April2010

South Africa, Zambia and Mauritius – A Perfect Safari/ Beach Itinerary

Apr 13, 2010
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Day 1

Depart at 1920 from London’s Heathrow Airport on the British Airways flight BA255 travelling in Business Class to Lusaka.

Days 2 and 3

Arrive at 0630 and connect with a scheduled flight departing at 0800 to Livingstone. On arrival at 0900 you will be met and transferred to the Royal Livingstone Hotel where you stay for two nights (bed and breakfast).

The Royal Livingstone, on the Zambian side of Victoria Falls brings a new level of luxury and sophistication to this world-famous region. This comfortable modern, well equipped hotel is an excellent base from which to see the waterfall and enjoy the many activities on the river and around the Falls.

The bedrooms are two-storey clusters inspired by the grand estate houses of a bygone era. Each cluster comprises ten en-suite air-conditioned rooms with private balconies and terraces that offer spectacular views of the Zambezi river and beyond.

Each room offers a quiet retreat from the ruggedness of Africa, with large shaded verandas and open spaces cooled by swirling fans and tall shutters. The travellers bar and lounge is a place where guests can relax under thatched shade, decorated in greens, creams and ebony. There is a large pool and the restaurants are very good, serving international cuisine.

While you are at Victoria Falls, you can enjoy a wide range of activities, including flights across the waterfall by helicopter and light aircraft, white water rafting, canoeing, sundowner cruises and safaris. Guests can also walk to the mile wide waterfall, which can be viewed from several vantage points along the network of pathways.

Days 4 to 6

In the late morning you will be returned to Livingstone Airport where you board a scheduled flight departing at 1300 to Johannesburg’s OR Tambo International Airport. Arrive at 1440 and connect with a further scheduled flight departing at 1600 to Cape Town’s International Airport. On arrival at 1810 you will be met and transferred to the Cape Grace Hotel where you stay for three nights in a luxury double room (bed and breakfast).

The Cape Grace is quite simply one of the finest hotels in Africa, set in a superb private position on Cape Town’s Victoria & Alfred Waterfront with views towards the Atlantic Ocean on one side and the immense flat-topped expanse of Table Mountain to the other. The atmosphere at the hotel combines genuine warmth and friendliness with a very high standard of service and efficiency and while you are here the hotel will be pleased to arrange any excursions in and around Cape Town, either on a private or shared basis. Surrounding the hotel is the Cape Waterfront complex with entertainment, shops and attractive restaurants in an area which is safe to wander around during the day and in the evening.

The Cape Grace is privately owned and not part of a large chain and this is reflected in the comfortable elegance of the furnishings and décor of the rooms, suites and public areas. There are eighty one spacious luxury rooms, ten superior rooms which have balconies with fine views, and eighteen luxury loft rooms which are a located on the top floor, each with terrace and access to their own private lounge facilities. In addition, there are ten suites and two penthouses.

The hotel has a library and lounge, two restaurants and a bar, and on the top floor a fully equipped spa and heated swimming pool. Guests also have complimentary access to a conveniently located health club.

In 1652, Jan van Riebeeck sailed into Table Bay on the north Cape Peninsula and laid the foundations of South Africa’s oldest settlement, Cape Town. Three hundred and fifty years of history have been preserved in much of Cape Town’s architecture, which combines attractively with the more functional demands of the 21st century.

The Houses of Parliament, National Gallery, Museum and Planetarium are all within ambling distance of elegant shopping malls and colourful markets, which entice shoppers to browse and buy everything from souvenirs to African art, gems and antiques. In the last ten years, the restoration of the Victoria and Alfred Waterfront dockland area evokes images of 19th century seafaring activities and provides a superb setting for an array of cafes, restaurants and bars. From here, you can take boat trips round the harbour and out across Table Bay.

Dominating the city’s skyline and flanked by Devils Peak is the looming mass of Table Mountain, and visitors should not miss the opportunity to ascend Table Mountain by cable car. The view of the City and the south Atlantic from the summit is quite magnificent.

