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Recent Web Log Entries By Michael de Broglio
Webber Wentzels new offices

I know I have written about their offices before, but now that they are completed and the staff moved in there, I have to say that it is always impressive to see how big a law firm can be!  These are major multi-national corporations, dealing in mega millions of fees and certainly they would have to charge a fortune just to cover the costs of those very impressive offices at 90 Rivonia Road.  It is just across the road from Sandton City and Sandton Square and it is very impressive.  They have assisted me with legal work previously and I am rather keen to have a look inside the offices.  

I have always felt, along with not expanding into other areas faster, that one of my big mistakes was not to move into bigger offices a long time ago.  The process of building my offices at 127 Jan Smuts Avenue was however so long and so slow that I guess I let it cloud the fact that by the time we moved into them, they were already too small.  We actually have not been in them for that long – it is about 5 or 6 years – although maybe some staff will correct me and tell me it is longer.  I could easily move to offices now of three times the 450 square metres or so that we have and if one was to redesign offices it gives one a lot more opportunity to add in more features such as a gym and more boardrooms, not to mention more space for staff to sit and much more rooms for files -  files in this particular field of work get very quickly very thick!

Posted by Michael de Broglio on Friday 24-Jun-16   |  Permalink   |  41 Comments Comments Share on Facebook   Tweet It
Big day for me for the July

Today is an important day, in terms of horseracing.  The field for the R4 million July Handicap is announced and the draws are also made.  The draw is the gate from which the horse comes and the outside numbers really have much less chance, although the Snaiths, who trained some of my horses, also tell me that draws No 1 and 2 are very bad because those horses get trapped against the rail and don’t get a proper run.  So, it is firstly the pressure of making the field – and one must put in perspective that I’ve had racehorses winning races for me since 2003, that in all that time I only had one runner in the July Handicap, namely Do You Remember, who came third.  Just to get a runner in the July is very tough as 13 years of owning horses and only one runner shows.  It is certainly Durban’s event of the year with no other sport or social event coming close in KwaZulu-Natal and to have a runner would be a great honour. 

I expect that Master Sabina will make the field, despite one or two bad runs, because he is currently 7th on the July log, and although they don’t issue a final log before the field is announced, I cannot see that he could have dropped more than 11 positions to outside the top 18, which ultimately comprise the final field.  At the time of dictating this blog he was considered quite an outsider at 28/1, but if he makes the field and gets a decent draw one would expect those odds to come in.  At the end of the day, it is a handicap, which means that although there will be one or two horses in the race who are probably better than their rating suggests, any horse in the race should have an equal opportunity because the better they are the more weight they are carrying, to put them at a disadvantage with the horses that are not as good as them!  A lot of people don’t like that, but it is unfortunately what makes the sport work because if the best horse in the race won the race every single time nobody would bet on any other horses and there would not be any people who would be prepared to take the bet.  The bet in turnover on the races, and the race operators take a percentage of that turnover, is what largely pays for horseracing in South Africa.  I should probably do an article on another occasion about how that is betting on the tote and not betting with the bookmakers, because the bookmakers don’t pay a fare share towards the costs of the industry and pay much less towards horseracing out of every R100 than the totes does.

Posted by Michael de Broglio on Tuesday 21-Jun-16   |  Permalink   |  41 Comments Comments Share on Facebook   Tweet It
Orlando and Pulse nightclub

The shooting in Orlando was a reminder, yet again, of the crazy world we live in.  We don’t seem to have world wars now, but every week in some country around the world, another lunatic commits a horrific act.  This time it was in Orlando, Florida – home to Universal studios, Disney and sadly as we discovered later in the week an estimated 1.3 million alligators.   Orlando, we read, is a city which has a surprising diversity, surprising because you normally associate diversity with bigger cities like New York or Miami and not a city of just 2 million people.  It’s an immigrant city in many respects filled with university students and only one third of the population can claim to have been there before Epcot opened in 1982.  In particular, it has a large South American population and many people from Puerto Rico.  Its diverse and not a conservative, closed society like many cities in many countries.  This is where terror struck this time but I don’t think it is clear cut terrorism all on its own.

