Hi, everyone. Welcome to what the app is going on in Latin America. This is CodePink's weekly webinar of 20 minutes of hot news out of Latin America and the Caribbean. We broadcast every Wednesday, 12 p.m. Eastern, 9 a.m. Pacific, and we focus on hot topics in the hemisphere. Today, we are going to be in conversation with Fulton Armstrong, who is a fellow at American University, and we're so fortunate to have him with us. Let me give you a brief. He has a lengthy resume to share with all of you, but let me give you a brief rundown of his experience. So he has followed Latin American affairs for almost 30 years in a number of U.S. government positions. He served as a senior professional staff member responsible for Latin America on the Senate Foreign Relations Committee from July 2008 to October 2011, where he also worked closely with the committee's investigations team. Prior to that, he served in the executive branch in a series of policy and analytical positions. Among other senior positions, he was national intelligence officer for Latin America, the U.S. intelligence community's most senior analyst, 2000 to 2004, and for six months, he was the chief of staff of the DCI crime and narcotics center. So this is specifically his background that we want him to share with you today. We're going to talk, start our conversation with the Department of Justice's indictment of Venezuelan president Nicolás Maduro on narco trafficking charges last Thursday. And, and then explore the foreign policy objectives behind that indictment, and the history of this practice throughout the hemisphere and then talk in more detail about the statistics of the actual narcotics industry trade here in the Americas. So welcome Fulton so pleased to have you I'm very honored that you accepted our invitation to join us today. Happy to be here. Happy to be here. This is one of many things that are going on in Latin America that that it's good that people are looking at. I mean I can start with the indictment the indictment was is for me a little bit of deja vu all over again because in my salad days I was an officer serving on a task force. And that was that that was formed during the crisis in Panama, when the US government in fact ironically or not so ironically, a fellow named Elliott Abrams was profoundly involved in the Panama issue during that period of time and we also highlighted him for behavior related to narcotics narcotics trafficking. I really hard to weigh the quality of evidence in the two cases, but as a policy tool indictment is a very dangerous one, because you make things radioactive without having yet had a trial. So in this case of Manuel Noriega he was indicted, we then tried a series of economic measures and diplomatic strategies etc to force him out of office, and that failed of course and we wound up doing an invasion in December 1989 that wound up killing a number of civilians innocent civilians. And in this case it's a little different obviously the situation has developed over over a number of years, the US government was trying very hard, going back to Bush Cheney, frankly, to build a case for an indictment against Travis. And part it's because that border between Columbia and Venezuela has traditionally been porous and traditionally bad guys move from one side to the other, relatively routinely, and yes there have been bad officials on both sides that have been directly or indirectly involved or benefited from that drug trade in the area. It was very different, however doing an indictment against the sitting head of state and major commanders and it's yet again different that you're going to put blood money on somebody's head of a $15 million reward for leading to the arrest or capture of a sitting head of state. Now it's true the US government continues, it sounds a little bit bizarre to refer to him as the former regime. And that's exactly how Barr introduced the indictment last Thursday. They were indicting the former Venezuelan president Nicolas Maduro. So they, so in their minds they're not indicting a sitting president. Right. The rationale behind that. I mean, since January 2019, we have recognized and we used our diplomatic muscle to get some 50 some other countries to recognize Juan Guaidó as the president, but still there's no one debating and including in the opposition, including Guaidó's own people, that Maduro is still the head of state. He still runs the government. He still has territorial control, bureaucratic control, economic control, the central bank, etc. So we've basically like a mischievous boy pulling the wings off of a fly. We've pulled the wings and the legs off of much of the Venezuelan economy, for sure, and done a lot of diplomatic pressure on him for sure, but he is still the sitting head of state. When you do this, it's part usually of a broader strategy. I don't think that they really want to send a DEA plane down there to pick them up. I think what they're trying to do within their broader strategy is what they've been trying to do for a number of years now and that is to prompt someone to go in and remove this man, to rid us of this priest, and if they can't get a popular revolt on the streets by... Which they haven't achieved yet. I mean, I would argue for 20 years the US government's been trying to achieve some sort of revolt against the Shavista movement. Right. I mean, since Chavez's first election, in 1998, there have been elements of the US government who have had that as one of their primary objectives. Even when the presidents themselves, I worked in the, you didn't mention in my bio because it is a long bio, but I was one of the directors. I was one of the directors of the National Security Council when Chavez, President-elect Chavez, came to the White House and I wasn't in the meeting itself, but I prepped President Clinton for it and the National Security Advisor of Court and then I've got a full debrief afterward and we decided, the president decided back then with the Secretary of State, Albright's full support that we're not going to make this guy and our enemy. We don't agree with some of what he wants to do. We don't, we're a little bit nervous that he can't pull it off, etc., but let's not make this into an enemy versus enemy sort of thing. But there were elements of the American bureaucracy that said, well, the president can say what he wants to say. I have my own agenda. And so you're technically you're right that for 20 years elements of the US government have been going after him. But this indictment really kicks things up a notch. And there are some weird, I don't like conspiracy theories, but there are some weird coincidences with the timing of the indictment. It's coming just as the country is entering a crisis with the Coronavirus, just at a time that Maludo taking the high road, which he doesn't often do had offered to negotiate with Guaido on finding a way for them to open a political and operational path for the delivery of immigrants to the Venezuelan people during this Coronavirus thing and Guaido was was talking. He was talking. This is not the first time that the Guaido and or his emissaries were talking and it looked like there was some sort of progress that at least on limited areas they were going to sit down and do what adults are supposed to do. And that is to negotiate solutions. And then surprise surprise this indictment happens. The other weird element of the story at this time for which it's really difficult to find corroboratory information is this fellow named Cleaver Alcala, a former Brigadier General that's been over in Colombia, associating with who knows whom was by his own admission, part of a $10 million arms delivery that was going to go to a buddy of his on the Venezuela border for who knows what sort of activity and Cleaver Alcala was was one of the indicted officials, and he handed himself over to DEA and say here come and take me come and take me is very friendly sort of thing it's almost as if a reunion there of people. So he is correct me if I'm wrong but he is also wanted by the Venezuelan government correct for for plotting against the government in Colombia. It was cashiered two or three years ago and went to Colombia so big cashiered military guys already on somebody's list for some sort of activities. It's not surprising that there've been for many years perhaps even the 20 years that you were referring to. There have been enterprising Venezuelan rebels, if you will, who have found friendships over in Colombia, and been part of various plans, none of whichever really is fully clarified there was a time back in gosh, when it was and it was after the coup against Chavez would have been 2003 2004 that a group of paramilitaries Colombian paramilitaries had been discovered at a Finca somewhere outside Caracas is mostly kids 3540 young men who had been at least doing PT physical training. They didn't have hadn't received their weapons yet but they were training with these wooden carved rifle like sorts of things. The thing goes owned by a prominent Cuban American who, and then the story just disappeared. So it's not, it's not uncommon for you to have the 10 for us to sort of try to put the pieces of the puzzle together, but but be denied the validation of the information in a way that we can really see what's going on. So this. And you mentioned Elliott Abrams and of course, you know we've seen him in various parts of Latin America. And, and he has a history of operations such as this and forwarding us economic and foreign policy objectives. And that happened in the last few days is the repositioning of the Southern command and the Caribbean, and I can't correct me if I'm wrong I'm not sure if this was before or after Thursday's indictment. So what was that a hearing on the hill last summer where Admiral Fowler, who is the Admiral for the Southern command for our viewers, who testified in front of Congress, as far as what he needed budget wise to, I believe he said to retool his fleet for foreign aggression in the atmosphere. And it appears that he's moving his ships closer to the Venezuelan coast. And I wonder if you can comment on that. I can't really I saw I saw the same quotes come out of the hearing I thought his wording was at a minimum a bit on the, the rare side. Usually one doesn't use those terms and I don't remember the exact quote myself either, but it's part of his job is to have military readiness. Part of his job is also sort of semi political he has to work with the State Department, and he lives in Miami, which is the, the nexus for a lot of the political pressures be brought to bear on issues like Venezuela. And for the movement of ships, I don't know if ships have been moved into the area. I wouldn't be surprised but remember that moving ships around is often much more of a gesture than it is planning when you're really doing a plan. You don't advertise it by moving stuff around. And if it's posturing so to speak. I think it's show, perhaps if in truth, if indeed something is going on, but also coronavirus changes the game quite significantly. Okay, you're not going to put, you're not going to put American troops on the ground in the middle of what's for the US, a health crisis, and where you could be going into a hornet's nest a biological hornet's nest in some of the barrios and ranchos in Venezuela. So, I doubt it. If one were to really get weirdly conspiratorial stuff. What you see in some of the rhetoric, especially the rhetoric coming out of the State Department, even though people that State Department claim that they want to promote peace processes and stuff, they want to promote the elite albums rolled out his grand plan, which really isn't much of a plan. Yesterday, it's basically going back to square one and say the immediate this and the immediate that and that we're going to support in his talkers he doesn't feel that our candidate will be will will not become interim president but our candidate Juan Guaidó will be our preferred candidate in the in the new newly scheduled elections, and all that that part of the rhetoric has been has laid the ground and one of this has gone for some sort of weird little military type of thing, but I'm, this really puts us in the conspiratorial column right here for which evidence is very shady, but they are talking about the hemispheric threat. And you talk about hemispheres, you're basically laying the groundwork and you say this regime must end and language like that. And we had these funny things that came out of the Pence office but it came also out of the State Department to the paid a visa employees that have been under house arrest pending investigations as hostages. But when you do that, and you're, you're, you have these goofy scenarios of arms moving around and you have these areas where you're trying to provoke remember the the so called humanitarian aid distribution efforts at the Santander Bridge over on the Colombian border in Cúcuta, Cúcuta last year, you have these you know military aircraft showing up for our viewers this was February 23 of 2019. When you have these straws in the wind, you have to be very careful analytically, not to have the straws come together. They might be straws that the regime as they like to go to a former regime is supposed to see and