A statement by HHS Secretary Kathleen Sebelius

October is International Bullying Prevention Awareness Month – when individuals, families, schools, and communities across the nation help to raise awareness about bullying prevention. Bullying remains a widespread problem with nearly 30 percent of adolescents in the U.S. reporting some experience with bullying, whether as the victim, the bully or both. An infographic developed by the Health Resources and Services Administration (HRSA) highlights important facts and information about bullying prevention. We know that there are a number of emotional effects that can result from bullying such as depression and anxiety. There are also physical effects as well, like headaches and stomachaches, and sleep problems. In a special supplement of the Journal of Adolescent Health supported by the Centers for Disease Control and Prevention (CDC) in collaboration with the Substance Abuse and Mental Health Services Administration (SAMHSA) we see how researchers continue to investigate the complex relationship between bullying and suicide.

But help is available. I am very pleased to highlight a number of exciting activities and initiatives that HHS will be launching during Bullying Prevention Awareness Month.

Media Guidelines for Bullying Prevention. Media coverage of social issues can have a widespread impact on how communities understand and address problems. SAMHSA has developed media guidelines conveniently located in the newsroom of stopbullying.gov. This guidance offers help to journalists, bloggers, and others to engage in responsible reporting on this important topic.

Conversation Starters Mobile App. Later this month, SAMHSA will release a mobile app for parents to help start conversations with their children about bullying. This app will be available for both Android and Apple platforms.

Bullying Prevention Training Center. This revamped section of stopbullying.gov provides a one-stop-shop for training materials for educators and community leaders. These new materials, developed by HRSA, will be available in late October in our training section on stopbullying.gov.

Successful bullying prevention can’t happen alone! We work closely with the Departments of Education, Justice, and Agriculture, and others, through the Federal Partners in Bullying Prevention; including supporting stopbullying.gov, which continues to be an excellent resource for bullying prevention information.

We are collaborating with these offices to support youth engagement. Across the country, youth are encouraged to talk about bullying by organizing bullying prevention social and educational events through youth organizations in their communities. Youth can report back on these activities through our Tumblr page.

The Department of Education has issued guidance in the form of a Dear Colleague letter that provides an overview of school districts’ responsibilities under the Individuals with Disabilities Education Act to address bullying of students with disabilities.

With all of these resources available, it’s a great time to consider how you can help raise awareness about bullying and take action to stop it.  Find out the latest policies and laws that are in your state.  Teens can find inspiration by visiting our Tumblr site.  Tell us what you are going to do by engaging on Facebook, Twitter and Pinterest.  And follow along with Bullying Prevention Awareness Month Activities at #StopBullying13.

via Bullying Prevention Awareness Month.

Drug Testing in Schools – Know Your Rights! Shocking revelations!

“The drug problem in South Africa remains very serious with drug usage being twice the world norm in most cases…and we are only dealing with what we know about…this is only the tip of the iceberg.”

South Africa ranks #4 in the world for drug offence cases per 100 000 population – 53,810 per 100,000 people.   (UN, 2002) – Shocking Statistics from The Naked Truth

The Anti Drug Alliance, South Africa, conducted a survey in 2012, capturing data from 57,000 individuals.  The findings of this survey stated, among other things, that:

• 69% of the survey participants knew that drugs were readily available in their schools
• 34% of the teenage participants admitted to having taken drugs in the last month
• Of that same group of teenagers, 27% said they’d used drugs in the last week
• The drugs that are available in schools are marijuana, cat, tik and cocaine – that’s in order of availability, with dagga being the easiest to get.

In an interesting report one principal recently stated that he had been instrumental in conducting up to 15 drug tests on students during 2013.   He also proudly declared that ‘they’ even test the kids for EPO – performance enhancing drugs, particularly found amongst sport disciplines.

It is commendable that Mr Principal has declared war on drugs in his school.  From the statistics and reports below, one can see only too clearly how negatively the use and availability of drugs in school has impacted on our society, economy, our children – our future.

However, I am interested in the processes followed in these various drug testing procedures.   If a student is under 18 a guardian’s/parent’s consent, and in all likelihood his or her presence –  would be required I should think.   At the very least a same-sex adult would be required – and a designation of delegation document signed as per the laws of our country.   It is, in my opinion, not adequate to say that it forms part of the “School Policy/Application/Acceptance/Admission”.   By the very intrusive and personal nature of the procedure, it has got to comply with the laws of our country, and in accordance with, inter alia, the South African Constitution, Education Act (As Amended – drug testing illegal), Children’s Bill of Rights.   Did the principal conduct these drug tests personally?   Did he appoint a delegation?  I would be interested to know.