I know the killer pledged allegiance to ISIS, but he also pledged allegiance to a rival group of ISIS, demonstrating his lack of knowledge of the group, so clearly the link is tenuous at best and most likely a cover up for a man struggling with his feelings about his own possible homosexuality.  To me this was first and foremost an attack on homosexuals and one could see that even in his father’s comments who while saying his son obviously had no reason to do this, went on to say, for no reason at all, that gay people will be judged by God.  In an instant you knew exactly where the homophobic problems had started in this house – with the father.  It’s too early to speculate now, but all the time spent on gay websites, going to gay clubs etc can’t all have just been research and we hear more and more of men who say he made “moves” on them.  This really appears to be man who struggled with his sexuality and had been brought up in a house by a father who believes clearly that God will punish all homosexuals.  One can imagine living in a house like that, with parents raging on about the issue, invoking God’s name and wrath all the time, while secretly having gay tendencies. 

This massacre in Pulse nightclub demonstrates more clearly than ever what happens when children are brought up to judge others on their race, sex or sexuality.  We in South Africa have many generations of white people, in families who swallowed the National Party apartheid propaganda, and which ultimately led to entire generations of our people being poorly educated, having nothing spent on their education and now struggling to enter the workforce.  We are, in many respects in South Africa, while our economy struggles and the crime rate is ridiculous, bearing the fruit that the parents and Grandparents of many white people planted, in terms of what they supported and who they voted for. 

Lastly, still I fail to understand why so many people, are such bored busybodies, that their sole concern in life is how other people get their sexual kicks and deciding what is “normal” and what is not and how others should conduct themselves in their private lives.  It’s such a small part of us, does it really matter what consenting adults choose to do in their private time as long as neither children nor animals are involved?  Must 49 people be executed on a night out just because some of those in the club are gay?

Posted by Michael de Broglio on Friday 17-Jun-16   |  Permalink   |  38 Comments Comments Share on Facebook   Tweet It
Unemployment rises to its highest level in a decade

The Rand has weakened recently, especially after data on 29 March showed that unemployment had risen to its highest level in more than a decade.  It is sad to read things like that, but it is not as if I have not written about it a lot on my blog.  There are so many uncompetitive laws in South Africa that really make it very difficult for overseas companies to come in and do business in South Africa.  The more unemployment increases of course, the more the ills of unemployment will affect us all – not only a weak economy, but of course higher rates of crime, etc, because many of those who are not employed are going to resort to other options.  The Cabinet issued a statement saying that it is “taking measures to deal with” a high unemployment rate. I wonder what those measures are with official unemployment now at 26,7% in South Africa!  

Unofficial unemployment is of course far higher and it does not seem that any journalist is asking the right questions – let’s talk about the 6 million new jobs that the ANC promised its voters in the last election.  Where are those 6 million new jobs?  We now have unemployment at its highest level in a decade, so far from creating 6 million jobs, we now have less jobs than we had before and unfortunately neither the ANC nor the trade unions have yet started to learn their lessons.  We must hope it will not take them 20 or 30 years to learn, that you need to make conditions in South Africa conducive to business because only business will ultimately resolve the problems of unemployment.  The Government can’t employ everybody and we already have half of the country’s budget, if not more, already going on state employees’ salaries and benefits, and so if anything we need to retrench and fire government employees.  Somewhere along the line the ANC will have to abandon some of its philosophies when it comes to labour law, international companies and to move into the 21st century – it is after all 2016.  Arriving now would be better than never.

Posted by Michael de Broglio on Wednesday 15-Jun-16   |  Permalink   |  25 Comments Comments Share on Facebook   Tweet It
23andMe

I have recently ordered some DNA tests from a DNA company called 23andMe.  I am looking forward to the reports, which apparently take about 7 to 8 weeks to come through.  These reports, as genetic testing costs are going down, are becoming more and more common, although there is a lot of information that they could advise you on, but they won’t because the health authorities don’t necessarily allow you to know the information.  I assume that would be similar, for example, to you only being able to do an HIV test once your have signed all sorts of forms about being offered counselling, etc.  

