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Issue no.17 - 5-19 July 2002

 


 Contents 

News from the CLE
Forthcoming Seminars - attention property lawyers and litigators!
Government Gazette Update
Acts
Commencement Dates
Regulations
Bills and Draft Bills
Notices
Consumer Price Index
Recent Journal Articles of Interest
Butterworths Property Law Digest
De Rebus
Employment Law
Juta's Business Law
South African Law Journal
Tydskrif vir die Suid Afrikaanse Reg
New Books
Pietermaritzburg
New Videos
Pietermaritzburg
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 including Internet search tips for lawyers
E-Tips
Feel like surfing, but not sure where to start?
News from Butterworths
Recent publications

  Of information workers and other aliens . . .

visit this crop circle website by clicking on the image   


 

 NEWS FROM THE CLE 

  Forthcoming Seminars 

Local Government and Property Rates
Presented by Norman Brauteseth
(Attorney, Garlicke & Bousfield, Umhlanga)
Negotiated Justice

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 GOVERNMENT GAZETTE UPDATE 

  Acts 

Basic Conditions of Employment Amendment Act 11 of 2002
No 847/GG 23539/24-06-2002
Constitution of the Republic of South Africa Amendment Act 18 of 2002
With effect from 20-06-2002
No 850/GG 2352/20-06-2002
Constitution of the Republic of South Africa Second Amendment Act 21 of 2002
With effect from 20-06-2002 - part of the so-called Floor Crossing Legislation and thus suspended
No 852/GG 23544/20-06-2002
Labour Relations Amendment Act 12 of 2002
No 848/GG 23540/24-06-2002
Land and Agricultural Development Act 15 of 2002
With effect from 10-06-2002
No 807/GG 23506/10-06-2002
Local Government Municipal Structures Amendment Act 20 of 2002
With effect from 20-06-2002 except s.4 - part of the so-called Floor Crossing Legislation and thus suspended
No 851/GG 23543/20-06-2002
Loss or Retention of Membership of National or Provincial Legislatures Act 22 of 2002
With effect from 20-06-2002 - part of the so-called Floor Crossing Legislation and thus suspended
No 853/GG 23545/20-06-2002
Media Development and Diversity Agency Act 14 of 2002
No 849/GG 23541/24-06-2002

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  Commencement Dates 

Eskom Conversion Act 13 of 2001
With effect from 01-07-2002
Proc No 56/GG 23561/28-06-2002
Judicial Matters Amendment Act 62 of 2000
Section 35 with effect from 21-06-2002
Proc R 54/GG 23548/21-06-2002
Land and Agricultural Development Bank 15 of 2002
With effect from 10-06-2002
Proc R 50/GG 23505/10-06-2002
National Health Laboratory Service Act 37 of 2000
With effect from 01-07-2002
Proc R 57/GG 23562/27-06-2002
Media Development and Diversity Agency Act 14 of 2002
With effect from 08-07-2002
Proc R 59/GG 23607/05-07-2002

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  Regulations 

Judges Remuneration and Conditions of Employment Act 47 of 2001
GN R 894/GG 23564/05-07-2002
Mine Health and Safety Act 29 of 1996
With effect from 02-07-2002
GNR 904/GG 23583/02-07-2002
Mine Health and Safety Act 29 of 1996
GNR 907/GG 23586/02-07-2002
Mine Health and Safety Act 29 of 1996
Repeal of regulations in terms of item 4 of Schedule 4
GN R 905/GG 23584/02-07-2002
Ship Registration regulations
Substitutions for pages in regulations published in GG 23345/ 26-04-2002
GNR 893/GG 23546/28-06-2002
Supreme Court Act
Amendment of Rules for the Free State Provincial Division
GN R 920/GG 23594/12-07-2002

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  Bills and Draft Bills 

Draft Banks Amendment Bill
GenN 1047/GG 23560/27-06-2002
Department of Trade and Industry
Notice of introduction of Bills into Parliament :
Corporate Law Amendment Bill ;
Export Credit and Foreign Investments Insurance Amendment Bill
;
International Trade Administration Bill
;
The Liquor Bill
;
National Gambling Amendment Bill
;
Usury Amendment Bill

GenN 1090/GG 23573/28-06-2002
Education Laws Amendment Bill 2002 and the
Higher Education Amendment Bill 2002
GenN 1046/GG 23559/26-06-2002
National Ports Authority Bill and Draft Independent Ports Regulator Bill, 2002
GenN 1194/GG 23594/12-07-2002
Publication of Collective Investment Schemes Control Bill 2002
GenN 382/GG 23253/28-06-2002