The Constitutionality of Section 16A Of the South African Schools Act 84/2008 has been challenged on a number of levels.

In September 2011 both Western Cape Premier Helen Zille and Minister of Health Aaron Motsoaledi spoke out in support of drug testing in schools. The support and their intentions are clearly well-intended, given the increasing drug use on the grounds of educational institutions.   But can this forced policy actually work?    Theshia Naidoo and Daniel Robelo of the Drug Policy Alliance argue convincingly that the evidence from the USA experience proves that compulsory drug testing in school is potentially harmful.  They say “Tragically, drug testing can actually lead to more risky behaviors.”

South Africa has a clear and compelling interest in preventing teenage drug abuse –a growing problem in our provinces.  In the search for solutions, some have proposed the compulsory drug testing of all pupils in schools.

However, a broad body of research –mainly from the US, where drug testing practices have been extensively researched– indicates that random, suspicion-less drug testing is ineffective, counterproductive, personally invasive and, for many adolescents, dangerous.

This approach is also contrary to the official national policy of the South African Department of Education, which prohibits the use of random drug testing.

South African schools should instead adopt evidence-based policies that combine effective prevention measures, including honest education about the relative harms of various drugs, and rehabilitation for students who suffer from drug dependency problems.

A GROUND-BREAKING anti-doping initiative, which would have seen pupils randomly tested for steroids, has been stalled by legal problems.

The Schools Testing Protocol, which was intended to start on 30 April 2013 and would have allowed schools to initiate unscheduled tests on pupils suspected of doping, was set aside.  (Note:  There has to be a reasonable suspicion that a particular learner was doping).  Aimed at eradicating the escalating steroid and drug use amongst teens, the tests would have been conducted by the SA Institute for Drug Free Sport (SAIDS).  However, SAIDS CE Khalid Galant said certain aspects needed to be tweaked before the protocol could be launched, as a number of legal differences had also come up between the intended protocol and the South African Schools Act.   He said  it had run into a legal barrier.  “We found out that, by law, the tool (lab) used for testing the learners has to be at the school.”   SAIDS makes use of a laboratory based in Bloemfontein that is just one of 32 in the world equipped to properly test suspected dopers.

Proponents of random drug testing in schools believe that it prevents teen substance use by alerting school officials and parents to drug use at an early stage, when interventions for at-risk students are more likely to succeed. They argue that testing provides students with an excuse to say no to drugs and resist peer pressure.  According to the US Office of National Drug Policy (ONDCP), many US schools have implemented random student drug testing “to promote a healthy learning environment, and to shield young people’s developing minds and bodies from dangerous and addictive substances – like marijuana.”

Some supporters of the practice, notably the ONDCP, even call the practice of random drug testing a “silver bullet” in the fight against drug abuse. Unfortunately, the reality is that random drug testing fails to achieve these laudable goals.   Scientific research indicates that drug testing policies are ineffective and employ tactics that violate well-established principles of how educators and parents can best promote healthy choices among adolescents, particularly those identified as “at-risk.”

Where random, suspicion-less drug testing has been implemented, it proves to be at best costly and futile, (Upwards of R3400 -R4500 – possibly even higher –  per test, depending on the nature of the test, according to reports) and at worst potentially harmful.   Evidence demonstrates that random drug testing programs have little to no impact on student drug use or other risky behaviors. Virtually all of the research conducted to-date in USA concludes that suspicion-less drug testing does not lower drug use.

Official South African school policy unequivocally acknowledges this research, stating, “There is no empirical evidence or justification for routine random testing of learners to reduce usage.”   The Department of Education required that testing only be employed when there is suspicion of drug use – and even then under narrow circumstances:

Testing must be implemented as part of a structured intervention or relapse prevention programming in an environment that is committed to safeguarding personal rights relating to privacy, dignity and bodily integrity according to school policy, medical treatment procedures and ethical guidelines.

Contrary to this clear national policy, random student drug testing violates students’ bodily integrity and is inherently invasive of their privacy rights. Indeed, the South African Department of Education has banned compulsory drug testing in schools for just this reason, stating “By its very nature, drug testing is an invasion of privacy and may infringe the constitutional and personal rights of learners. It should therefore not be the first point of intervention … ”

Many testing programs require pupils to urinate while being monitored and to disclose any prescription medications. These practices can have the unintended consequence of forcing students to reveal to school officials that they are being treated for sexually transmitted diseases, mental health issues or other illnesses, thus intruding into their medical privacy.