supposed to be shaking in its boots. But, but it at first for which it doesn't work. When you do these sorts of things, especially when you indict members of the military I command, you actually increase their loyalty. Even if you've seen signs that the military itself is very, very anxious about what's going on in a country. When you indict them and you basically make them a group they're going to hang as a group. Frankly, but it's not totally wacky for those straws in the wind which might be signals to be construed by people as some form of pre staging of American aggression of US aggression. I don't think it works though, frankly on the ground, because the Venezuelans people, they're very hungry. They're very scared. They're also suffering from exhaustion and fear, and all of that. The message that we want to be giving them at this point is that we're turning up the pressure cooker and hopes that they explode, and that somehow the mess is going to lead to a pro US pro pro our values sort of government. I, I would add to that that I think my personal experience there in Venezuela and over the years is that putting this pressure for regime change on the people has is uniting the more moderate people into a, I would say more moderate opposition in dialogue with the Shavista government to preserve national sovereignty. There's a great sense of nationalism developing in response to these regime change efforts, and also in response to unifying to battle this, you know, the COVID-19 the coronavirus. And that was, yeah, I think you're right that that although Venezuelan nationalism has been formed in funny little ways because it's a rentier economy. It's economy that is has been as dependent on its markets as anything that's homegrown. And when you have a rentier economy, all economic things become perverted and political things become perverted around that one commodity. And that's how you could have Punto Fajismo, where Tweedledee and Tweedledum share power they alternate power among them, and you have then the neglect of the quality of your political institutions. In some cases where the national definition was formed against the US, for example, there are there are serious Cuba scholars who would say that Cuban nationalism, if you take out the anti US part of it, it's sometimes hard for Cubans to articulate it, even though they have a they have a really rich sense of nationhood and cultural identity and all of that. Venezuela doesn't have as rich a set of other nationalist attributes as, for example, Cuba would have or Mexico would have. It's more like Central America, where it has really not done that national identity thing in the healthiest possible way. But you're right that what we're doing is by isolating people in the government we have people unify around them, and we make opposition minded people more and more nervous. And then they go toward either towards supporting the government, or they became rigidly neutral. And you have the split of the opposition that Juan Guaidó and Leopoldo Lopez his true mentor the real power exactly behind Juan Guaidó is Leopoldo Lopez who's been living in the Spanish Embassy, since the failed coup of April 30, 2019, there are many failed coups so we have to actually give the date of that. Leopoldo and know that that a lot of people don't really want to support them. And there are good thinking moderates within the opposition, but whose good voices get lost in the mix. We get subterfuge by US dialogue and potential intervention when you see more moderates wanting to dialogue with the current government and wanting to find an internal solution among themselves. That always seems at least from the US narrative to be subterfuged from Washington, any attempt to solve the issue, other than what the US wants. In other words, our foreign policy are in our most noble moments in our foreign policy are when we remain committed to process. We can have a preferred outcome, but our, but our commitment should be to process when we let elections move their own way, when we let negotiations move their own way, and we let historical forces work themselves out and let the compromise be that way, rather than our commitment being to a preordained conclusion. When we have a preordained conclusion, we wind up neglecting processes and then splitting the decent forces that are that should be driving those processes and weakening them. And I agree with you on that. You know, listening to you talk about allowing the process to, you know, run its course. There's something that we're working here within code pink on our Latin America team is, as far as identifying and defining our overarching theme and we are all the three of us Michelle you're Well, we're all opposed to the strict reinforcement of the Monroe doctrine. And I believe it was during the Roosevelt administration where the president said we're not going to dominate the hemisphere we're going to practice a good neighbor policy. Am I correct in understanding that and to me that sounds like what you're saying is let, let the process run its course. You know, and, and see and then manage, perhaps, you know, in a more diplomatic manner, the outcome. Right. And accept it, accept it. That's the key word. Yes, I mean there's an evolution each one of our presidents, whether it goes back to Roosevelt, or JFK in the 60s, where he tried his initiatives in Latin America. And certainly, I watched very closely the Bill Clinton era where we actually began apologizing for atrocious behaviors of the past that we had been involved in in Guatemala and Chile, etc, and other places. It's been evolutionary and of course Barack Obama at his first summit of the Americas in 2009 said, I refuse to call it our backyard. This is our neighborhood. These are not our, our little boys and girls these are our partners, and he tried to really build a partnership with them. It's evolutionary because no one's, no one has really had this happen. The bizarre thing though is that even though that has been historic trend over so many years that the Trump administration first, first in his first secretary of state and now with Pompeo, have proudly said that the Monroe doctrine is alive and well. And then Miami last year and John Bolton did it and stuff. So it's a little bit weird that, you know, what do they think their real constituency is. And if they think this is all about Florida, they might look over their shoulder that there are now about 150 to 200,000 angry Puerto Ricans to whom throwing paper towels after the hurricane was was not a gesture of friendship but was an insult. To our own citizens. To our own citizens to our own citizens. Yeah.  Are you able to give us just a two minute summary of the actual narco trafficking trade coming out of Latin America what the principal roots are. And all of us, I think all of us viewing and in watching today we all know the United States is the largest market in the world. And we never talk about addressing that as part of the solution so can you give us a quick before we let you go. Yeah, we, it's funny how we apply certain analytical principles on issues in some cases but we don't and others. Because we usually use market, market economic print, models to understand things and in this case that we don't want to, we are the market. Every nickel, every nickel that all of the violent people between the producers the actual cocoa growers and the consumers, every, every nickel that they're fighting over every drop of blood that they're shedding, including many, many innocent people in Mexico and Central America, we're the ones that are funding all of those various activities so was if we established that when when I was in the Senate Foreign Relations Committee you mentioned that I was on the investigations team. We once did a little bit of an investigation it's very hard to do this investigation because it mixes the foreign policy with the domestic policy. So we would get these briefings from the State Department dinell from on DCP and the White House and, and from the DEA that had these maps of Latin America that had various arrows of different colors, and the arrows were very thick to show how much stuff was coming up creeping up to our border, and every one of the arrows some would go through the Caribbean some would go to Caribbean and then into Mexico some would come up the Pacific, etc. And one of those arrows stopped at the US border. Because the war on drugs has never really been fought the same way of the US, as it's been fought. We haven't done it with blood and weapons in the United States the way we've asked the transit countries to do it, including the Central Americans all of whom have gotten corrupted in the process, and Mexico, all of them got corrupted so they're huge costs on this. The fact is that the flow is now more complex than before before we had cocaine, and we had opium. We had heroin, and we had marijuana that usually come flowing through these various rivers up into the United States. It's changed now of course with methamphetamines with fentanyl. And things that can be made in labs, often right in right somewhere in Mexico. So that the trade has changed but the fundamental truths of what we're talking about particularly when you're going to be indicting sitting heads of state is that the flow of the of the volume of coca coca base, or coca paste and cocaine. The flow has remained largely the same despite our investments in at least $10 billion in plan Columbia. And then if you look at the Mexican part Medida, which projected somewhat down into Central America, another billion or two who knows how much that the flow has been the same. The same maps that we had back in the 1980s probably would show the flow now. Some of this stuff would go. Yes, some of the stuff does go through Venezuelan border areas, but most of it does not. Most of it does not. And as I said, the vast majority of it does not. The vast majority of it. Do not. In most countries, such as Honduras, the United States is still backing the sitting precedent whose brother was was prosecuted successfully last fall for narco trafficking. I had a prosecutor and I was an intelligence analyst not a legal case builder, but I would think that the legal case builders the ones who were funneling information to prosecutors could put together a lot stronger set of arguments about Juan Orlando involvement. And then you can Maduro's personal involvement. Now, could Maduro, like any president, his predecessors, even before Chavez, they'd be held responsible for for things that happen in the border area, particularly corruption involving local officials. Technically, morally you could hold them that but that's not indictable sorts of behavior, but most of the drugs have never come through Venezuela, this so called cartel de solace that is being used being trumpeted in the in the indictment documents. No, no serious analyst that I know of outside of government I don't know what they're saying inside of government right now. But no serious observer today would say that this is that there is such a cartel. It's a vehicle of convenient way of pegging a name on something that's almost impossible to verify and therefore you can get away with saying in public. So it's very, it's very nerve rattled. It's very nerve wracking that we have these very precious analytical tools intelligence tools analytical tools prosecutory tools. We have grand juries we have all of these mechanisms that are supposed to be above politics, but seem to basically be used to make a political point as a broader policy of one particular administration. So, with that, I will let you go, you've given us 36 minutes of just fascinating information and a terrific conversation and I'm so pleased and honored to have met you and I hope that we can come that you can come back and we can explore different issues related to US foreign policy in the hemisphere as a whole Latin America and the Caribbean specifically. And I look forward to, to another conversation with you. Okay, my pleasure. Okay, thank you so much. Thank you.  And so I will just let the reviewers just know I posted a few things in our, in our chat there's an action posted at code pink dot org. It's actually code pink dot org slash Venezuela underscore charges it's a sign on letter that we would encourage you to to add your name to to retract the indictment against Venezuelan President Nicolas Maduro and to attract and to retract the indictment based on on much of what you heard this afternoon regarding the manipulation of US foreign policy tools to affect regime change in a country and we've seen this multiple times throughout the Americas. With the United States, and also please join us next week, Wednesday, 12pm Eastern, 9am Pacific on what the F is going on in Latin America, and one other thing that you can do educational tool that I would encourage you to do is to listen to code pink radio every Thursday 11am Eastern 8am Pacific on WBAI out in New York City and WPFW out of Washington DC that's a live show 11am Eastern and 8am Pacific. Okay everybody thank you so much for joining us this afternoon. Thank you for your patience with some of my technical glitches on the at the 12 o'clock hour. I look forward to you joining us again next week. Thanks a lot. Bye bye.


