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Issue no.23 - 8 June 2001

 


 Contents 

Government Gazette Update
Acts
Notices
News on the Electronic Front
Recent Judgments available on the Internet
Documents now available on the Internet
Useful links and other snippets
News on the Net
Supplement - SA  legislation on the Internet
Index to full-text electronic documents on less-obvious websites

 

Broadway's electric conductors
see New York Times area below


 

 GOVERNMENT GAZETTE UPDATE 

  Acts 

Advisory Board on Social Development Act 3 of 2001
P 454/GG 22319/23-05-2001

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  Notices 

Consumer Affairs
Consumer Affairs Committee intends undertaking an investigation into the business practices of SkyBiz
Call for written representation within 30 days
GenN 1341/GG 22327/25-05-2001
Customs
Agreement between the RSA and the government of the USA regarding mutual assistance between their Customs Administrations
GN R 479/22336/30-05-2001
Education
Implementation of the National Plan for Higher Education
GN 466/GG 22329/25-05-2001
Environment
National Waste Management Strategy (NWMS) for sustainable development
Call for papers
GN 474/GG 22335/29-05-2001
Invitation to comment on proposed regulations : control of vehicles in the coastal zone
GenN 1401/GG 22335/29-05-2001
Finance
Listing of public entities in terms of the Public Finance Management Act
GN 1397/GG 22321/01-06-2001
Requirements imposed by the FSB for nominee companies to operate in SA
GN 1399/GG 22321/01-06-2001
Justice
Declaration of Peace Officers
GN R 469/GG 22324/01-06-2001
Labour
Basic Conditions of Employment Act : amendment of Sectoral Deermination 1: Contract Cleaning Sector, SA
GN R 467/GG 22331/25-05-2001
Local Government
Municipal Systems Regulations 2001 with effect from 25-05-2001
GN R 459/GG 22328/25-05-2001
Public Office Bearers
Recommendations on the salaries, allowances and benefits of public office bearers for 2001/2
GN 1403/GG 22321/01-06-2001
Tax
Double taxation agreement between RSA and Uganda
GN 444/GG 22313/24-05-2001
TRC
Dissolution of committee on amnesty
Proc R 31/GG 22333/28-05-2001
Reconvening and dissolution of the TRC
Proc R 32/GG 22333/28-05-2001

Water Affairs and Forestry
Prohibition on the making of fires in the open air, the destruction by burning of ground-cover etc on high-risk days - KwaZulu-Natal
GN 68/GG 22321/01-06-2001

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 NEWS ON THE ELECTRONIC FRONT 

  Recent Judgments available on the Internet 

SUPREME COURT OF APPEAL OF SOUTH AFRICA
1 June 2001
392/1999
First National Bank of Southern Africa Ltd v Rosenblum and another
Bank - safe deposit box and contents stolen - employee of bank complicit in theft - liability of bank - interpretation of exemption from liability clause in agreement

1 June 2001
18/2000
Coin Security Group (Pty) Ltd v The Minister of Labour and Others
The industrial court has exclusive jurisdiction to determine demarcation disputes in respect of industrial council agreements which remained in force in terms of item 12(1) of Schedule 7 to Act 66 of 1995


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CONSTITUTIONAL COURT OF SOUTH AFRICA

7 June 2001
CCT 49/2000
Stilbaai Municipality v Independent Electoral Commission

4 June 2001
CCT 8/01
Booysen v Minister of Home Affairs and another


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LABOUR COURTS OF SOUTH AFRICA
no new judgments this week

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LAND CLAIMS COURT OF SOUTH AFRICA
no new judgments this week

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  Documents now available on the Internet 

Department of Environmental Affairs and Tourism website
4x4’s banned on beaches
Draft regulations to control the off-road use of vehicles for recreational purposes on the coast
6 June
South African Revenue Service website
Amendment B to RF 1/98: Funds for the preservation of the retirement interests of employees

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  Useful links and other snippets 

Micro Finance Regulatory Council
http://www.mfrc.co.za/news/ 

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Financial Services Board
http://www.fsb.co.za/ 

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Nevada Legislature Web Site
Assembly Bill no.466
Provisions governing licensing and operation of interactive gaming and revising various provisions relating to gaming

see also : CNN and Findlaw areas of this bulletin and Gaming law resources on the Findlaw website