The basic test includes an ancestry composition, which tells you what percent of your DNA comes from a total of 31 populations around the world – in other words, are you from Eastern Asia, European, etc, but they then break it down between more than European such as British and Irish, French and German or Scandinavian, etc.  Most of us know that from our parents – although I guess for some people what their parents have told them is not necessarily accurate for a variety of reasons, but I am sure I will not be getting any surprises there!  More than 1 million people have done the test for 23andMe and they say they can also advise you of any people who have common DNA to you, meaning that they are relatives of yours who have also done the test that you may or may not know of.  I can see that causing a few problems as well!  

Apart from that, you can choose which reports you would like to see and which reports you don’t want to see and see your ancestry breakdown for each pair of chromosomes that you have.  A lot of the science is fairly complicated, going into the chromosomes and the X and Y chromosomes.  The rest is based on your saliva and it can tell you if you carry a mutation for 1 of 36 different conditions on any of your chromosomes that you have inherited from your parents – one copy of each for the chromosomes, a total of 46.  The tests are able to show whether you have a cystic fibrosis mutation, for example, a greater predisposition to cancer and on simple things like telling you how your DNA relates to your alcohol, caffeine and milk consumption as well as your muscle composition.  It will detail whether you are likely to be lactose intolerant or you are susceptible to alcohol, whether your muscles are capable of rapid explosive movements and you are better suited to be a sprinter or long distance runner, etc.  I am really looking forward to the results and I would certainly write about some of them in the future.

Posted by Michael de Broglio on Monday 13-Jun-16   |  Permalink   |  20 Comments Comments Share on Facebook   Tweet It
Press Ombudsman finds in favour of an attorney

I enjoyed reading a recent article by the Press Ombudsman finding the Sunday Times guilty of the Code of Ethics and Conduct for South African Print and Online Media.  The Sunday Times was found to have made a serious breach of this code and ordered to print a correction article about an article they wrote about an attorney involved with Road Accident Fund cases.  They wrote about an Eastern Cape attorney, Zuko Nonxuva, on 17 January 2016 under the title “The tragic tale of a penniless SA millionaire”.  Unfortunately, from the attorney’s perspective they dealt with exactly the kind of case that one fears that it might – that of a client under curatorship.  

The client’s version was that when he questioned this attorney about the case, the attorney ran off, had a curator appointed and then delayed the payment to him.  There did appear to be other complaints about the fees charged in some matters, but that is not the focus of this article, apart from which I don’t have the details of those allegations.  The Sunday Times were criticised for failing to point out the existence of court orders that the money had to be paid to a curator, that the attorney had not rushed off to court as was suggested and that the delays in the payment of the client’s case were all as a result of various unsuccessful applications the client brought with other attorneys to try and set aside the curatorship.  I think the finding is an important one, because he is not going to be the last attorney who is going to face media criticism in a Trust or curator matter.  

The fact of the matter is when a client has been represented by a curator, it means they don’t have the capacity to litigate, and the Sunday Times did not put across in its article that the person whom they were interviewing and who was telling them the whole story had obviously, by implication, already been found by a court to lack the legal capacity to give instructions in his own case.  While that does not stop him telling his story to the media, if a finding has been made that you are legally insane, or lack the legal capacity to even determine what happens in your own court case, I really do believe that the media should be a little bit more circumspect before writing their story based on the version of somebody who has essentially been found by a court of law to not even understand the legal process.  

How do you rely on somebody who has been found to not understand the legal process to tell you a story, complaining about the legal process!  Any proper investigation, by any reporter in such a case, would obviously involve accessing the court file, which is after all open to the public, and reading the extracts relating to the client’s legal capacity.  I guess of course, and I have not seen the reports in this case, but I can imagine they say similar things to reports that we read in these cases from time to time, but that would not make a good story.  It is hard to lead another attack on attorneys when a medico legal report will contain lines such as, “Mr/Ms … struggled to grasp basic concepts, was argumentative and showed a clear lack of understanding as to the purpose of my examination as well as to the legal process in which he/she is involved.  I believe that this person is not capable of making informed decisions, meets the definition of a legally insane person and needs to be represented in litigation by a curator.”  That would pretty much ruin an article, wouldn’t it?  