Hey there friends, thanks for checking in at the range today, and here we've got the Stoker STR 9F F for full size. This is a new release for 2022 it has a 4.7 inch barrel and 17 round mags They also have a flat face trigger which steps away from the other Stoker models It's more of a rounded trigger. I'm measuring it at five and a half pounds With a very short reset nice ergonomic feel budget priced MSRP 329 I have not shot it yet. It does have metal three dot sights a loaded chamber indicator bar on top of the slide a Full pick rail for the accessories nice grip texturing 117 round mag interchangeable back straps one with that 329 MSRP all steel guide rod a Nice option a budget price option with a full-size handgun Approximately the size of a Glock 17 Let's go ahead and take a few shots. These are my first shots with this gun We'll start with a center hold and we'll start with the top All right, so the center hold work and that's why I said that you know sometimes You know, I've got more than just this out here today and they all hit a little bit different So those were my first shots not with STR 9 but with this particular one the STR 9 F now 329 to great price. There's no doubt about that, but Includes one magazine and one back strap people say where do you get the mags check the site? They have them on their site right now Check out that trigger guard. It does have an undercut in the trigger guard slight finger grooves not even I wouldn't even say I'd say those are bumps. I wouldn't say their grooves Front serrations and they're known for deep cut serrations See those forward serrations pretty deep cut and it does bevel out or bevel in the front of the muscle there But overall not bad That was ten shots Not bad. I love full-size handguns. I have quite a few including 1911's There's something about a full-size handgun. Well, I'll tell you what that something is accuracy You definitely get better accuracy with a full-size handgun All right I am not saying anything that hasn't been said before But it does increase your shooting confidence at the range So if you're going through a period where you're having trouble with your accuracy And I'm not talking small little groups. Okay, I don't consider myself with that You know this right here is combat effective if it hits the body if you need to and so If you're struggling at the range get a full-size handgun Get that confidence down and then try it again with something smaller Easy disassemble. All right, it breaks down same as a Glock. It does have those takedown levers Off comes the slide. There's your steel guide rod single recoil spring 4.7 inch barrel and pretty beefy rails right there All right, so they you know, it's made turkey some people asked me that I Said where's that maya said it's in Turkey. So That's what's going on there, but I like that flat fates trigger I think Stoker did a nice job with that and overall a pretty now You know, that's those are my first two mags, and I think I shot it pretty well Let's see if the str9f Will charge when forcing a mag in the well and unlike Well, that was That was really stuck there Let's try that again At that time it did most polymer frame Handguns will do that how about lip risk test and A little issue there Trying to figure that out. I don't think it ejected Perhaps it did it did not Let's try it again and that time it did not chamber all right These things happen all the time remember a whoop the Gundam style and There's another did not chamber you go ahead and Get that round out All right All right, so I guess it did a little better as we went along some people mentioned to me that their str9 Mag did not drop freely That drops pretty freely now. It's been a couple years now I believe it was 2019 where they came out with the original str9 I got a hold of one of those and I got the str9 compact And I didn't see a great difference, you know 4.1 inch barrel I believe in 3.8 inch barrel 15 round max Oh, I still have the compact and now I have the str9f. I like the way it fires I have to say I think it's a pretty sharp looking gun and I certainly Like the price MSRP 329. I think it's a fine gun for that price I'm not trying to sell you on it. Just letting you know what I have What I'm showing off and that's pretty much what making videos is all about if you like videos like this Please subscribe and share. I always appreciate thumbs up button Thanks for watching and you guys be safe


Jerry you're not a 20-something young thruster, what's the appeal of the target? I've been involved in target from day one I'd had a lot of experience in track racing, circuit racing over the years and Mike John got me to come on the original committee and yeah I just fell in love with it as soon as I was and got involved. Choice of weapon a 635 we used to see quite a few of them around circuit racing or street circuits why that why is that the choice here? I was involved with the 635s in the in the mid-80s I worked on Kent Baygents Group A 635 and then the JPS 635s loved the cars fell in love with them I'm a real 635 nut I guess you could say. Reason to be well balanced but a little heavy aren't they? Very heavy yeah we that is the issue is weight weight is a big issue. Just tell me a little bit about this and what you've done preparation wise. This car is actually a new car we built last year it's an M6, it's a twin cam, the other car I had was a single cam, it was a complete new build, it was a shell, it was an interesting story because my wife and I owned this car 20 years ago as a road car and we got it back off the lady that we sold it to and turned it into a race car. So who came up with the graphic design? Well that was my stupid idea it was a great idea at the time but once we started picking all these squares off with tweezers my wife and I it wasn't such a good idea. And what are your aspirations for the event? To finish we always go into this event to finish it's it's five days and you have to finish you know it's no point being the fastest guy on the first two stages and ending up upside down in a padding. So there's no red mist? No red mist but me no no we drive it hard and fast but well within ourselves.