Tragically, drug testing can actually lead to more risky behaviors.  Students inclined towards drug experimentation or peer pressure may switch to drugs that are less likely to be detected but far more dangerous, such as methamphetamine.    Or students may simply use substances, like alcohol or inhalants, which are not screened for in most drug tests but which may pose even greater health risks than the drugs the tests were designed to detect. For this reason, the leading U.S. experts in adolescent health – including the American Academy of Pediatrics, American Public Health Association, National Association of Social Workers, National Council on Alcoholism and Drug Dependence, and American Academy of Addiction Psychiatry – have increasingly opposed calls for such testing programs.

Mandatory drug testing disrupts and impacts on the delicate balance of trust and honesty that educators ought to try to establish with their students. Rather than being seen as advisors and counselors, school officials are cast as “drug enforcers”.

In 2008 The Ministry of Education in South Africa considered a safe and disciplined learning environment one of the critical elements to the successful delivery of quality education and recognized the role played by substance abuse in undermining this.  Scientific evidence and extensive research indicates that school communities are particularly vulnerable and substance abuse among learners is on the increase in rural, urban, primary,  secondary and public and independent schools.

The Constitution of the Republic of South Africa, 1996 provides for the right to privacy for everyone which includes the right not to have:

a) their person or home searched;

b) their property searched;

c) their possessions seized; or

d) the privacy of their communication infringed.

De Jure ,  when conducting comparative studies between US and SA Schools produced n extensive and substantive report, which includes the rights of a student and his/her parent in terms of the Constitution of our country, and touches on the Children’s Bill of Rights.

The right to privacy affords a greater intensity of protection to personal activities within the sanctum of the home. Where individuals engage in communal activities, such as education, the intensity of this protection diminishes.  In Mistry v Interim Medical Council of South Africa the Constitutional Court stressed that the more public an undertaking, the more attenuated would any corresponding claim to privacy be in respect of an activity.

Furthermore, the right to privacy, like all rights, is not absolute. In some instances, it is reasonable and justifiable for society to intrude into the personal and private realm of the individual.  If the school, therefore, wishes to search learners periodically in order to prevent dangerous weapons or contraband being brought onto the school premises, it must do so in terms of legislation.

The South African Schools Act, (SASA) declares all schools as drug free zones.  SASA clearly states that no person may bring a dangerous object or illegal drug onto school premises or have such object or drug in his or her possession on school premises or during any school activity.

The principal or his or her delegate may, at random, search any group of learners, or the property of a group of learners, for any dangerous object or illegal drug, if a fair and “reasonable suspicion” has been established. By their very nature, searches and drug testing are an invasion of privacy and may infringe the constitutional and personal rights of learners and it should therefore not be the first point of intervention.

In SA there is no empirical evidence for the justification yet for routine random testing of learners, to reduce drug usage.    In terms of SASA, drug testing may only be done where there is “reasonable suspicion” that a learner is using drugs.  Testing must be implemented as part of a structured intervention or relapse prevention programme in an environment that is committed to safeguarding personal rights relating to privacy, dignity, and bodily integrity according to school policy, medical/treatment procedures, and ethical guidelines.

In short, random student drug testing fails to combat adolescent drug use. Scientific research does not support its efficacy. Testing undermines trust in school officials and teachers and creates a negative school environment. It is invasive of teenage students’ bodily privacy and may even provoke oppositional behavior in students who want to “beat” the test.

Testing is expensive, technically complex and likely fraught with problems of accuracy and reliability.

As concerned parents, we can understand the motivation behind those who support random student drug testing.  However, in practice, research proves that it makes children and schools less safe, not safer.