What needs to happen is not just the complaint to a Press Ombudsman, but for an attorney in one of these types of matters to sue for damages.  We know that most attorneys, for a variety of different reasons, don’t want to do it, but sooner or later, the media will pick the wrong person and then they are going to pay a very heavy financial price for writing such completely misleading articles that do such a disservice to the profession and to the public by creating an impression that in a case where a curator or a Trust is involved, that the attorney has done it for some nefarious reason.  There is no mention, for example, and I don’t know what the facts of this case are, that in most of the cases where a curator is appointed the curator will also find that the fee agreement entered into with the client is also not valid, because the client did not have the capacity to enter into that agreement.  In many case it is ultimately substituted with an agreement that leads to the attorney earning less fees than he or she would have in terms of the original agreement, because the facts relating to the curatorship in some cases come up too late for example to allow a Contingency Fee Act agreement to be entered into.  It is grossly unfair to suggest that any attorney wants all the dramas, complaints and threats from clients that go along with curator appointments, not to mention the considerable difficulties of dealing either with the client, or in some sad cases money-grabbing family members, who all have a variety of reasons why they believe the money should be paid out directly to the injured person as he/she wants to buy a house for all of them to live in, etc, etc.  

Posted by Michael de Broglio on Thursday 09-Jun-16   |  Permalink   |  11 Comments Comments Share on Facebook   Tweet It
Who should use which toilets?

One of the issues of the day is the question of transgender people and which bathrooms they should use. Basically, a few States in America are trying to change the rules so that people do not use public bathrooms that do not correspond to their biological sex.  In other words, if you were born a man and have undergone treatment to become a female, then they believe that you should still use the male bathroom.  There has been a backlash from business, and all sorts of celebrities also became involved in the fight.   ESPN fired one of their presenters for criticising those who were against these new laws in some States. 

It is one of the few issues that Donald Trump seems to have a reasonable suggestion on – and that is just to leave things the way they are at the moment.  He said that if Caitlyn Jenner walked into Trump Tower he would be comfortable with her choosing any bathroom she wanted and obviously these new laws would provide that Caitlyn Jenner would have to use the male bathroom if she were to go to a public bathroom in a State like North Carolina.

The candidate who came second in the Republican fight at the moment, Ted Cruz, is in favour of the new laws, saying his own children know the difference between a boy and a girl and that grown men should not be allowed alone in a bathroom with little girls – even if they have had transgender operations.  He is hoping that the comments by Donald Trump, which don’t generally fit into the more conservative Republican approach, will cost him many Republican voters and has said that those who say transgender people can use whichever bathroom they wanted, are aligning themselves with President Obama and Hilary Clinton saying, “Have we gone stark-raving nuts?”  

Posted by Michael de Broglio on Tuesday 07-Jun-16   |  Permalink   |  25 Comments Comments Share on Facebook   Tweet It
Legalising marijuana

I must say that the whole legalisation of marijuana issue, which is clearly a worldwide trend, and it will come to South Africa in due course, is a troubling one.  I don’t think it is clear-cut. When I was younger I would probably have said that it had to be legalised and I was very disappointed when Gareth Prince was denied by a one vote majority in the Constitutional Court of becoming an attorney because of his continued use of marijuana.  It was the narrowest of margins that he lost by, I think 6/5 if I recall, and I always felt terribly sorry for him.  

I think that it is inevitable that marijuana will be legalised around the world because more and more countries allow it on a “medical basis”.  The medical basis is however a farce because people forget that in most countries you can pick up a telephone, have your call outsourced to a doctor in India or Canada or who knows where and once you have explained that you are suffering from migraines, nervousness or some or other nonsense, you are going to get a script for medical marijuana.  Once you open the door to medical marijuana, you are basically legalising marijuana because one way or another, as some people know when they go to doctors for sick notes for work, you will get what you want.  

The problem is that dagga is not good for you, it is not good for your motivation and I really think it leads to demotivated people who sit and complain about the world. While some people may use it sparingly as a laugh, others don’t.  What do you do when you can no longer stop somebody using something because the substance they are using is now legalised?  Isn’t that exactly the situation with alcohol?  You cannot stop an alcoholic from drinking because there is no law against them drinking. All the power that one has to try and help those people who have an addictive personality and cannot limit their use of a substance which is bad for them, is gone once something is legalised.  I don’t think marijuana is the worst drug in the world – I think it is probably as bad or equal to alcohol but there are many people who just cannot control their use of either alcohol or marijuana.  