From around the globe, it's theCUBE with coverage of SousaCon Digital, brought to you by Sousa. Welcome back, I'm Stu Miniman, and this is theCUBE's coverage of SousaCon Digital 20. Happy to welcome to the program, Vicente Miranda, who is the Vice President of Offer Management of Enterprise Linux Workloads on Tower. Vicente, pleasure to see you, thanks for joining. Hey, Stu, thank you for having me. All right, so we know that Sousa lives on a lot of platforms. We're going to talk a bit about application specifically, primarily SAP, give us a little bit, Vicente, about what you're working on and the relevance to the partnership with Sousa. Sure, absolutely. So for the last five years, I've been responsible for offering management that IBM focused on solutions that live on IBM power systems. In particular, we started with SAP HANA and obviously SAP and Sousa, with their fantastic relationship, kind of was a big part of that and continues to be as we have grown the platform for the last five years. Excellent, so yeah, I mean SAP, of course, critical workload, being SAP, go through this information. So help us understand what work needs to be done to integrate these things, make sure that companies can run their business. Yeah, I think primarily as clients are going to, they're making their transition from a traditional type of an ERP, CRM and even BW type of workloads, they're looking for a way to make those transitions really get into the whole digital transformation and all of the spaces of being able to leverage technology in a way that creates value for the client in almost real time. But they want to do it with technology partners that are going to enable the client to do it with minimal risk, with high flexibility and with partners that are there for them to kind of in some cases do things that are not necessarily all supported or ready to go yet, but really giving the customer the ability to adapt to things. And when we started with SAP HANA, as I mentioned, the customers in the market who were doing HANA on X86 platforms were limited to a certain set of capabilities, certain set of support statements and things like that. And a big part of that was bare metal implementations which still to this day kind of remain the most popular way to deploy HANA in an X86 environment. But when we got together with SUSE and with SAP and we started the partnership around HANA, the thing that became very clear was that customers needed flexibility. They needed to be able to adapt to changing environments, changing very interesting challenges that they were trying to tackle with these HANA projects. But the capabilities of the servers that they were using were not allowing them to have that flexibility. And then even if SUSE was trying to do certain things and give some flexibility to those clients, if the infrastructure cannot handle it or vice versa, it's really just kind of a one-party trick and it doesn't work. So the focus with SUSE almost from the beginning has been on co-innovation. And we've been able to accomplish really amazing things together with them and SAP, things that just could not have been possible without that very strong collaboration. And one of them that is very recent is shared processor pools, right? In a world where HANA has deployed bare metal systems, power, IBM power is always doing virtualization. And together with SUSE, we were able to come up with the solution and with SAP obviously that allowed customers to share course in a virtual way across many HANA instances. So completely revolutionizing the TCO and the ROI for clients who are doing HANA without trading off any of the resiliency, any of the performance and everything else. So that's the balance I think that a lot of these customers are looking for is flexibility and better returns, especially now more than ever, without trading off all of the things that they need for an S for HANA project for any RP or a BW project. Yeah, you talked about the flexibility and the returns that the customers get on this. I wonder if you step back for a second. Where is this hitting on a CIO's priority list? What is chain in today's cloud era? Couple of weeks ago, IBM think was going on, heard a lot about customers, how they're going through their journey in the cloud. We know there's a lot of options there. So SAP solution specifically, there's a lot of ways that we can do this. So how does a CIO figure out what's the best solution for their skill set and the technology partners that they work with? Yeah, I think at a high level, what the CIOs are facing nowadays is kind of, it's a good time to be a CIO, I think, because you get a chance to have a broad range of deployment options without having to trade off on the feature. I'm sure some CIOs will disagree and will say there's plenty of other challenges that are making their life complicated. But if we just focus on the fact that you can deploy HANA, you can deploy it in the cloud, you can deploy it in hybrid mode, you can deploy it on premises, and the largest then, and especially with our capabilities and together with TUSA, the CIO doesn't have to make a choice on trade off of things that they have to lose if they make one or the other. I think that is what helps them to feel comfortable about going to SAP and being able to adapt. If a project becomes too large or the data transfer requirements become complicated or too expensive, it's easy enough to bring it back and to maybe leave that task in a cloud or move the rest of the production environment to on-premises. But through a number of partnerships that we have done over the last few years, there's a number of very large MSPs and CSPs, including SAP HANA Enterprise Cloud, HEC, and very soon IBM Cloud as well, who can provide all of these capabilities that TUSA and I empower allow for a HANA deployment to be done in a cloud. But from our perspective, even though I'm a hardware guy and some people may think I only care about on-premises business, the reality is when a customer says or a CIO as you were asking, when a CIO is trying to make a decision, we don't want that CIO to be thinking they have to make a decision between IBM supporting them only if it's on-premises or only if it's on cloud, we can do both. And they don't have to do, it's not a hard trade-off to decide, you can start with one, you can go to the other one, we can have capacity for them like we're doing with SAP HEC today, SAP HANA Enterprise Cloud, they're using Power 9 technology. The customer has benefited in regardless of weak deployment option, they can, they choose both with SUSE underneath it. So it's, I think we're trying to make it simpler for them to make those choices without infrastructure becoming the sticky point. Yeah, and you talked about the support that users can get, of course, from IBM. At SUSECon, a lot of discussion about the community there. So, what can you tell us about, I mean, you've got thousands of customers that are running SAP HANA on Power, how do you help them rally together and be part of it? Yeah, so you and I have known each other for a while and I think when we started working together at a prior company, it was around community practice and the organizational network and social network. A big part of what we have done is just kind of going to that same approach of just connecting people with people, right? Connecting people from SUSE with people from IBM with clients and trying to foster valuable interaction between those clients, whether it's that tech you, IBM tech you, conferences, SAP TechEd, SUSECon, you name it, we're always kind of looking for ways to bring people together and I'll put in a plug for a client entity, a client council called the SAP Power Customer Council, which is a group of clients that decided on their own to get together and bring other customers who are doing SAP deployments on AIX, on Linux, obviously with SUSE and HANA and come together once a year, we also kind of have almost monthly interlock and workshops with them, but that is one way where the SUSEFO, IBM Power, SAP development all come together with a whole bunch of clients and they're giving us feedback but also identifying things for us to work on next. From a support perspective, as you said, we have thousands of clients nowadays and the really fantastic thing has been very few issues and the issues that we have had, SUSE, SAP and IBM all three of us together have been able to resolve them to the customer satisfaction. So it just kind of demonstrates that regardless of where something is invented, SUSE with SLAS, SAP with HANA, us with our hardware and our hypervisors, when it comes to the clients, we all work very closely together to their success. Great, those feedback loops are so critically important to everyone involved. I guess last thing, maybe if you've got a customer example that might highlight the partnership between IBM and SUSE. Yeah, there's a number of them and we have, I think it's over 60 public references together with SUSE of clients who are doing SAP HANA with SUSE on power. But a couple of that come to mind, obviously Robert Bosch is a fantastic client for all of us and a fantastic partner and they've been with us almost from the very beginning together with SUSE and together with us and they helped us to identify early on some things that they would like to be able to see supported some capabilities that they expected to be able to have especially given that Bosch had a strong knowledge of IBM technology, IBM product and they wanted to be able to apply some of the same capabilities around life partition mobility and large size L-bars for HANA and things like that. And they worked very closely with SUSE and with us and with SAP to not just give us the requirement but really help us to identify, okay, how should this work? It's not just creating the technology and adding more and more feature, but how do we integrate it? How do we integrate it into Bosch who have created a fantastic provisioning, self-provisioning type of a portal for all of their, all of their clients, all of their internal entities around the world. That was really cool and it really kind of helped us to highlight how we could integrate into tools, monitoring, recording, et cetera, that our clients have. Another example, if I can, is Rishwan, Rishwan International based in Geneva, luxury brand and Helget Alturad who was the director of IT at the time kind of came to me and gave me a challenge. He said, look, I love HANA on Power. I love that we can do all of these things with it. But I really would like to be able to share processors across multiple HANA instances. That would really reduce the bill. It would really reduce the cost. And we, you know, Rishwan would be able to achieve a much quicker return on investment than we had anticipated. So he gave us a challenge. The challenge went to everybody. Went to SUSE to us and to SAP. We all got together. And again, with Helget being the executive sponsor on the client side, he really kind of worked with all of us, brought us together and it was a part of the possible type of situation that now is generally available to all clients. And it is thanks to Helget, thanks to Rishwan who kind of brought us together and gave us that challenge. Excellent. Well, Vasate Maratha, great to catch up with you. Thanks so much for sharing the updates on power and partnership. Thanks, Sue. All right, we'll be back with more coverage from SUSE Con Digital 20. I'm Stu Miniman and as always, thank you for watching theCUBE.