References and Further Reading:

1. United States Office of National Drug Control Policy Press Release, 6/4/2008.  ↩
2. The National Policy on the Management of Substance Abuse in Public and Independent Schools and Further Education and Training Institutions was published in Government Gazette 24172 on 13 December 2002.  ↩
3. http://www.dejure.up.ac.za/index.php/volumes/46-vol-1-2013/163-article-7.html
4. http://www.peherald.com/news/article/14669
5. IOL – Drugs in School
6. Schools in Drugs War
7. PMG Drugs in Schools/Sport
8. Addiction rate Climbs Amongst school kids – Statistics
9. Children’s Bill of Rights
10. Download Family/Children’s ACT & FAQ

Bringing Joy to our Senior Citizens this #Christmas

A day before Aiden was admitted to hospital, 2 November 2013, he, along with other Grade 2’s of our wonderful family school Cowan House Prep in Hilton (get them on Twitter @CowanHouseKZN) headed by by Chief Angel Annie Powell, (Gr2P) put together a “surprise visit” to Golden Pond Retirement Village in Howick.

Established in 1987 Golden Pond Retirement Village in Somerset Road in Hilton has grown and prospered. Everyone who visits falls in love with the quaint appeal and country atmosphere. Each sectional title dwelling has its own little garden. These are ideally sized, anything bigger would consume way too much energy in maintenance. Yet there is enough room to have some small fruit trees. Many of these little gardens are extremely lovely, a result of being lovingly tended.

For practical purposes and convenience there is a homely Care Centre which is managed by a friendly and kind nursing sister. This is a lovely place where residents can enjoy a secure lifestyle while being cared for with dignity and respect.

Source: Hilton Village

At first sight it seems rather lavish for a retirement home, and I wondered why we had chosen Golden Pond rather than say, Riverside, or Sunnyside, where residents are far less independent and rely more on government subsidies or payments from their families for even the smallest room.  Of course it makes sense to spread a little Christmas Cheer to any of our senior citizens, regardless of where they may be.  It seemed more likely to opt for a centre where there is less likelihood of the little extras, the comforts of home…

Here are a few pictures of what was a happy day.  Despite my misgivings at the choice of venue, what did hit home very clearly is that very often these dear old folk are living in their retirement centres, be it a rather lavish, high security centre with frail care and all the frills, or a room within a dormitory type facility, are lonely.  How often I wonder do we place our parents in retirement homes and then make the perfunctory once or twice a year visit?

The smiles of joy, tears of gratitude and laughter that emanated from these folks told me that once again Cowan House was spot on.   We were there to spread some joy.   We were there to tell our senior citizens that “we care about you, you are not forgotten.  We care, and we love you.  Happy Christmas.”  And so we did, armed with gift vouchers, mince pies and cookies, Santa’s little elves along with recorders and who sang and danced and played their beautiful (sometimes rather off-key) music.  What a touching, heartwarming and soul-searching morning it was.  After the activities we walked around the beautiful manicured gardens and had a picnic near the pond.   Truly beautiful, very peaceful.   And I can imagine, for some, very lonely.

Enjoy the images please of a day that brought happiness to so many.

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I did a small amount of research on statistics of retirees in South Africa and it comes as no surprise really that the situation is worsening annually.   Says CoverSA:

South Africans are facing a very real retirement crisis – 60% of South African pensioners interviewed as part of Sanlam’s Benchmark Retirement Survey do not have enough to live on and this already bleak figure is steadily worsening. Plus, 94 % of South Africans can’t maintain a decent standard of living during retirement.

Of these, 64% were forced to cut back on living expenses and 31% had to carry on working after the retirement age of 65. What’s more is that 29% of those pensioners also had debt. “The situation is dire,” says Brian Spanier-Marson, retirement expert and MD of Mr. Retirement, “and although it may not be something that you necessarily want to contemplate, especially if you’re a young person, the question of whether you are indeed saving enough for your retirement is crucial.”

These statistics are shocking, particularly because many of these retirees come from an environment where a company made provisions for them, based on the number of years of their service. What’s more, is that the present generation has it much better than the generation that is to follow, which due to the current recession (and accompanying low investment returns), are headed for a retirement train wreck.

Further to this “In South Africa, there is virtually no social safety net that will assist you when you are old and you need it, so it is crucial to adjust your savings accordingly while you still have the chance.”  Which then of course brings us to the ridiculously high unemployment level, and the various criteria based on race and gender (not qualifications) which could preclude an otherwise very active, very useful member of a specific trade from obtaining work.

While improving the sustainability of pension systems, these reforms have often left future retirees with a lower replacement level from first-pillar pensions than today’s retirees. This has placed the question of adequacy of retirement income firmly on the political agenda.

I think it is important to remember that we need to look to the future, with whatever means we have now, and plan as far as we are able to.  In the meantime where we are able to spread a little happiness and cheer to any community, let us be the first to do it!  That hour or two of your day can change an entire Christmas season for an entire community.   Just do it!