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  News on the Net 

BBC
Cairo metro sparks gender debate
In the Egyptian capital, Cairo, the metro is facing a possible lawsuit for gender discrimination because of its women-only carriages.  A Cairo-based lawyer, Atef Khedr, has threatened to take the metro authorities to court if it does not provide men-only carriages as well, within 60 days

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Business Day
Law Society to review its rules on advertising
The rules regulating the advertising and marketing of SA lawyers' services to the public have proved to be cumbersome and are to be reviewed shortly by the Law Society
Accident fund will not exclude whites
The Road Accident Fund's planned affirmative procurement policy would not exclude white service providers and would therefore not be vulnerable to a Constitutional Court challenge, the fund's chairman, Kessie Naidu said.  He said an interim policy had been instituted to address staff resistance to transformation
Beach drives could soon be outlawed in SA
The days of fun drives on the beach with 4x4s are numbered.  This comes after Environmental Affairs and Tourism Minister Mohammed Valli Moosa published draft regulations last week which, if enacted, would ban private vehicles on SA's beaches
False' empowerment blows up in high court
Government's war on "fronting" where white businesses recruit largely passive black partners to win state contracts has been boosted by a fight between technology company I-Fusion and a small black subsidiary, Tswelopele, which has spilled over into court
Business laws before Parliament
Parliament's Portfolio Committee on Trade and Industry and the Select Committee on Economic Affairs began processing three pieces of legislation on Wednesday which seek to tighten up - and make more efficient - the regulatory environment for businesses
Stunning' ruling on control of magistrates
The judgment by a Pretoria High Court judge that magistrates are the "personal fiefdom" of justice minister Penuell Maduna has stunned the legal profession
High court ruling on minister welcomed
The Judicial Independence Committee has welcomed a high court decision that Justice Minister Penuell Maduna's authority over magistrates and regional magistrates is unconstitutional

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CNN
Rolling dice on the Web
Online gambling is a lucrative multimillion-dollar industry worldwide that's expected to grow to $10 billion in three years, according to Datamonitor PLC, a market researcher in London.  Hundreds of Web sites, mostly located outside the United States, currently lure surfers to virtual slot machines, craps and other Las Vegas-style games

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Daily Dispatch
Lawyer has to pay out over R1,4m
The high court here has given Queenstown lawyer and former chairman of the Eastern Cape Gambling and Betting Board Vuyo Poswa five days to pay out over R1,4 million in Road Accident Fund (RAF) money to a client

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Financial Mail
Door's in sight after six years
The Immigration Bill, six years in the legislative pipeline, was tabled in the legislature this week, placing SA on the final lap to a modern, post-apartheid immigration law aimed at smoothing the import of skills to meet the country's needs
They huff and they puff restaurant profits down
Antismoking legislation is choking the hospitality business : nearly 90% of hotels, restaurants, coffee shops and pubs say the antismoking laws are damaging revenues

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Financial Times
Business fears legal pact may drive up liabilities
Hague Conference deal sought on global application of judgments
France arms itself with legal weapons to fight sects
France has become the first country in the world to introduce specific legislation aimed at controlling the activities of cults. The objective is to combat the 175-odd movements of a quasi-religious nature considered a danger to society

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Findlaw
Debate raging over N.J. gambling law
A debate is raging over a new state law letting compulsive gamblers ban themselves from casinos, with officials discussing how to enforce the law without neglecting privacy concerns
Fight develops over oil drilling
A coalition of American Indian tribes and environmental groups said they will try to overturn a federal permit allowing oil drilling in a pristine Montana valley sacred to American Indians
Officials to offer jail on Internet
For sale: one jail, 115 years old, sleeps 147.  Daviess County officials have agreed to auction a jail over the Internet, although fiscal court members haven't settled on an asking price.  Several groups interested in preservation are seeking a $5,000 federal grant to research possible uses for the building. The jail was the site of two hangings in 1905, and it lists notorious Chicago gangster George ``Bugs'' Moran as a former inmate
Road-rage dog allegedly bit man
A man grabbed a woman's dog from her car after a fender-bender only because the dog bit him, an attorney said, denying the driver killed the dog in an act of road rage
Ill. jury deadlocks in midwife case
Jurors considering the case of a midwife charged with involuntary manslaughter in a newborn's death agreed the woman was rash but could not agree she was a killer