Bye-bye t-shirt So sad then you fold either side to the middle and you have yourself cloth face covering It's that easy. Hello. I'm Neil Mosse. Welcome back to the happy hut Usually I am a tight-walled dad Just trying to be happy with what we've already got like these words on the screen say but right now we're in the great shutdown of 2020 and Every day I'm trying to find something new and today it's this so this is Foot as you can see footage of me in little wearing a face mask It's my my first time my first trip to a supermarket with a face mask Obviously there was no one who could hold the camera for me. So I just propped it up on a shelf Walk fast. You'd think I'd be more uncomfortable with that than the wearing the face mask But look at me. I'm getting milk and I'm breathing on a much smaller radius But my face mask is homemade and this is how you make a DIY face mask That's that's the video and if you're looking this up on on YouTube firstly. Hello Welcome say hi in the comments be lovely to hear from you But if you are looking up how to make a DIY face mask on YouTube You've probably been through exactly the same thought process as me if you just want to jump straight to making the face mask I'll put the the time on the screen now. This really pushes a button for some people if Face masks aren't your thing I think it might be best if you hit stop now and I'll see you on the next video But for the rest of us hello, I completely understand why this this really pushes a button for some people and they leave the comments You know, you're not a doctor. Oh, it's not effective in 95 I get it but this video this video is of a doctor in New York He just happens to be an intensive care respiratory Expert as well but he made this video call to his family was explaining that the reason that he wears a face mask is to stop him touching his face and I touch my face all the time most of the day I spend with my head in my hands Here's a photo that a friend took of me at work and this is this is what I look like all the time With my head in my hands So I know from wearing my son's smelly scarf that this is 100% effective in stopping me touching my face I don't need a face mask. I need a head mask I need one of those cones that dogs wear, you know when they've been to the vets So I wanted to do this obviously as lazily as possible and I found this video It's of the United States Surgeon General showing you how to make it all you need is a t-shirt and two rubber bands and here are all my t-shirts Yeah, I know what you're thinking but you know, we did Marie Kondo. We did it a few years ago So that's why it's so neat But we did it a few years ago, which is why there is so many and this is a very sad day Two of these guys are gonna get the chop quite literally, but which two I have three t-shirts that are in Constant rotation. They're not in here right now because they're mother wearing it or it's on the floor Or they've just come out the wash. This one survives doesn't even go into the draw So does this one and so does this one usually I don't like writing on my t-shirts I don't like people reading my chest messy Darth Vader keep Happy computer emoticon thing keep Tour de France thing. I've got a mark on it I'll keep this is my oldest t-shirt. This is an antique. I need to pee for my bungalow I can't cut this up But the thought of having be this on my face is very appealing that might go into the maybe pile Even though it's my oldest t-shirt los polos hermanos from Breaking Bad I haven't worn this for about six months, but I don't think I can cut it up keep Martial arts t-shirt I keep more writing usually I prefer pictures Keep that one. That's definitely got a mark on it Now this is a strange one this is from It's from my infant school when they had a big reunion could because they're demolishing the school I'll put a link to the video up top and in the descriptions. Holy infants. I think this might go into the maybe pile So I haven't worn it for a year. I've worn it on a couple of videos t-shirt with a collar fancy as for my formal wear so the t-shirt is the uniform for my midlife crisis or Midriff crisis Keep I can't tell you what it is. I'm using to choose which t-shirts to cut up I think it's the the Conmarie method the Marie condo method of holding it Feeling if it sparks joy this sparks joy Keep I love this one because my long-suffering wife hates it because it's got so many holes It's more holes than t-shirt rodent food. I love it Now I like this one because it makes me look like Stefan From Saturday Night Live I won't do the impression. Well, I'm good. I've just been up for three days Hey, maybe I should have a shot of me wearing it. I'm good. I've just been up for three days Another martial arts t-shirt keep another martial arts t-shirt keep another martial arts t-shirt keep I'm not sure about this. I got this from from Disneyland. So I like the the memories from it I'm not the slimmest guy in the world, but I like my t-shirts tight. This is a little generous It's just it's just really wide. This is definitely going into the maybe part I've not worn it for two years. It used to have a really good design a row of cartoon gnomes sort of vintage look and A line underneath rolling with my gnomies. It has gone. So all it there is left is t-shirt It feels like cheating, but I think this is definite definite maybe camera labs Check out the camera labs channel at the top Gordon Lang. See I bought your merch I couldn't cut this up. Well, it'd be extra advertising for your channel All I want on is a perfect camera. Oh, no, it's the wrong channel I've got three of these. I used to go jogging in them It's the late show the late late show with Craig Kilbourne for me the best late late show Sorry to all the other hosts and it had the best merch So I bought a second one and then I bought a third one definite keep I might start jogging again one day Which leaves this it does not spark joy anymore. It just leaves me cold Quite literally, I suppose I could make a mask with the graphic I can't wear it with the words because it would just say old old what I do like the faded blue Definite maybe you know the real problem about putting videos on YouTube is that sometimes you feel like you you You might be sharing too much that I think I just shared So this is the final shortlist the deadly five look I've got paint on it So that's the door's keep it's that way I don't think I could wear that on my face. That'll be keep But not for any good reason I don't want a white mask because I know what state it's gonna look like There's no way I'm gonna keep this white so it's in the key so that leaves rolling with my nomies and This I did it. So these are the ones. Let's hack them up Hey, I don't know if you're in lockdown as well, by the way But I've not put my wallet in my pocket for about two months So these are the two t-shirts that are gonna get it the first method we're gonna try is from the US Surgeon general dr. Jerome Adams Here's how you can make your own face covering in a few easy steps with items you can find around the house Oh my goodness, look state of me up against that Or you can make a face covering out of an old t-shirt fold it to the middle from the bottom Fold it to the middle from the top Fold it again to the middle from the bottom. Look it's folding Look at mine Now the great thing with this method is that it doesn't need any sewing all you need is two elastic bands Which I've got great thing about being British is that obviously we have elastic bands on the pavements Scattered around the country, but I've not picked these up from the pavement. I picked them up from my kitchen drawer It's brilliant. There's no sewing But the problem I had is that if you do it just with the whole t-shirt it sort of looks like this Which is okay It's sort of works, but I wanted to go for something a bit smaller I feel bad enough being in Liddle at all let alone being in Liddle looking like this So what I'm going to do is cut it up, which they don't tell you to do on the video Bye-bye t-shirt. Thank you for your service So sad on the upside I've now got a little crop top So I'm gonna follow the instructions this way so put it sideways Here's how you can make your own face covering in a few easy steps with items You can find around the house like an old scarf a bandana or a hand towel or you can make a face covering out of an old t-shirt Hold it to the middle from the bottom Hold it to the middle from the top Fold it again to the middle from the bottom and again from the top and then two rubber bands One on one side and one on the other side Then you fold either side to the middle and you have yourself cloth face covering It's that easy. I like that. It still feels a bit pudding-y. It just feels a bit large I don't know how to lose the bulk the story of my life I think I need to find a way so it's not quite as bulky. Maybe I should cut the t-shirt in half again Let's try that then cut that half in half again Fold it to the middle from the bottom Fold it to the middle from the top Fold it again to the middle from the bottom and again from the top and then two rubber bands one on one side and one on the other side Then you fold either side to the middle and you have yourself cloth face covering It's that easy That's the one. I can't tell if it's dangling down The only downside with it is now that I've worn it for 30 seconds. My ears aren't coping very well with the elastic bands Maybe if I if I double up the elastic bands, I can't that's gonna annoy me Okay, so I went and got the two Ow extra elastic bands and I might make it a bit wider as well So it's not so far to go for my ears. That feels just right So those are the dimensions. It sort of looks like this About 25 centimeters by 25 centimeters. That for me is the perfect length and if it's too small for you and you've got plenty of t-shirt left to Try again Do you know what? It's much better with the two rubber bands as well So all that's left to do now is to try out in an actual supermarket. Here I am This is me in Lidl. So this is like literally the only place on earth where I can get this thing right now It works out really well, but I just I'm not used to wearing the face mask out in public It feels like you are making yourself The other Especially if you're around people who aren't wearing face masks if you're not that's absolutely fine I just don't want to smell you. That's all and also I don't want to touch my face But you think if I was that worried about not getting it that maybe I'd put off buying pop of domes and pitterbread and some potting cotton post The other this is the other thing as well it feels really rude wearing the mask and I just want to like Pull it down say hello. Anyway, I hope this this video has helped if you want to make a DIY face mask Without doing any sewing whatsoever. And if you want to express your awesomeness by hitting the thumbs up button I'd really appreciate that or say hello in the comments below And if you made a face, but if you copied this yourself if you have let me know how you get on Let me know how you're getting on with the face mask situation because I'm still not feeling entirely comfortable with it and Good luck on your face covered shopping. Can you please help my daddy get 10,000 subscribers? Just click in his face. Thanks. Bye. All right, this is gonna be the proper one, right?