Legalising marijuana will of course prevent organised criminals from selling one of their biggest profitable drugs and may damage their sales of other drugs as well.  The problem with cannabis is that a minority of users do develop a dependency on it, and so you cannot really say they have, as an adult of free choice to smoke it or not, they just cannot help themselves.  On the other hand, we will never prevent people smoking dagga, but when this debate does come to South Africa I do hope that we find ways to control it, make sure that all advertising of it is absolutely banned and deal in some way, perhaps with the taxes on people who will be allowed to sell it and produce it, for catering for treatment for those who do become dependent on dagga.

Posted by Michael de Broglio on Friday 03-Jun-16   |  Permalink   |  23 Comments Comments Share on Facebook   Tweet It
Are people still using LinkedIn?

I know that LinkedIn is apparently useful for many people and particularly personnel agents.  I must say though that I suspect that large numbers of people are not actually using the site very often and are certainly not updating their profiles.  

In particular, LinkedIn recently suggested a number of potential contacts for me.  Quite a few of them were former employees of my firm, some of whom have not been with us for a few years.  LinkedIn incorrectly indicates that they work for my firm, and obviously incorrectly reflects how long they have worked for the firm as well.  Of course, in the line of what people write, one gets exaggerated descriptions in the first place, such as a former staff member of my firm, who did not exactly excel in terms of her work ethic nor her abilities, now describing herself as a senior legal secretary at another firm.  I seriously doubt she holds the position she claims she does, but if indeed she does, well that is frightening.  Her description of what she did at my firm is certainly not correct and so I have a fairly good reason to doubt her description of her role at her current firm!  

I don’t say any of this to be mean, and that is precisely why I am not naming the person either, but it is ridiculous for example to suggest that somebody who held a relatively junior position in my firm, and is nowhere close to being an attorney, would then be endorsed on LinkedIn by a number of people, who have no legal experience and can’t possibly be qualified to comment, for her legal writing skills, legal research as well as litigation.  

I have no problem with LinkedIn doing things in this way, as long as one understands that it does not give you much more information than you could get off Facebook anyway and I wonder if that is the reason that people don’t update their profiles that much now.  It is particularly funny how a number of people, if this is indeed a site which is designed to link people on a professional basis have what can only be described as sultry pictures complete with pouty lips, bare muscles for some men, etc, not to mention what appear to be social pictures of three or four people having a drink in a nightclub together as their profile picture!  I did invest in LinkedIn shares at one stage, but just based on a recent glance at the site, I would not be interested now.  In those days it used to trade at about $200 and it reached a peak of around $269 in February 2015.  It currently trades for less than half of that at $116.

Posted by Michael de Broglio on Monday 30-May-16   |  Permalink   |  21 Comments Comments Share on Facebook   Tweet It
Travelling on a non-South African passport

The recent arrest of Paul O’Sullivan was allegedly on the basis of travelling on the wrong passport.  I am sure there is a lot more to the story, although he does not have the most flawless reputation, given that he recently fell for a scam about the SAA Board chairwoman, Dudu Myeni.  Apparently, he also refuses to talk to a number of newspapers saying that they are writing false reports about him.  In any event, the blog is not about his arrest, but just that there are many people in South Africa who have foreign passports, typically those with British links, who use those passports from time to time so that they can travel to other countries without visas.

Nothing really tends to happen to them, as I understand it, but the South African Citizenship Act of 1995 does provide that this is an offense.  If you are a South African citizen you are not allowed to enter or depart South Africa on a foreign passport and if you do you are guilty of an offense and the sentence will either be a fine or 12 months imprisonment.  It is a reminder to frequent travellers that it is not merely a question of travelling on whatever passport is most convenient to you – if you are a South African citizen, as long as you remain a South African citizen, you are obliged to travel on our passport.

Posted by Michael de Broglio on Thursday 26-May-16   |  Permalink   |  16 Comments Comments Share on Facebook   Tweet It
One of the jobs of the future

I have read recently about the looming problems that are coming when it comes to the number of pilots. There are already airlines in the USA which are having to give up flights or stop flights at certain times, due to a lack of pilots and there are a considerable number of pilots due to retire by 2022.  Apparently, flight schools have very few people showing interest and there are a number of problems.  Once you reached 1,500 hours of commercial flying you can become a commercial airline pilot earning approximately $139,000 a year, but that is the problem. Apparently, getting those 1,500 hours requires an investment firstly of close to $100,000 and becoming a pilot and the 1,500 hours of flying involve late nights, unpopular routes and unpopular tasks – such as flying corpses, etc.  