#Review of @FLDProducts -stylish bags protection for YOUR style and portable devices

It is always an honour and a thrill to be asked to review a book, a product, a film, even to give an opinion on a location or a venue. So it was a double honour to be given the opportunity to review a series of products from South African Company FLD Products, bringing home the term we in South Africa have loved to use for many years, #LocalIsLekker.

FLD Products for Portable Devices

FLD Products for Portable Devices, iPad with Stand fits perfectly into the iPad carry bag

FLD Products for Portable Devices, iPad with Stand fits perfectly into the iPad carry bag

FLD Products for Portable Devices, iPad with Stand fits perfectly into the iPad carry bag

FLD Products for Portable Devices, iPad with Stand fits perfectly into the iPad carry bag, wuth Smart Phone

FLD Products for Portable Devices, 7″ tablet fits perfectly into the mini-iPad carry bag

FLD Products for Portable Devices, 7″ tablet fits perfectly into the mini-iPad carry bag

FLD Products for Portable Devices, 7″ tablet fits perfectly into the mini-iPad carry bagFLD Products

FLD Products iPad and tablet bags #LoveThePink

FLD Products iPad and tablet bags #LoveThePink

FLD Products iPad and tablet bags #LoveThePink

Yess, Miss R, we KNOW you LOVE this!!

Exceptionally good looking bag, keeping your child’s portable devices beautifully safe!

Lori Lazarus is one of the dynamos behind this South African Company and with no hesitation at all when she contacted me, I jumped at the opportunity to review a few of their products. The timing was perfect as we had a house full, people from all walks of life flitting through and back to back meetings with professionals in various disciplines of corporate life, as well environmentally.

Miss D is an environmentalist/game ranger, spending her long days and nights driving over rough terrain in the wilderness of Africa, showing international visitors the wealth of wildlife we have on our great continent. Her means of communication to the “outside world” is her tablet, cellphones and laptop. She carries her devices with her everywhere, to capture the moment, to send images to people around the world, to record her experiences as they happen. She relies on her portable devices to do just this. Losing one in the likely event of breakage would mean waiting for another trip to civilisation for replacement.

I asked her for an honest review of the products, given that she relies so much on technology in her “far-end” of the world. Miss D loved the black/pink colour combination, that was her very first remark. Watching her examine every aspect of the bags I knew we’d get the good with the bag in minute detail. And so we did. The bags are thickly padded with nylon and PVC, providing additional protection from harsh elements. The pouches for cell phone and even a notebook were elements she said were vital. The adjustable sling, an option to use or not, was an added bonus as she would have all equipment with her at the desired times, bearing in mind Miss D carries photographic equipment with her on the excursions. For her the whole package comes together very nicely, in or out of a motor vehicle.

Because the bags themselves are so stylish and really good to look at, they make a perfect accessory when back in civilisation and in urban built-up areas. The one criticism, and there really was only one, is the lack of a little clip or fastener, preventing the phone from falling out the pouch.

We discussed this, after I asked “Is it REALLY necessary since the phone fits it snugly?” And her reply was “We live in South Africa, anything is possible – it could be just an extra safety feature, and it could be hidden inside the cellphone section, or a colour-coded slip flap which fastens could be an external feature.” Imagining this I see that it could work, it would in no way detract from the sheer simplistic beauty of the product. The suggestion here I gather was based on the possibility of someone trying to slip their grubby little paws into the bag to lift the phone out, no mean feat.

Next to have a look at the products is Mr DAN.   He works in the steel industry, and also does a lot of traveling. Okay, he was not sold on the pink/black, and opted for the blue/black combination, but loved the idea of protection and portability of his devices while in his typically male environment. He contended it made for practical access to the tools he needs for instant communication with his suppliers and clients, and, whilst he does carry his portable devices with him everywhere, was sold on the idea of having them together in a handy, solid, good-looking bag.

No product review would be complete without the input of students, and before I get into the oohs-and-aaahs of that, I’m going to share some research I did whilst compiling this review.

It is no secret that education is a passion, the good, the bad, the ugly. I am based in South Africa so for ‘hands-on” learning I am limiting my research to what is happening in our schools and tertiary institutions, and distance learning centres here. We need to remind ourselves that Africa is a diverse continent, and in many rural areas students who have graduated from high school and wish to further their education often do not have access to universities for a myriad of reasons. They then turn to distance learning.