Good day everybody. I am Solma Stain. I am the managing director of SSLR Incorporated. We are a property law firm specializing exclusively in rentals and evictions, which I suppose is a very interesting field of specialization. And I am honored today to share this webinar with you as property practitioners about the things we currently seeing in the industry that might be extremely relevant to you. So the focus of my session today is simply around something that we are currently seeing in the industry. We are seeing a lot of cancellations of lease agreements. And you might be thinking for you as a property practitioner, how does this impact you? Obviously, not just the frustration of landlord cancelling a lease agreement and how does that work? How do you explain that to the tenant and what's the effect on the tenant? Or if a tenant does an early cancellation in terms of section 14 of the CPA, how does that impact you? What does that look like and how should you handle that? Not just that. Actually, more importantly, let's all talk about the bottom line. How does that impact your income?  If the tenant or the landlord does an early cancellation for which ever reason? So let's start at the beginning. I find that that's usually a very good place to start. Let's start at the beginning. What does cancellation look like and why are we currently seeing a lot more cancellations of lease agreements? And what's the reason for these cancellations? So obviously at this stage, the economy is strained. We all know about this. We've all experienced this. And we do know this is not just coming out of COVID and the effect COVID had on our economy, but a lot of other factors. And we can definitely talk about low trading and the effect of the economy on the economy of low trading. And we are currently in a strained economic system. So a lot of tenants will have to cancel their lease agreements because they simply can't afford the rental. Or on the other hand, a lot of landlords cancel lease agreements because they simply cannot afford to hold that secondary property. They can't afford the bond cost, their rates and taxes and things like that. So what does that look like for us? How does this work and what is the impact of this on our situations? Cancellation by the tenant. Very important. This is in terms of the Consumer Protection Act. If the Consumer Protection Act does not apply to a lease agreement, a tenant does not have the right to do this early cancellation. When will section 14 of the CPA apply, this is absolutely crucial to be aware of. There's a perception in the industry, especially under tenants as well as property practitioners, unfortunately, that a tenant can cancel at any time. And it's almost as if the application of section 14 of the CPA goes completely out of the window and people just assume a tenant can cancel early. That is not the case. The only time a tenant will have the right to do an early cancellation is in a situation where, first of all, there must be a fixed term lease agreement in place. A verbal agreement is valid and highly enforceable. Remember, the Rental Housing Amendment Act has not been promulgated yet. So all lease agreements may very well be verbal lease agreements that are equally enforceable. Important to be aware of in this circumstances is if you have a verbal agreement or if you have a written lease agreement and it ran out of the fixed time period and it's now on a month to month basis. Those lease agreements can never be fixed term agreements. They are all periodic leases, they are month to month agreements. So whether there was a lease written agreement in place in the past or whether there was nothing in place, all of this has always been verbal agreements. These agreements can never, ever, ever be governed by section 14 of the CPA. So for the very simple reason that obviously the first requirement for section 14 of the CPA to apply is that it must be a fixed term consumer agreement. This is absolutely essential. It's important to be aware of this. If you now have a fixed term lease agreement, important to know the next requirement centers around the parties to the agreement. There is a misperception in the industry that if your landlord is a natural person and the tenants a juristic entity, in that case section 14 of the CPA will not apply that's incorrect. You will have to look at the landlord in a bit more detail but for safety's sake, and I would apply this across the board. If either one of the parties be the landlord or the tenant is a natural person, so in their personal capacity, rather to save the site and assume that section 14 of the CPA will apply. If it doesn't and there is a situation where the landlord asset value or Hamilton over could be more than the threshold of 2 million rent per annum. Please make sure to pick up the phone call SSLR. You're always welcome to make contact with us. Promise you weren't there for a quick checkup like that. Have the conversation find out before you assume second 14 does not apply. So what I'm saying fixed term agreement and both parties are juristic entities section 14 of the CPA will not apply. Fixed term agreement, either one of your parties is natural person be it landlord or tenant to save the site and assume section 14 will apply only in these circumstances. So only we are fixed term agreement natural person in the transaction. If it's the tenant, it's a given that section 14 will apply. Then the tenant does have this right set out in section 14 of the CPA. If a consumer agreement is for a fixed term and despite the provisions of the agreement to the contrary. So even if the lease agreement says the tenant may not cancel midterm or the tenant may cancel the agreement but only on three months written notice the access we don't care what the lease agreement says. If it's a fixed term agreement, then the consumer being the tenant will have the right to cancel the agreement at any time by giving the supplier 20 business days notice. This is crucial. What we see often is tenants doesn't want to take occupation so he signed the lease everybody was happy. And suddenly when he gets to the property when he's supposed to take occupation he says no, no, no, no what I don't want to take occupation anymore or three months into a 12 months lease agreement suddenly gives a two week notice and he says I am out. I am enforcing my rights in terms of the consumer protection act to cancel the requirements very clear that the consumer so the tenant must give the supplier the land or 20 business days notice. Immediate cancellation or a cancellation on a notice period shorter than 20 business days isn't in terms of this clause. And that means that the land will be able to claim all the damages he suffers without a limitation to that every actual damage that he suffers that he can prove he will be able to claim. It's only in his circumstance when a tenant gives clear 20 business days notice of cancellation that he would be entitled to now only pay the early cancellation penalty. What is this early cancellation penalty? How much? What is the story around this? There is no limitation on the early cancellation penalty. There is no prescribed limitation in terms of the CPA. Industry wise at this stage, average seems to be between two and four months rental, but remember the conventional penalty act gets in and it also says you're not allowed to claim a penalty that is greater than the actual damages suffered. So if you say for instance your negotiation range for your early cancellation penalty is between two and four months rental. Fantastic property practitioners. Please keep in mind that your commission or the pro rated commission that you know that the landlord doesn't have a benefit of that claim is exclusively in the landlord's hands. You as the property practitioner, you have a written mandate, I hope, and your written mandate will now say what happens when the lease agreement gets cancelled. You will be entitled to your procurement train, your procurement commission, but obviously your management commission, you won't be able to play management commission if there isn't a tenant to manage in the property. So your procurement commission is still payable. But by the landlord. So the landlord has to pay it and the landlord now has the right to reclaim that amount that he pay to you as the property practitioner back from the tenant. Whether the money actually exchanged hands or not at the time of cancellation is irrelevant. It's all based on your mandate agreement because at the point of cancellation and we'll talk a lot about that a little later in the session. The landlord must pay you your full procurement commission, even if he didn't have a tenant at that time. And for that reason, he will have a claim against the tenant. So please make sure your lease agreement doesn't say something like the early cancellation penalty will only be one month's rent because what if you can't find a tenant in that month, and there is pro rated commission that the landlord will have to claim. So if you've limited yourself to one month's rent and the damages that the landlord suffer might very well be greater. You will know from the most use, why, why this juice lease, currently in South Africa, you know, that there is typically a negotiation. It's a time period so it says the minimum cancellation penalty and the maximum cancellation penalty. And typically what we completely at this stage is minimum two months maximum 46 months depending on your area. If you're in an area like Cape Town right now where stock is actually pretty low. As soon as the property opens up you have place a new tenant, even if that is the case, make sure you don't say one month minimum one month and a maximum of two months that limits your yourself too much. Rather than stick to something like a maximum of three months, but still keep your minimum at a minimum of two months. So even in an area where stock is moving very slowly and there's almost an oversupply of rentals of rental properties. Leave yourself some negotiation room well the landlord some negotiation room, and rather say a minimum of two months early cancellation penalty and a maximum of six months because the landlord is entitled to claim the full damages that he is suffering due to the tenants early cancellation but limited to the maximum cancellation penalty that we agree to in terms of the lease agreement very important in this conversation is the early cancellation penalty that does deal with things we need to consider and things we need to keep in mind in determining what a reasonable early cancellation penalty would look like. Importantly, if the lease agreement says we agree that this early cancellation penalty is in fact a fair penalty and we give it a negotiation range. The chances that somebody could come back and say no no no but that's not fair would be silly because the tenant agreed this scope two to four months or two to six months would be a reasonable scope. If that is the case, obviously the tenant won't be able to say but that wasn't reasonable you agree at inception of the lease agreement that that would be fair. You invoice this early cancellation penalty at the point of cancellation but remember the tenant is liable for all the costs up to the point of cancellation so he's paying ring during the notice period the notice period even if it's longer than 20 business days. The tenant is still liable to pay rent during that time period. The cancellation penalty is only charged at the point of cancellation so even if it gives two or three months rent notice and he still has to pay rent in that time. It doesn't mean that he doesn't have to pay the early cancellation penalty. It does mean that the landlord has a longer time period to mitigate these damages and the landlord does have an obligation to start marketing the property immediately when you receive the notice. But a longer than 20 business days time period does not take the tenant's obligation to pay the early cancellation penalty away. If, say for instance, the tenant gave two months notice and he paid rent during the notice period at the point of cancellation. The landlord invoice or the property practitioner invoice for the early cancellation penalty, but you are able to place a tenant immediately when the previous tenant exits. In case the landlord's damages would be less, but he will still suffer damages because he had to pay procurement commission for the entire time period. So you can't claim the new tenants placement commission from the exiting tenant, you're going to claim the full period procurement commission for the exiting tenant, but importantly, yeah. Because you were able to place a new tenant landlord's not going to suffer a loss of income so you can't claim those months rental. But what you can do is the pro rated procurement commission that the landlord paid to the property practitioner that can still be deducted and the landlord will have to refund the tenant from the early cancellation penalty for the time period. That he actually doesn't suffer damages so you only allowed to claim the actual damages suffered, whether that's loss of income, whether that is procurement commission pro rated procurement commission where you didn't have the tenant. Actually in the property for the commission that you paid. It's important to know that even though you're able to place a tenant as soon as the cancelling