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Independent Online (IOL)
Season of the witch has come
Marriages performed by witches as well as Mormon weddings should be approved by law, the South African Law Commission recommended

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Mail and Guardian
New law angers property owners
Previously owners were liable only for rates payments and tenants for water and electricity.  "I think it puts a huge burden on property owners. I can't see that the property sector is going to accept this violation of their property rights," says attorney Richard Spoor

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New York Times
Asbestos costs may drive USG to bankruptcy
The USG Corporation , a maker of wallboard, said yesterday that it might file for Chapter 11 bankruptcy protection as the cost of legal settlements with victims of asbestos-related diseases rises
Justices reverse death sentence of retarded man
The Supreme Court overturned the death sentence of a retarded Texas man who in 20 years on the state's death row has become a symbol of a growing national debate over executing the mentally retarded
Calls for slavery restitution getting louder
The idea of compensating African-Americans for the sins of two-and-a-half centuries of slavery has hovered in the background, far from reality.  But as a social and legal movement, the call for reparations has taken on substantial force this year
When truth is 'treason'
On 13 June 1971, 30 years ago, The New York Times began publishing a series on the secret official history of the Vietnam War that became known as the Pentagon Papers.  An extraordinary legal struggle followed.  It was judges who saved this country from the repressive spirit that prevails in so many others. The Pentagon Papers case stands today as a barrier to silence by official edict
Small law firms find way to compete with giants
Alliances among law firms are one way that smaller firms are trying to compete with firms with offices all over the country, not to mention elsewhere in the world
Customer service by e-mail
"In situations where something's gone wrong, there are ways to get it taken care of on the Web sites — usually through e-mail forms — but they're typically buried," said an analyst with a company that analyzes technology changes for business clients.  The beauty of complaining through e-mail is that you can state your case clearly, without having to contend with five-minute spans on hold and the misery of repeating the same story to a succession of employees  Meanwhile, a growing number of consumers are taking their complaints to online ombudsmen, like ...
Paid placement is catching on in web searches
In 1998 GoTo.com was introduced as a search engine with a difference : Web sites would pay to be included in the search results after a user entered key words.  The idea was widely ridiculed but three years later GoTo is thriving — not as a search service itself, but as a provider of search results to other sites

Broadway's electric conductors
Slowly but surely, more and more productions are finding ways to train a hotter spotlight on the conductor, reminding audiences of an aspect of musical theater that is sometimes taken for granted : the contribution of live musicians

Memoir of an offbeat clan strikes a chord
When Dorothy Gallagher was writing "How I Came Into My Inheritance and Other True Stories," she expected that this memoir of her family — politically radical Jewish immigrants to the United States from Ukraine — would have limited appeal.  To her surprise, it has struck a common chord in people from vastly different backgrounds
Matisse : from the secular to the divine
Whether the work is paper cutouts, androgynous dancers or brightly colored portraits and windowscapes, Matisse's genius often speaks through deceptive simplicity

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News.com
Hacking threat rises with layoffs
As layoffs become more common at technology companies, an increasing number of disgruntled or fired employees are hacking their companies in revenge

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News24.com
Maduna's authority over courts 'unconstitutional'
In a decision which could have far-reaching consequences for the administration of justice, Judge Brian Southwood ruled in the Pretoria High Court on Tuesday that Justice Minister Penuell Maduna's authority over Magistrates' and Regional courts was unconstitutional
Maduna vows to remedy 'unconstitutional laws'
The department of justice would act swiftly to remedy any legislation governing the courts that might be identified as unconstitutional, Justice Minister Penuell Maduna told the National Assembly
CCMA holds up under pressure
The Commission for Conciliation, Mediation and Arbitration (CCMA) heard 103 078 cases of labour dispute during the past year, but more than 30% of them were cases which did not fall within the scope of the Commission's judgment and should never have landed there
State must protect suspects
The State had a duty to protect all citizens - including fleeing crime suspects - the Supreme Court of Appeal held in awarding damages to a young man rendered paraplegic after being shot by the police in 1995
Summons for Die Burger editor in Staggie case
The editor of Die Burger and a photographer were summonsed on Tuesday to provide the Cape High Court with all photographic material relating to the lynching of Hard Livings gang boss Rashaad Staggie
'New Aids law not needed'
New legislation to cover the sexual behaviour of people who are HIV-positive or suffering from Aids is not necessary, says the South African Law Commission
Asbestos claims cut off on June 15
The cut-off date for registration by Northern Cape claimants in the asbestos court case is June 15, provincial MEC for agriculture, land reform, environment and conservation Dawid Rooi said
Ranch worker wins assault case
The Johannesburg High Court ruled last year's assault, arrest and prosecution conducted against an employee of The Ranch was unlawful.  Handyman Matthew Palmer sued the Minister of Safety and Security for R800 000 in damages caused by police, who were raiding the high-class brothel in February last year