With erratic power supply, outages, transport difficulties many a student is faced with challenges when trying to study. School fees being one of the most expensive items on the family’s monthly household budget also often prevents children from attending formal educational institutions.

Enter distance learning and here I quote some figures and interesting research from www.timeshighereducation.co.uk

Driven by falling costs and a lack of fixed phone line connections, mobile phone ownership in Africa is booming, and is transforming everything from banking and healthcare (with text messages used to transfer money and send health advice), to agriculture and politics (farmers can receive guidance, weather forecasts and market reports, while communications technology has played a key role in recent uprisings) – so why not education?

The possibilities are being much hyped. Last year, the US television channel CNN declared that mobile technology had “immense” potential to transform Africa’s “dysfunctional educational system…as mobile phones – cheaper to own and easier to run than PCs – gain ground as tools for delivering teaching content”.

It has also captured the attention of the international development community. In 2011, the US Agency for International Development and Stanford University held m4Ed4Dev (Mobile for Education for Development), a round-table discussion designed to explore the use of mobile devices for education in developing countries, and last year the United Nations Educational, Scientific and Cultural Organisation published Turning on Mobile Learning: In Africa and the Middle East. In February, Unesco hosted its second annual Mobile Learning Week, a five-day conference designed to explore the contribution that mobile learning might make towards its Education for All goals.

Mobile phones are already being used to improve teacher training and as a way of staying in touch with university students, but can they really improve access to and the quality of higher education on a significant scale?

The African economy has been growing at a rate of about 5 per cent a year for the past decade and, according to the World Bank, it is predicted to grow more quickly than that of any other continent over the next five years. The booming information and communications technology sector, and in particular the rapid growth of mobile communications, is credited with having driven much of this remarkable economic expansion.

The figures are certainly impressive. There are now more mobile phones in the whole of Africa than there are in the US. In 2001, only about 25 million people in Africa had a mobile phone subscription, but by last year this number had rocketed to about 650 million – an increase of 2,600 per cent.

It stands therefore that a solid, and increasingly necessary,  investment in our children’s education is the acquisition of portable devices.

When asked for their own opinions on the bags, Miss S (student, informal education) and Miss R (Scholar at a formal institution), both owners of cellphones and 7″ tablets concurred.   The bags are an “asset accessory” to carry to the Mall.    Miss R, rather heavy handed with cellular phones (and hence we need to protect the iPad and tablet) declared her love for the thick padding which would protect her phone and other portable devices.   Miss S, whose phone is always in her face, loved the idea of having her devices with her at any given time.   Both loved the pink/black combination.

International Environment, FLD Products, South Africa

To turn to the company behind these must-have accessories, we have a look at FLD Products – FL Distribution.

International Environment, FLD Products, South Africa

FL Distribution has investigated and understood the ever changing global environment and therefore aims to continuously evolve and keep up to date with the latest technological trends.

We are committed to continuously offer rejuvenated quality goods by utilizing the best fabrics and materials to serve the needs of the marketplace.   We are currently offering stylish and trendy bags for the standard tablet and laptop market;  however we have just developed an adapted version for the iPad mini/Samsung note 2.  Our long-term goal is to continue to develop and offer a wider range of products to the ever  changing mobile environment and to be in major retail stores both nationwide and ultimately globally. We also aim to have our own personalised stand displaying our various  products.

These above mentioned statistics indicate the direction which technology is heading.   FL Distribution as a company aims to be a trendsetter in keeping up and continuously supplying products for the foreseeable future.

FLD bags are unique as they are a stylish tech accessory, which offers protection and carrying mechanisms that can be adapted to individual preferences. The three storage pockets are provided for chargers notebooks and cell phones add to the functionality and desirability of the product range.

“You won’t leave your network connection behind at the office or in the  classroom. It will be more than any object you carry or an appliance you  purchase. It will be your passport to a new mediated way of life” (Gates, 1995).

Retailers are expected to resort to selling products at lower returns in a bid to attract new customers.   Such a trend is likely to influence growth in private label lines amongst retailers.  Local private label products offer a viable option to boost sales to retailers and to boost both the African and South African economy.   With the implementation of the Consumer Protection Act retailers are expected to build relationships with reliable suppliers and manufactures to ensure that the quality of products is not compromised.

Utilising social media has also had an impact on the economic environment as it is identified as one of the best and cost effective means of advertising.  Social media channels also bring retailers closer to consumers and build brand recall and loyalty.