There is a wide range of excursions and activities in and around Cape Town including visits to Robben Island where Nelson Mandela was held prisoner, visits to Townships where you can enjoy lunch and exposure to Africa’s vibrant urban culture. To the south lies the scenic Peninsula with its attractive sandy bays and pretty little towns. There are remote penguin colonies which can be visited by boat and canoe, and from July to November you can set off further afield in search of southern right whales. The more adventurous can even go looking for sharks in special “caged diving” facilities.

An hour’s drive to the east of Cape Town lie the Cape Winelands where you find beautiful undulating scenery covered in ancient vineyards and fruit orchards. There are literally dozens of ancient wineries, many of which are open for tastings and lunch and which have magnificent estate houses. For the golfer there are several beautifully maintained championship golf courses, and the attractive little towns of Paarl, Stellenbosch and Franschhoek are each worth a visit.

Days 7 to 10

In the morning you will be returned to Cape Town’s International Airport where you board a scheduled flight departing at 1000 to Kruger’s Mpumalanga Airport. On arrival at 1235 you will be met and transferred twenty minutes by light aircraft to Londolozi’s Founders Camp where you stay for four nights (inclusive of meals and activities).

Londolozi Founders Camp is one of South Africa’s finest safari lodges, situated on the prime Sabi Sands Game Reserve, bordering the Kruger National Park. On this reserve the open savannah, woodland and riverine bush supports an amazing range of wildlife. There are large herds of elephants, buffalo and giraffe, many types of antelope ranging from timid impala to great kudu with their great majestic curved horns. Prehistoric looking rhinoceros can be found, while in the rivers there are hippopotamus and crocodiles. Londolozi is also an excellent place for spotting predators – lion, leopard and cheetah are all regularly seen.

Founders Camp comprises just five chalets and one suite, set in thickly forested bush overlooking the Sand River. Each of the chalets is beautifully designed and air conditioned with large beds, elegant furniture and en suite bathroom with bath, shower and twin hand basins, while outside is a large viewing deck.

The guides at Londolozi are among the best in South Africa with great knowledge and love of this exciting reserve. They will take you game viewing by open vehicle, during the day and at night, when you might spot nocturnal creatures such as aardvark, civit and leopard, with a spot light and they will also take you on walks where the guide will be armed, demonstrating his amazing tracking skills and give you an opportunity to enjoy the excitement of feeling Africa under your feet, learning a huge amount about the bush as you go.

Founders Camp has a good sized swimming pool and there is a covered lounge area. You will find the standard of cuisine and management excellent.

Day 11

In the morning you will be returned by light aircraft to Kruger’s Mpumalanga Airport where you board a scheduled flight departing at 1425 to Johannesburg’s OR Tambo International Airport. On arrival at 1530 you will be met and transferred to the Safari Club where you stay for one night (bed and breakfast).

An oasis of calm just four minutes from Johannesburg’s OR Tambo International Airport, the Safari Club offers superior accommodation and warm hospitality. Opened on the 1st November 2007, with seventeen luxury en-suite rooms for the safari traditionalist, designed for both the foreign and local traveller in Southern Africa.

The Safari Club is privately owned and run by renowned hotelier Emile Muller, offering his guests a true African experience on the doorstep of Southern Africa’s gateway.

Every room has been carefully decorated to a specific area eg. Kalahari room, Etosha room, Okavango room etc. There are a number of lounges for relaxation as well as a bar, breakfast room and a newly installed swimming pool for those hot summer days. The bar theme has been dedicated to the famous Nguni cattle and covered with beautiful memorabilia.

Days 12 to 15

In the morning you will be met and returned to the airport where you board flight BA6399 departing at 0900 to Mauritius. On arrival at 1510 you will be met and transferred to Le Telfair where you stay for four nights (half board).

Le Telfair is a superb five-star property located on the south west corner of Mauritius, occupying a beautiful site with a 2km beach frontage and luxurious tropical gardens. The hotel is adjacent to its own 3500-acre nature reserve where you find birds and small mammals including deer.

Le Telfair accommodates guests in twenty very spacious two-storey plantation style villas, each having between six and eight rooms and suites, all of which are constructed and furnished in light shades of wood to a very high standard and with attractive light-coloured décor. The hotel has a very large pool and a separate children’s pool, an 18-hole championship standard golf course, floodlit tennis court and a spa.