tenant exits the property, the landlord will still suffer damages and he is very much allowed. To claim that you won't claim the loss of income, but he is entitled to claim the pro rated procurement commission. So that's cancellation by the tenant was a long heavy part of the session and if you think that was long and heavy, watch this part coming your way now. Cancellation by the landlord. So there's a massive conversation going on in the industry right now around, can a landlord cancel a lease agreement matter. Yes, most definitely can. Section 14 of the Consumer Protection Act does not say that a landlord may only cancel a lease agreement should the tenant be in breach of the agreement. A landlord can only cancel in terms of section 14 of the Consumer Protection Act when a tenant is in breach of the lease agreement that is very true and the landlord will have to give the tenant 20 business days to remedy his bridge. And only if the tenant doesn't with the landlord be allowed to cancel that lease agreement. The landlord can't give a tenant 20 business days notice of cancellation when the tenant already remedied his bridge. Most definitely I agree with that 100%. But there's another act with that's very relevant. And that is the rental housing act. The rental housing act and the Consumer Protection Act runs side by side and it governs different elements of our transaction. Yes, section 14 of the CPA says when a tenant is in breach of a lease agreement. This is the way we need to handle that situation need to give him 20 business days notice to remedy his bridge before we can cancel very important. However, we do have section four subsection five subsection C of the rental housing act. Very important guys please keep in mind these acts. They they're not contradicting one another not at all. They just catering for different scenarios in this particular instance. This is a scenario where the landlord will have to cancel the lease agreement. So during the subsistence of the lease, when the tenant is not in breach of the lease agreement for a few specific reasons. Now, the reason why the rental housing act does this is, yes, a tenant wants to be in occupation of a property for a very specific time period. It's very important that he does have the right to remain in occupation for that time period. But the latest later, recognize the need for a landlord to sometimes be able to cancel that lease agreement, even in a situation where the tenant is complying with his obligations. The next tenant you've ever seen, does the maintenance look after the property perfectly pays his rent on time. Everything is perfect, but there is still a need for the landlord to cancel this lease agreement. And he can, even if section 14 of the CPA applies this piece of legislation applies at the same time it's not contradicting anything. It's not contradicting the CPA and it is very much not contradicting the principle of your hot foot clip, which by the way is still very much an enforceable legal principle where it says, when there's a lease agreement in place a property gets sold on transfer from the landlord that is very much still a very recognized thing in our law. It's common law principle so you can contract out of that. It's not the wisest thing to contract out of it because you do have section 45C of the rental housing act catering for a situation where the landlord has a lease agreement midterm. So section 45C says the landlord's right against the tenant includes his or her rights to and you will see from sub section a all the way through to e deals with these rights that it landlord has against the tenant. Remember section five of the rental housing act deals with the relationship between the landlord and the tenant. This one specifically deals with the landlord's rights against the tenant. And it says that the landlord has the right to terminate please note the word terminate not cancel yet this is very relevant. Section is usually on the back of bridge termination is this brings this lease agreement just to an end calmly and peacefully. The landlord has the right to terminate the lease agreement is in respect of a rental housing property on grounds that do not constitute an unfair practice, and are specified in the lease. So two requirements that we see. First of all, if this provision is not in your lease agreement if the lease agreement does not allow the landlord to cancel the lease agreement during the subsistence of the lease, the landlord cannot rely on this particular clause. If the tenants and please property practitioners ensure that your lease agreement does contain a clause that allows for cancellation by the landlord, even in a situation when a tenant is not in breach of the agreement. Very importantly now it says the reason for cancellation may not constitute an unfair practice. The landlord may never cancel a lease agreement in a situation where he just wants higher rent or he just doesn't want to follow the correct process to get a nonpaying tenant out or he just doesn't like the tenant whatever the case might be. The only real reasons that would not constitute an unfair practice would be in a situation where the landlord has to sell the property. He would not be able to get the purchase price that he needs if the tenant is in place so it might be a property that's not in a high investor area. And it is actually a property that has to be sold as a primary residence. In that situation there is very good grounds for the landlord to cancel or in a situation where the landlord will have to take occupation of the property. But for instance it's a couple that had two properties they were married they are going through divorce one of the parties will have to take occupation of that property. The landlord had multiple properties and he can't afford it something bad happened economy hit him in the wrong direction and he has to take occupation himself of this property. But this reason is real it does not constitute an unfair practice. The landlord would have to write to cancel the lease agreement met him, even with a tenant is not in bridge these two pieces of legislation is not contradicting one does not take Christian over the other the consumer protection act does take Christian to other legislation but these two pieces of legislation are in contrast. One deals with cancellation with the tenant is in bridge and the other deals with the landlord's right to cancel the agreement, even when the tenant is not in bridge so I hope that makes sense. And very important you will note from this piece of legislation, the Act does not give a specific time period so it's crucial for the parties to agree to that. I personally feel it's fair and reasonable and reports seem to agree with me on this one on two months notice, but please be be mindful of the fact that the Act does not require a specific time period. Your lease agreement must must must must cater for that property practitioners, please keep in mind, if you remove a clause that gives it in a landlord this right to cancel the lease agreement. If you do not have the conversation with the landlord you do not get an instruction in writing to remove that right from the landlord. It is unfortunately unprofessional conduct, because you are mandated on behalf of the landlord you representing the landlord. For the property practitioners access we need to consider the rights of both parties. That doesn't mean we can take a right away from one of the parties, especially the party you're mandated by without the landlord's written instruction. If you do that and the landlord has to cancel and he can't because you have unilaterally removed that clause. Unfortunately, that is definitely unprofessional conduct to be very mindful of this. But why is this relevant. And what does this look like to you and your commission as a property practitioner. The effect of sale or cancellation on your mandate agreement as much as the principle of your heart for quick says that the lease agreement continues to remember you as the property practitioner is in fact not a party to the lease agreement you can never be as much as your lease agreement need to warrant that you do have a valid ffc in terms of section 67 of the property practitioners act. You're not a party to the proceeding you're not a party to that contract. As much as the lease agreement continues the mandate agreement unfortunately doesn't. Soon as the property is sold. The purchase that may now elect to terminate a well that the mandate will automatically terminate, but the purchase and may elect to remand eight you, or to not mandate you or mandate a random other agency is 100% entitled to that. If your sale agreement or your lease agreement forces the purchaser to keep you on on a management mandate. Unfortunately, that is unenforceable and at the best of times, contrary to so so many laws. So, the purchase is very much allowed not to mandate you mandate his own agent or manage his own property. Very important. When a lease agreement is cancelled obviously you, you were paid you supposed to have been paid your procurement commission at the time of inception of the contract we know that very often property practitioners absorb the procurement commission into the the management commission into the procurement commission or procurement commission into the management commission guys, I am begging you, mandate agreements, long disputes around shouldn't be inviting shouldn't need only soul mandates. The truth is, this is the basis of your relationship between you as the property practitioner and the landlord. If you do not have this document in writing. It's basically relying on somebody to pay you without actually having an agreement governing that it's important guys to have your mandate agreements in writing, whether we have this argument around, does the act require us to have it in writing or not. It's irrelevant. It is your income to salary and to be honest, I wouldn't be working for a company if my employment contracts not in writing. So I don't know about you, my mandate agreement. The property practitioner would definitely be inviting. If you have this, and you have procurement commission and management commission and you absorbing one into the other. Please make sure that you quantify your procurement commission why on sale where your mandate gets ended on cancellation of the lease agreement where your contract strictly ends. If you've absorbed one into the other, you won't have a proper clear claim against the land. The landlord without that claim doesn't have a clear claim against the tenant on cancellation. That's a very important cost. If you have a placement fee procurement fee, and you have a management fee, and you say to the landlord don't worry Mr landlord you don't have to pay that fee. You just pay me a monthly management amount. Please make sure they have a special condition in your mandate agreement that says, if this mandate agreement comes to an end for whichever reason, obviously, unless you as the property practitioner manage of the agreement, very important to keep in mind that you need to be able to say, if this happens, and my mandate comes to an end, you Mr landlord will have to pay me my full procurement fee.  Every renewal, I am entitled to my renewal procurement commission. If you don't have that in your mandate, you won't be able to claim that money from the landlord. Yes, you would. It's easy enough to prove effective course. But do we really want to litigate on these things? Doesn't make sense at all to go to court just because you can win something in court. Doesn't mean it makes financial seems to go through a two, three year litigation to prove that you were entitled to this, whatever the amount is claim on sales. It makes a lot more sense on rentals. Guys, let's be clever about this. Keep our mandates in writing. Make sure that when the lease agreement comes to an end for whichever reason, when your mandate comes to an end for whichever reason, you have actually secured your procurement commission. And you will be able to carry on collecting that money from the landlord for the work that you've done because the work that you've done was to bring this relationship into being between the landlord and tenant, and you are most definitely entitled to your commission on that. I hope I have touched on a few important points for you. I really hope that it's of value to you. And I really hope that thinking about our mandate agreement, thinking about how we actually make money as property practitioners, that it is not just fair and reasonable to the landlord, but to you as well as property practitioners, you guys work extremely hard. And there is no reason in this world for you not to be entitled to collect your reasonable commission, even in a situation where the tenant or the landlord cancels the lease agreement, or when the landlord sells the property, and sorry, low shedding, and in a situation where you are then in a position where the purchaser doesn't carry on with the mandate agreement, you should be entitled to collect that money for the work that you have done. Like I said, I am still not staying from SSLR Incorporated. We are always there for the industry, very happy to help pick up the phone, contact us, if you have any questions, we are there to support the industry. And I hope you guys have a lot of happy rental stories coming out of this. Have a fantastic day.