About FLD products:

Current products consist of a growing range of portable tablet and laptop bags utilizing bright and fun colours catering for the needs of tech savvy and fashionable individuals who are always on the pulse and in tune with the latest trends.

The materials consist of

• Unique high quality water resistant Nylon imported from Korea with PVC backing, which makes the bag extremely durable.
• Additional nylon seams, linings and trimmings with colour coordinated designs.
• A sturdy handle and a removable strap.
• Separate pockets lined with protected scratch-proof fabric.
• Heavy duty zippers and sliders.

Their developing product range is currently available in
• Mini tablet: size – 7,5” NEW
• Standard tablet: size – 10”
• Laptop sizes: 11” 13” 15”
• A wide variety of colours to match individual style preferences
• Bags are gender neutral to suit the stylish needs of any individual. (See images below for detailed specs)

http://www.FLDproducts.co.za Product Specifications

http://www.FLDproducts.co.za Product Specifications

http://www.FLDproducts.co.za Product Specifications

http://www.FLDproducts.co.za Product Specifications

International Environment, FLD Products, South Africa

My overall rating is a solid 10/10, still taking into account the debate on the cellphone clip.   I am unashamedly a tech geek.  I have every conceivable portable device of one make or another, and my possessiveness over each is probably beyond the expected norms.  I even keep the screen cover over the new desktop PC screen – I keep the cling covers on the washing machine, and on the laptop.  Yes, I probably am fanatical.  Without access to my gadgets my work would not be done, I would feel unclothed and incomplete.

My standard iPad fitted perfectly into the iPad bag – WITH it’s stand as well.  To illustrate what I mean by this I have taken a few photographs.  The iPad on its own was a snug fit, perfectly protecting my beloved device.  However I often use the iPad for video purposes and so require the stand, which is a fixture by now, and the iPad takes my videos whilst I use my beast of a camera to photograph events etc.  I was a little concerned that the stand would have to be removed to fit the iPad in, but to my absolute delight, all fitted together perfectly.  With my phone.  The adjustable strap makes perfect sense as I have been seen to be carrying equipment in my hands, under my arms, on my back, whilst I search for a cellphone I KNOW I’d had just minutes previously.  Not a pretty spectacle at all.  To have all right there, perfectly protected, is for me an excuse to get maybe one more?

Thank you Lori for giving me the opportunity to be a part of your review team.  I urge any parent who fears the day he or she hears the sentence that starts off with “…Mom/Dad, about my iPad/phone/tablet… well you see, I was just walking…”

Please contact Lori Lazarus
lori@FLDproducts.co.za
082 520 6162

or

Jonathan Feldman
jfeldman@FLDproducts.co.za
082 377 5032

for more information on this wide variety of good-looking, versatile, practical and absolutely vital accessories.  Follow them on Twitter for updates and special promotions as well.   You won’t be sorry!

#SocialMedia IS Power – turbo charge your event

Social media can turbo charge your event.

After reading the above article (link) I felt compelled to add in a few pointers which from a hands-on point I believe to be even more valuable than APPS etc.   While everyone has a cellphone not everyone has a SmartPhone.  What are most cellphones used for?   Twitter, Facebook and the like.   Herein lies the power!

You are NOT more important than the people – you EXIST because of the people!

YOU ARE NOT MORE IMPORTANT THAN THE PEOPLE!  THE BRAND EXISTS BECAUSE OF THE PEOPLE!

While not all aspects mentioned in the linked post above are easily incorporated into the digital infrastructure of an event, event organisers should go the extra mile to ensure that they cover as many bases as possible.  This does mean carrying all the on-the-go equipment, being on hand 24/7 and having a less than 2second response time (Just kidding) BUT most importantly are the rules of engagement.  Ideally only one dedicated person handling every aspect of social media/digital presence should be the point of reference.  Without that, mistakes can – and WILL – be made. Sometimes with dire consequences.

We know from some very ill-fated events recently how quickly mistakes overtake the good.   Virality is key.   Make it ‘good’ virality.

The most vital (and cost-effective form of marketing) part of any social media campaign is simply this – human interaction.  

Event organisers who believe they/their brand is bigger than the people or the event need to go back to the drawing board.   They are there because of the people.   The people create the event.   Engage with them.   You are NOT more important, you exist because of them.

The largest failure I see daily in people trying to promote even those events which should prosper simply by the names, amounts of money involved etc, is that there is no human element on hand to form – and maintain – relationships with the people who are supporting the event.  