The 2km long beach leads to a large turquoise lagoon and you can enjoy the full range of watersports including waterskiing, wind surfing, sailing, fishing, snorkelling and many more. The property has five restaurants including one at the golf club, another beside the pool and another in an attractive 18th century ‘chateaux’ which is a five minute buggy ride away from the hotel and where you can enjoy fine dining.

The hotel’s rooms are elegantly furnished with dark timber floors, cream-coloured walls and mahogany furniture and floor-to-ceiling French windows open wide onto a veranda, which in the case of most rooms face the sea. All rooms have individually controlled air-conditioning, safe, tea & coffee making facilities and satellite TV. The superior rooms are 54m² with a 12m² balcony. There are eight senior suites, which have a bedroom and a separate private dining room and lounge area, a DVD/CD player and an area of 81m² with a 23m² terrace.

Day 16

In the morning you will be returned to the airport where you board flight BA122 departing at 0915 travelling in Business Class to London’s Heathrow Airport, arriving at 1805 (local time).

Janie Harmsen is a dedicated specialist in luxury african safari travel (Safari vacation).

Can The Provision Barring Civil Court’s Jurisdiction In The Proposed Companies Act Be Effective?

Apr 9, 2010
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We all aware that there is no express provision barring the Civil Courts to entertain certain company disputes under the Companies Act, 1956. We have been seeing the cases where the Civil Court entertains Company disputes if there is no specific remedial measure before the Company Law Board or the Company Court. The issue of Civil Court’s Jurisdiction to entertain certain company matters is also supported by the Constitutional Courts on the ground that there is no specific bar under the existing Companies Act, 1956 barring the Civil Courts in entertaining Company matters and on the ground that the Companies Act, 1956 do no provide all remedial measures to all the shareholders before the Company Law Board or the Company Court.

It is true that adjudicating a company dispute requires specialization and the Civil Court may not effectively adjudicate a Company dispute. We are all aware of the inevitable complications under Company Law. Laudably, an effort has been made to bar the Civil Court’s jurisdiction to entertain company matters in the Companies Bill, 2009 or in the proposed new Companies Act replacing Companies Act, 1956.

Section 391 of the Companies Bill, 2009 dealing with the Civil Court’s Jurisdiction is extracted below:

“391. No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force by the Tribunal or the Appellate Tribunal”.

The object of section 391 in the proposed Companies Act is to exclude the Civil Courts in entertaining company disputes and to avoid the jurisdictional ambiguity. Under the existing Companies Act, 1956, shareholders who are qualified to approach the Company Law Board under section 397/398 may choose to approach the Civil Court rather the Company Law Board.

In CDS Financial Services (Mauritius) Limited Vs. BPL Communications Limited and others, (2004) 121 Comp Cases 375, it was held that “when there is no express provision excluding the jurisdiction of the Civil Courts, such exclusion can be implied only in cases where a right itself is created and the machinery of enforcement of such right is also provided by the statute. If the right is traceable to the general law of contracts or it is a common law right, it can be enforced through the Civil Court, even though the forum under the statute also will have jurisdiction to enforce that right. Sections 397, 398 and 408 of the Companies Act, 1956, do not confer exclusive jurisdiction on the company court to grant reliefs against oppression and mismanagement. The scope of these sections is to provide a convenient remedy for minority shareholders under certain conditions and the provisions therein are not intended to exclude all other remedies”.

Now, with the express bar under section 391 of the proposed act, if a remedy is available before the National Company Law Tribunal etc. then, no Civil Court can entertain a suit.

But we need to address an issue as to what is the situation if a particular relief is not available to the shareholders before the National Company Law Tribunal or under the new Companies Act?

Under such circumstances, despite section 391 in the proposed Companies Act, it may be very difficult to bar the Civil Courts in entertaining Company Disputes or it may be difficult to lay down a proposition that no shareholder can approach the Civil Court against the managerial personnel, the management or the Company.

