Albino clownfish and the Law
- Thread starter 459b
- Start date
- Status
herkie
R.I.P.
I would like to suggest that all members of MASA undertake to buy a fish each from Marcel when he has all the required permits etc. It would be a good investment cos you have the fish in your tank plus it should help to pay the obvious cost coming.
herkie these are premium clowns at a premium price the sa market could only take a few not all...he is the only person in the world that has albino clowns at this stage(think about that for awhile
)
Manic
Retired Moderator
I wanted to say something but I thought I would leave it. To be honest most of us could not afford one of these fish. Think about gem tang+ territory.
herkie
R.I.P.
Shows you what uniformed is all about. Sorry Marcel the offer is withdrawn but I still wish you all the best.
I would like to assume that the contract was only good if/when all the necessary permits were in place.
unfortunately you cannot dictate to the govt marcel. if they tell you what to do and you dont do it, you get prosecuted. ps i wouldnt get so excited about the number of views of the thread being so high, its not often the circus comes to town.
Glen, I am not excited about it, neither was I when behind bars.
I just thought, I change the topic a bit to read something more positive.
Brenda, that is actually right. The contract or better Letter of Intent is between Proaquatix and Marcel Triessl. At this stage it is still unclear if I start the new business as a sole proprioter, closed Corp. or something else.
Obviously Proaquatix fully understands that this contract/LOI is going to happen only, until I got all required permits. Proaquatix didn't jump the gun to sue me for not full filling the contract/LOI. DAFF did jump the gun. Now you must keep in mind that they have got a copy of this contract/LOI and a sales forecast for 24 months. Imagine the figure at the bottom for world wide sales estimated. I reckon, somebody wants to pick the grapes, while I was nursing the plants for two years.
Every single law is clear within itself, but combined with other laws, they become very quick controversial and the judge need to use his common sense to deal with the case.
In my case, the might can find me guilty, because of having a contract/LOI, which can be seen as commercial activity already. But now the credit act and immigration law comes into place as well. How to get a loan from a bank, without having a sealed contract with figures? How to get a exceptional skills work permit from home affairs, without providing such figures and contracts/LOI? Home affairs wants to see, what positive effects for job creation, tax, etc. such issued permit will have.
They issued me this exceptional skills work permit for three years, but if they find me guilty, I am going to pack my stuff and my pets and leave South Africa. Why?
Because if found guilty, I will have a criminal record and can forget my application for permanent residence.
The person who brought this situation up, puts my whole life and future here in South Africa into jeopardy.
Through the presidential hotline is now a national investigation opened up. That means, who ever put me into this, has to deal not with me alone. Easy to hide yourself from the German, but from the government?
I am sure, this situation would have never happened, if I would breed normal clowns only.
Hi marcel.i would advise that you appoint a legal representative..will possibly save you alot of time n headache..from experience n based on the facts set out,you have a good chance of getting off with representations to senior public prosecutor..although such reps have to be drafted properly
well marcel i really hope you are able to get this sorted out,when i saw your albinos i realised that a photograph does not do them justice at all, they are amazing and the hobby would be losing something really amazing if you cant get things right.. you just need to watch more csi so that you can figure out if,how and where someone tried to stiff you. but i suppose it would be hard to do anything to that person or persons that is legal. i am picturing you doing something chuck norris style ala SS and getting yourself into trouble which wouldnt be good at all
Johan van Aardt
I love marines [R.I.P.]
maybe you should represent marcel.....
Well now if this was malicious and from jealousy then i do hope the person gets whats coming. that person would have to leave this industry in south africa
Guys its a new week, please lets try keep the emotions off the board and try stick to facts that would actually help or improve the situation.
Marcel i would strongly advise legal council, as nothing is cut and dry as far as the law is concerned and there is plenty at stake here, including your future in SA. I am sure the German Consulate would provide this for you.
Marcel i would strongly advise legal council, as nothing is cut and dry as far as the law is concerned and there is plenty at stake here, including your future in SA. I am sure the German Consulate would provide this for you.
Last edited:
Jeepers, what an interesting thread.
I will just say this to everyone, slamming the goverment and legislation (as stupid as they may appear) will not help the situation- in fact it does nothing at all but just stir up emotions. If at the end of the day, the law was broken, then focus on what can be done about it (things like seeking legal advice- agree with Alan about speaking to the German consulate).
Marcel, why do you want to represent yourself? To save a few bucks? This seems like a silly risk to me if you really do want to stay in the country. Rather get someone who is versed in legal processes.
I will just say this to everyone, slamming the goverment and legislation (as stupid as they may appear) will not help the situation- in fact it does nothing at all but just stir up emotions. If at the end of the day, the law was broken, then focus on what can be done about it (things like seeking legal advice- agree with Alan about speaking to the German consulate).
Marcel, why do you want to represent yourself? To save a few bucks? This seems like a silly risk to me if you really do want to stay in the country. Rather get someone who is versed in legal processes.
Well, I have to admit the chuck norris style crossed my mind, but for me as a foreigner it is difficult to do. And it scares the crap out of me, when I think what the authorities are going to do with me after I have beaten somebody up badly. Keep in mind, I was locked up for breeding marines.
Nobody is perfect and if there is somebody behind it, this person will have done plenty of not so legal things. An evil person like that can not have a white shirt, all I have to do is to make the invisible stains, visible for others. Legal actions are the way to go.
I mentioned it before, if a lawyer does the talking, things that should be said, won't be said in court. Who knows the whole story better than me!
And to be honest, I am not so sure if I really have to go to court on the 7th. Lots of time until then, and from my point of view, DAFF should solve this matter together with me before it goes to court. It might be, that the big boss of DAFF totally disagrees with what happened.
DAFF knows everything I did so far, because I told them so. So why not working together to find a solution?
You do have some valid points there Marcel with regards to what HA requires and what DAFF's complaints are. They are some what contradicting
Also Marcel if there was somone in SA who was so jelous of you and wanted to steal your creations to breed them and profit from that, its nice movie style story but I seriously doubt thats is the case as it would mean that some person has the MCM/DAFF at their personal disposal and this is the thing which makes it nearly impossible unless you think they themselfs want to breed them but I highly doubt this as they only work with cold water local stuff.
However I have an idea that if by some slime chance your clowns end up in the hands of some person who wants to bread them, that certain members on this forum will remove those clowns by anymeans and return them to you where ever you may be living
However I have an idea that if by some slime chance your clowns end up in the hands of some person who wants to bread them, that certain members on this forum will remove those clowns by anymeans and return them to you where ever you may be living
- Status