And, honestly, Mr Organiser, Mr Joe Soap feels he is important enough to want to support your event, likewise it is true you would need to – and indeed WANT to – engage with Mr Soap, because next to Social Media word of mouth is still a very effective form of marketing – good or bad!   Without all the Mr Joe Soaps your event would fail dismally.  Mr Brand owes Mr Soap an opportunity to interact with you – after all, Mr Soap has seen fit to support you.   Does it not seem etiquette to respond to his questions, queries, comments?   Even just acknowledge him by saying “Have a lovely day Mr Soap!”

I read a very short line the other day in the bio of a social media user, which struck a chord and I often refer to it:  “Social Media is the only thing more powerful than politics and law”.

Social Media IS power.   Use it, harness it, take it to the highest level to enhance your event – but include your followers/supporters in the flight – and don’t stop at the end of the event.   An event needs to create memories, it needs to generate excitement so much so that every cousin, aunty uncle and granny of Mr Soap’s wants to be a part of it come next year.   It is a 365 day a year job – and yes, it REALLY is 24 hours a day 7 days a week.

Not for the fainthearted, this kind of work only works with real passion behind it.  Disinterest and self-importance in your role shines through, whether you like to believe it or not.  Both are unattractive and will do more harm than good.

Gold Circle @WitnessKZN @PMBComChest #Charity Challenge Race Day 8 December 13

GOLD CIRCLE / WEEKEND WITNESS / COMMUNITY CHEST CHARITY RACE DAY

The Pietermaritzburg & District Community Chest is one of the Charities that will benefit from the Weekend Witness/Gold Circle Charity Challenge Race Day to be held at the Scottsville Race Course on Sunday 8th December 2013.

The Chest will have the opportunity to raise funds at this event by hosting 110 paid guests of the Chest. The Chest will provide a three course lunch at R150 per person. (Tables of 10 = R1500)

All proceeds are for the benefit of the 76 charities supported by the Chest.

It would be greatly appreciated if you could support this fundraising event.

To confirm your booking, please e-mail or call me on (033)3941031.

NB: Please book early to avoid disappointment.

Thank you

Angie Narayanan

Tel: +27 33 394 1031
Fax: +27 33 394 9653
Cell: +27 73 907 3637
Email: chestpro
Website: http://www.communitychest.org.za/

Help Us #WeCanDoThis #KZN Christmas Party for 505 Disadvantaged Children @PMBComChest

Christmas is almost upon us again and we spare a thought for those many thousands of little children in our communities who will be lucky to have any kind of meal on Christmas Day, let alone a small gift. At a time in the year where everyone is appealing for something or another, please take a moment to consider these little children, who really will not have anything if we don’t come together, in love, and work towards helping provide a blessed Christmas for these little children. They also want to celebrate the birth of Jesus. Let us do what we can NOT to deprive them.

Pietermaritzburg Community Chest has once again put out an appeal “Christmas Party for 505 Disadvantaged Children”

Your support towards making this yearly event a success would be greatly appreciated. We CAN make a difference. Let’s start NOW!

Please contact Angie on 033-3941031 / 0739073637 for more information on how to help or email me via my contact form on this website, and I will forward you the full documentation, including which are the beneficiary schools.

Come on KwaZuluNatal – we can do this!

Take care and God Bless

	Best Regards Angie Narayanan Fundraising Manager Tel +27 33 394 1031 Fax +27 33 394 9653 Email: chestpro Website: www.communitychest.org.za
Follow us	Support us and run Comrades for Community Chest

‘Money, power, respect’: the Constitution’s foundational values (and yes, the title of a hip-hop song) | Daily Maverick

The Rule of Law and Separation of Powers. Moving from the history of the creation of the Constitution we focus on its very fundamental role in defining how power is attributed.

I found a very interesting article which anyone with an interest in South African Education in every respect might like to read.  In it, is clearly states what we all think we know… well we all think we know it all… clearly there are shortcomings.

It is crucial that learners and educators, school governing bodies and/or their representatives, understand that the Constitution is the supreme law of the country and that nobody is above the law – concepts which may seem obvious but really are not, at least to them. It has been troubling to see how children perceive how power is distributed in South Africa, sometimes painting a picture more akin to an absolutist state than to a democracy.

via ‘Money, power, respect’: the Constitution’s foundational values (and yes, the title of a hip-hop song) | Daily Maverick.