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Newsbytes
Employers call Internet filtering 'absolute necessity'
More than 75 percent of U.S. employers say that they need to use Internet filtering and monitoring technology to "combat" personal use of the Internet by workers during business hours, a new survey finds
No Internet filtering is sex harassment for librarians
Reaction is mixed on a preliminary finding by the Equal Employment Opportunity Commission that a group of Minneapolis librarians was exposed to a sexually hostile work environment because of pornography downloaded on library computers
Banks unprepared to meet privacy law deadline
A majority of banks and financial services companies will not be in compliance with privacy protections in a new law that will go into effect on July 1, 2001, a study has found
15 billion text messages a month - and counting
Five years ago, text messaging on mobile phones was in its infancy, and digital cellular users rarely used the technology. But since then, it has become a network buster
Search engine war brewing
Yahoo remains the most-used search engine by US surfers, according to new figures, but more and more Internet users are going to  MSN to conduct searches.  Worldwide, the search engine race shows Yahoo, Google and MSN in the first three positions.  "This could be shaping up as another Microsoft market share war," StatMarket vice president Geoff Johnson said.

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Silicon Valley
Bosses would have to notify workers before monitoring e-mail
Bosses would have to notify their workers before monitoring the employees' at-work e-mail, under a bill approved Monday by the state Senate

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Sunday Times
SA officials, eager to help fight international terrorism, handed over a suspect to the US authorities with complete disregard for the law
In its decision, the Constitutional Court had strong words for the illegal and unconstitutional way in which SA officials had acted in the matter, and reminded all concerned that a government was supposed to set an example by observing the law, instead of becoming a lawbreaker itself
New guidelines for police on when to shoot
Police, uncertain about when they may fire at fleeing suspects, have been given new guidelines by the Appeal Court in Bloemfontein.  The court said that before police officers may shoot, they must have reason to believe that the suspect is armed and presents a serious threat to the police or the public
Moseneke tipped for top job on the Bench
The decision by lawyer-turned-businessman Dikgang Moseneke to quit all his corporate interests for a position as an acting judge is fuelling speculation that he may be headed for South Africa's most powerful judicial post

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The Register
Miss World Virus finds few takers
Internet vandals have created an email-borne virus which attempts to trick users into spreading it by promising pictures of Miss World candidates.  The bug is yet another mass mailing worm, which uses exactly the same tricks as the Anna Kournikova virus, Hompage bug (et all) to spread.  It contains a highly damaging payload, which among other things attempts to format a user's hard disk drive and overwrite essential Windows files (including system.dat). However early indications are that it is not spreading - giving rise to the hope users have finally learned their lesson about suspicious email attachments

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Yahoo
Sky-high web services taxi for take-off
International air travelers on a few select airlines will be able to surf the Web at 35,000 feet from next year, but questions remain over how eager passengers and carriers will be to pay for sky-high e-mail

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  SUPPLEMENT

  SA legislation on the Internet 

Index to full-text electronic documents on less-obvious websites
A large number of South African legislative documents are to be found on the Internet.  However, many of them are on less 'visible' websites.  In order to make the search for these documents a less daunting prospect, an index to documents dating back to 1910 and including acts, bills and draft bills, white papers and some regulations, has been compiled.  It will be distributed as a supplement to this issue of InfoUpdate and is available on the Internet at : http://www.lawlibrary.co.za/notice/updates/issues2001/issue23_suppl.htm 

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