Hi everyone Sean with jaspys case breaks comm here doing 2019 Panini National Treasures football four box case break random team number nine All-card ship awesome stuff full case looking for Kyla Murray's DK Metcalfs and all the other good stuff. So Here is the list of customers From Chris Lore down to Jason Boniat's and And list of teams from the Cardinals down to the Washington football team dice world randomized both lists and pair them up six to six twelve times 12th and final time from Anthony Venturino down to Omar Zahui 12 times on the randomizer 12 times on the dice and 12 times on the teams 12th and final time Carolina Panthers down to Buffalo Bills 12 times on the randomizer 12 times 12 times on the dice Anthony Venturino with the Panthers Pete Olicio with the Packers will hash with the Lions Kong Lord with the Ravens Nick Prudzillas with the Bengals Alex Volosakos with the Vikings Pete Olicio with the Steelers Chris Lore with the Cardinals Kate Shiong with the Raiders Steven Lee with the 49ers Eric White with the Jets Dustin Hussie with the Texans Joshua Cherry with the Rams will hash with the Falcons Journey and Dickson with the Bears Chris Lore with the Patriots Joe Lala with the Giants Shannon Rex with the Chiefs Leaf Wolf Graham with the Saints will hash with the Colts journey and Dickson with the Cowboys Joshua Cherry with the Broncos TJ Poyer with the Seahawks Martin Klaus with the Washington football team Jared Corfage with the Dolphins Nick Prudzillas with the Chargers Gregory Judtkowski with the Browns Greg Bynan with the Jaguars Chris Lore with the Eagles Jason Boniat with the beckoneers Nick Prudzillas with the Titans and Omar Zoe with the Bills That would be it'd be second year, but still not too bad so trade window is open because this is 2019 2018 is a is Lamar rookie I'll give it about a minute on the trade window guys and Then last discount on break today for Joe. Thank you again Another 15 seconds or so guys You might rex you also got hard been in there Two years in league two Super Bowls Jernigan's offering up the Cowboys if anybody would like to make a play on that Nick it depends. We had fillers.  I Think it was like 230 a spot Jernigan doesn't look like anybody is going for Cowboys, so we're gonna go ahead and go once go twice go three times trade window close print rip so Try to trade couldn't trade mojo for Jernigan and the Cowboys So here is our case. I guess a couple people are offering up a couple. I'll I'll either Jernigan if you want to do either of those trades. I'll all accept those It's late night and we're just letting things go So you either have the bills for Cowboys or Rams for Cowboys options Jernigan if you want those But you got until the time that I get these boxes here on the table So Jernigan says he'll do bills Omar are you good with that last chance Omar? Speak down forever hold your piece Cool. There you go. We do have one trade So Nick Cam you can see the box is still there. So we had one trade bills Omar out into the Cowboys Jernigan out of the Cowboys Into the bills trade window closed There you go. Cool. There you go. Let's help all of them Con so here is the final list guys You've got trade window or trade for Omar Jernigan First up Nick foals five out of 99 for the Jaguars Greg Bynan Sterling Shepherd five out of 87 for the Giants and Joel Lala Derrick Brooks 64 out of 99 all-timer Buckethears Jason Bunny up Miles Garrett 13 out of 25 two-color patch for the Browns and Gregory Judkowski Gino Atkins six out of 49 Relic for the Bengals Nick Crizzellis no longer a bangle. I believe right quad relic looks like all Packers Aaron Jones Marquez Valdez scantling Aaron Rodgers and Devonte Adams 11 out of 99 for the Packers Pete Alysio our first auto of the break Mack Wilson rookie auto 26 out of 51 for the Cleveland Browns and Gregory Judkowski Miles Sanders rookie auto 23 out of 49 for the Eagles Chris Lor You should have a big year this year Austin Eckler 42 out of 49 for my Chargers Nick Crizzellis Hopefully you can have a fully complete year this year and NFL gear Damian Harris triple relic auto nine out of 99 For the Patriots Chris Lor Jason would definitely like that. It looks like a thicker box here Hopefully got a really big patch NFL shield, maybe it's okay AJ. That's why we got a full case We got a booklet Jamal Adams 33 out of 99 Jersey number Jets addition Eric White Travis Kelsey six out of 25 for the Chiefs Shannon Rex Jordy Nelson 22 out of 99 for the Green Bay Packers Pete Alysio Kirk Cousins 42 out of 99 Vikings Alex Valasakos Bryce Love 64 out of 99 Washington Martin close Nice one here rookie Josh Jacobs Little bit of laundry tag two color patch on top four out of five for the Raiders and Kate Shung nice low number relic there Tarek Cohen seven out of 49 Jersey and auto for the Bears Jernigan Dixon That's right. I do have the Do you have that train whistle at my my ability Alexander Madison one out of 99 dual relic and auto for the Vikings Alex Valasakos Another one Charles peanut Tillman One out of five another one for the Bears Jernigan Dixon out of five gets the train whistle All aboard the big hit express Kyler Murray Rookie jumbo auto Wow There we go three-color patch auto Kyler Murray airs under Cardinals Chris Lord. Well, that's pretty nice. That's pretty good That's pretty good congrats, dude I'll that'll go into this nice case right here until I have to take it out for pictures You got them in pretty good That's pretty pretty good. We got another thicker one here Yeah, Hopkins AJ Green. He's sleeping Well, you guys will have to let him know what's going on AJ can't have a burrow RPA in this wrong year. There's Chris. Congrats, dude This is 2019. So Kyler Murray rookie here Bob Lilly 48 out of 75 for the Cowboys Omar Did Chris not see it Nick chubb six out of 24 For the Browns Gregory Jed Kowski. He's a he's in the chat now Kong Baker Mayfield 49 out of 99 for the Browns Gregory Jed Kowski nice triple relic here 10 out of 25 Dak Prescott Tony Pollard Amari Cooper Two color patch two color patch two color patch 10 out of 25 for the Cowboys trade mojo Omar Amari Cooper 53 out of 99 for the Cowboys again Omar other trade mojo bills Josh Allen Devon single Terry Cole Beasley 89 out of 99 Jernigan Dixon drew sample rookie Otto 76 out of 89 For the Bengals Nick Crazillas nice another rookie jumbo booklet David Montgomery for the Bears Jernigan Dixon Nice patch two colors and Otto there you go Jernigan I'll grab a booklet for that one as well booklet holder We got a redemption here And Nice three color patch and Otto No offense nine out of 99 for the Denver Broncos Joshua Cherry there you go Josh. He should have a big year this year if they are if if the Denver Broncos can bolster their offensive line and give Drulonk some time Broncos should do pretty decent next year We've got rookie signature RPS card number four D EW Drew Sam drew lock Also for the Denver Broncos Joshua Cherry You still got another six months to redeem that as well Don't wait just get it in there Back to back so hopefully this connection It was really good for you next year and last box Good luck guys best for last We'll see Exactly Fint is great Roger Stobach 20 out of 75 for the Cowboys trade mojo again Omar. I believe so Adam Joe's handling all the orders and stuff right now Nick chubb 16 out of 24. We had six out of 24 earlier. So Now you got number two Two out of the 24 in there all Sean Jeffery 62 out of 99 Philadelphia Eagles Chris Lore Upside down To color patch three color patch will fuller 44 for out of 49 now in Miami. I believe That's for the Texans Dustin Hussie Jumbo relic Joe Mixon 32 out of 99 for the Bengals Nick crids illus. You got a randomizer here Cowboys Tony Pollard miles Sanders Eagles 71 out of 99 Cowboys is Omar Eagles is Chris So I'm gonna randomize that between those two teams at the end of the break Auto drew sample 30 out of 99 for the Bengals Nick crids illus Two-color patch Otto Bryce Love Four out of ten nice low number there for Washington and Martin. That's good That one's gonna have some crazy stuff come out of it Josh got another redemption here Easton stick rookie patch Otto's 62 out of 99 Personal friend actually not really personal friend, but I met him multiple times and it's a nice guy Four-color patch Otto Chargers Nick Chris Dillis. I Personally really like him too. It's not the starting quarterback for the Chargers But he's definitely our backup quarterback, and I like the guy And he has got a great name and the last hit Prime pairings. So this is a dual autograph card number two Do a lot of rookie quarterbacks look is this your Lamar Jackson? M a Kong are you here?  Marquise Brown Marquise Hollywood Brown and Lamar Jackson. That's Baltimore Ravens. No randomizer Going right to Kong. There you go, buddy. Congratulations, man Rookie Marquise Brown Second year Lamar Jackson. No randomizer, buddy Congratulations, dude That is cool. You got another six months to redeem that thing And we only got one randomizer here. It's not an auto. It's a dual relic 20 pollard mile sanders. So let's pop back over here to the randomizers That's a really nice case Kyler Murray Otto Lamar Jackson Otto Noah Phant drew lock We've got dice roll One of the three it one of the two three times team on top after three one two and Third and final time Philadelphia Eagles so that's going to go to Chris lower and the Eagles There you go, man So we'll put that inside the top loader so that doesn't get lost at all. There you go Very nice case guys. That was 2019 Panini National Treasures football four box case break random team number nine from Jaspies case breaks calm I'm Sean Jaspies case breaks calm. Thanks for hanging out. See you next time