It is true that the Civil Court may not be effective like the proposed National Company Law Tribunal, but, when a remedy is not provided before the Tribunal, the shareholders will obviously be approaching the Civil Courts and it may even be supported by the Constitutional Courts in future.

It is true that the Civil Courts jurisdiction is effectively barred under certain enactments like Securitization Law and it is not usual to see a Civil Court to entertain a dispute under Securitization Act upon which the Debt Recovery Tribunal shall have jurisdiction. It is possible under the Securitization Law in view of the limited scope of the subject matter. Under Securitization Law, it is only about the determination of debt or the legality of the action taken by the Bank under the Act. Only the Bank, the borrowers, the guarantors and in some cases a third party, is interested in a securitization case, but, that is not the case with a Company litigation. The Company Law Board, Company Court or the National Company Law Tribunal as the case may be should consider many issues before passing an order in a Company dispute.

In my opinion, it is very difficult to bar the Civil Court’s jurisdiction as intended with section 391 of the proposed Company’s bill or the new act.

In order to achieve the objective of barring the Civil Court’s Jurisdiction effectively, we need a detailed provision barring the Civil Court’s Jurisdiction and there should be a provision similar to section 151 of C.P.C in the proposed Companies Act giving liberty to the shareholders or the members to approach the Tribunal for the relief which is not specifically provided under the Act. If there is such an arrangement under the proposed Act, the National Company Law Tribunal shall decide the maintainability of the applications or the petitions and can pass appropriate orders.

I am sure that it is very difficult to bar the Civil Court’s Jurisdiction as intended with section 391 of the proposed bill or the proposed new Companies Act. There tend to be lot of litigation on the issue of Civil Court’s Jurisdiction even after the new Companies Act coming into force replacing Companies Act, 1956.

Note:

I have expressed my opinion on the issue and I am aware of the complications in Company Law.

V.DURGA RAO, Advocate, Madras High Court.

Email: vdrao_attorney@yahoo.co.in

Our System Has Conditioned Us For Failure!

Apr 6, 2010
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In the Asian culture we have been taught to put ourselves down, most of it is due to the way that we’ve been brought up.

I remember when I was young , my aunt would use to come over and they would pass comments over to my mum saying, “Do you know, your son is really good at this”?

Then my mum would reply,” Nah, he’s quite stupid. He’s not like that.” This is precisely how we have been conditioned to respond in the Asian culture.

You’ll find that a lot of people who are influenced and brought up through the American culture or European culture tend to bring their kids up.

But that’s not the case in Singapore. Here’s a joke to put the point across, if you see a kid climbing a tree here in Singapore, the mum would say, get down, you ‘re going to fall!”

But in another country, a kid climbs up a tree, and the dad would say, “Go higher son, come on, you can do it! Go higher!” Reach the top!”

So that’s the trouble, we put ourselves down. And I find it’s the Asian culture that does it most of the time.

I have actually encountered some people who are really good at what they do and I feel that they are really good at what they do.

But the same person doesn’t feel it. They don’t feel the same way, they feel like, “Hey, you know, no big deal about what I’m doing or can do.

Here’s an example, I was having a chat with one of my friends who comes from Mauritius and he’s a really, really talented learner . He’s has this very curious style about learning. He puts himself in this child-like state and he’ll ask questions that normally no one would ask.

But when I told him, “Hey, you know, that’s a really good talent you have. How about turning it into some kind of business?” What was his reaction? He said ” nar, I don’t think we can do it. It’s no big deal. I’m sure other people are doing it better”.

The reason why most people would have such responses is because of the way we’ve been conditioned.

We have been conditioned in the education system that, to be a successful person, I must be a doctor, I must be a lawyer, I must study really hard, I must do something I hate to do, must work really hard. And after making all the money in the world then will I do something I love.

So, a lot of us have been conditioned to think that success is not doing something we truly love, and what we truly love should be something done only for fun.

Adam Khoo is an entrepreneur, best-selling author and a self-made millionaire by the age of 26. Discover his million dollar secrets and claim your FREE bonus CD ’6 Ways To Achieve Anything In Life’ at Paving The Way To The Top.