The airline industry is growing at a rate of about 5% a year in mature economies and in those like China, even faster and more and more people are flying more often than they did before.  Somewhere along the line, which is a little bit dangerous, they will probably have to reduce the number of hours’ flying experience that you have before you can become a pilot for a commercial airliner, then they have to try and encourage some of the pilots to keep working past retirement and somehow encourage more people into the industry.  Of course, the market will normally solve this problem – to a certain extent in a few years’ time pilots will hold all the aces and their salaries will go through the roof.  I guess there is a small catch to that and that is if people, in the not too distant future, are keen to save a bit of money and fly in a computerised plane with no pilot at all!  To a large extent I understand the job of a pilot now on these modern airlines to be punching a lot of buttons so maybe some people won’t mind if they are flown remotely a bit like drones.  I’d personally prefer to pay extra and have a human oversee it all though!

It is a problem that will affect everybody in the world, because obviously it will be fairly easy for countries with a powerful currency to lure away pilots from South African airlines like SAA and other smaller country airlines.  The reality is that around the world this is going to become a growing problem, and it does mean that the salaries of pilots in coming years are going to increase far ahead of most occupations on a percentage basis.  Sadly, I don’t think you can make the argument that the world has too few lawyers, but I do think that being a pilot is going to be a career option which more and more people will start talking about in 4 or 5 years’ time and perhaps later in countries that are slow to react to the looming shortage that will leave many planes around the world grounded.

Posted by Michael de Broglio on Monday 23-May-16   |  Permalink   |  20 Comments Comments Share on Facebook   Tweet It
The breakthrough I am waiting for with cell phones

People always talk about the latest features on cell phones, but it seems that one thing does not keep up with those features and that is battery life. The more features they add, the faster the battery drains.  

The way to judge how well your battery lasts is not to consider how it does at a day when you sit at home or at the office.  Go out there and be a mobile warrior – rely on your phone for a whole day to try and do your e-mails, make your phone calls, research things, etc.  If you use your phone in that way and you have a feature rich phone with lots of applications, you have basically little chance of getting past 2pm without your battery dying on you.  I would really like to see the next advance in cell phones to be that you can use your phone, use your e-mail, use your maps and use everything for a full 12 hours.  I am not asking for 24 hours, but even if they cannot get to 12 hours, if they could at least make a phone last a working day on a full battery from 8.30am to surviving until 5pm.  I understand that they can if you just make phone calls, but in this day and age it is not enough and they need to take phone batteries to a new level.

Posted by Michael de Broglio on Thursday 19-May-16   |  Permalink   |  18 Comments Comments Share on Facebook   Tweet It

Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
Have you been injured in a motor accident?
Recent Settlements
Lumbar spine compression fractures R2 500 000.00
Severe hip fracture requiring total hip replacements R3 305 000.00
Head injury with disfiguring facial scaring of a young female R4 000 000.00
Whiplash and compression fracture of the spine R4 000 000.00
Broken Femora R1 914 416.00
Broken Femur and Patella R770 881.15
Loss of Support for two minor children R2 649 968.00
Fracture of the right Humerus, fracture of the pubi rami, abdominal injuries, head injury R4 613 352.95
Fracture of the right femur, Fracture of the right tibia-fibula R1 200 000.00
Broken Jaw, Right Shoulder Injury, Mild head injury R1 100 000.00
Degloving injuries to the hips, legs and ankle R877 773.00
Head injury R 2 734 295.12
Fractured pelvis R1 355 881.53
Damaged tendons in left arm R679 688.03
Fractured left hand R692 164.48
Amputated right lower leg with loss of income R3 921 000.00
Fractured left foot R600 000.00
Head injury and multiple facial fractures R5 000 000.00
Head injury, compound fracture right femur, right tib and fib fracture, and injury to the spleen R4 529 672.06
Head injury, multiple facial fractures, collapsed lung and a fracture to the right frontal bone R2 890 592.77
Loss of support R5 144 000.00

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