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  Notices 

Agriculture
Co-operatives Act 91 of 1981
Fees amended
GN R 845/GG 23535/28-06-2002
Commissions
Enquiry into alleged incidents of corruption, maladministration, violence or intimidation in the Department of Correctional Services
GG 23558/27-06-2002
Education
Invitation to respond to proposals to merge certain public higher education institutions or subdivisions thereof
GN 857-869/GG 23550/24-06-2002
Notice 867 : University of Durban-Westville and the University of Natal
National Policy on the Conduct of Adult Basic Education and Training (ABET) Level 4 Examinations
GN 919/GG 23590/05-07-2002
Transformation and restructuring : a new institutional landscape for higher education
GN 855/GG 23549/21-06-2002
Electricity
Licence fees payable by licences generators of electricity
No 883/GG 23532/28-06-2002
Environment
Invitation to apply for permits to establish whale watching business from a vessel in certain areas
GenN 1171/GG 23592/03-07-2002
ICASA
Note that a committee to administer and facilitate the licensing process of the second national operator (SNO) and evaluate applications has been established
GenN 1196/GG 23609/05-07-2002
Minerals and Energy
Amendments to the Mine Health and Safety Council Constitution
GN R 906/GG 23585/02-07-2002
Public Enterprise
Conversion of Eskom into Eskom Holdings Limited
With effect from 01-07-2002
GenN 1048/GG 23561/28-07-2002
Public Finance
Interest rate for debt owing to the state - 15,5% per annum
With effect from 01-07-2002
GenN 1051/GG 23565/27-07-2002
Radio
Application - temporary community sound broadcasting and signal distribution licence - Radio Maritzburg Trust
GenN 1101/GG 23582/01-07-2002
SAQA
Guidelines for monitoring and auditing of education and training quality assurance bodies
GN 911/GG 23589/05-07-2002
Tax
Amendment of Sch.1 to the South African Revenue Service Act 34 of 1997
Proc R 58/GG 23600/05-07-2002

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  Consumer Price Index 

May 2002 = 114,6
GN 1004/GG 23532/28-06-2002

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 RECENT JOURNAL ARTICLES OF INTEREST 

  Butterworths Property Law Digest 
Credit management in the property industry
Jonathan Smith
BPLD - 2002 June, v.6(2), p.3
Transfer duty and the 2002 budget announcement
BPLD - 2002 June, v.6(2), p.8
A trust instrument given to the operation of CPAs
Maria Ria Nonyama
BPLD - 2002 June, v.6(2), p.11
Case updates
BPLD - 2002 June, v.6(2), p.19
Legislative updates
BPLD - 2002 June, v.6(2), p.23

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  De Rebus 
A question of language [pt.1]
A statement by the Editorial Committee
DR - 2002 July, p.2
(http://www.derebus.org.za/current/editorial/editorial.htm)
Letters
DR - 2002 July, p.3  (http://www.derebus.org.za/current/letters/index.htm)
Black languages and the South African courts [pt.2]
Opinion
DR - 2002 July, p.5
(http://www.derebus.org.za/current/letters/opinion2.htm)
A question of language [pt.3]
LSSA postpones decision on De Rebus language policy
DR - 2002 July, p.8
(http://www.derebus.org.za/current/news/decision.htm)
International outrage at arrest of Zimbabwe Law Society leaders
DR - 2002 July, p.9 (http://www.derebus.org.za/current/news/outrage.htm)
Legal bodies also concerned at 'threat to Malawi democracy'
DR - 2002 July, p.9
(http://www.derebus.org.za/current/news/malawi.htm)
Nadel AGM focuses on harmonisation and globalisation
DR - 2002 July, p.10
(http://www.derebus.org.za/current/news/agm.htm)
Omar calls on lawyers to place public good before individual rights
DR - 2002 July, p.11
(http://www.derebus.org.za/current/news/good.htm)
What a learnership contract can do for you
DR - 2002 July, p.12
(http://www.derebus.org.za/current/news/contract.htm)
In brief
DR - 2002 July, p.14
(http://www.derebus.org.za/current/news/brief.htm)
People and practices
DR - 2002 July, p.16
(http://www.derebus.org.za/current/people/index.htm)
Protection of prisoners of war : a simplified summary of the main provisions of the Geneva Conventions and a consideration of the status of captured Taliban fighters and the changing armed conflict in Africa
Patricia Goliath
DR - 2002 July, p.18
(http://www.derebus.org.za/current/articles/protection.htm)
Die nalatige "bloedige hand"
P G Jonker
DR - 2002 July, p.22
(http://www.derebus.org.za/current/articles/nalatige.htm)
Money laundering legislation pt.2 : is South Africa' money laundering legislation an 'assault' on the attorney-client relationship and on the independence of the profession?
Bert Bester
DR - 2002 July, p.26
(http://www.derebus.org.za/current/articles/laundering.htm)
Continuing legal education is all around you
Practice Management
DR - 2002 July, p.32
(http://www.derebus.org.za/current/pracman/pracman.htm)
Step-by-step credit records : wiping the slate clean
Practice Notes
DR - 2002 July, p.34
(http://www.derebus.org.za/current/step/step.htm)
The law reports
DR - 2002 July, p.34
(http://www.derebus.org.za/current/lawrep/index.htm)
Civil procedure and costs
DR - 2002 July, p.43
(http://www.derebus.org.za/current/lawrep/civil.htm)
Recent Constitutional cases
DR - 2002 July, p.45
(http://www.derebus.org.za/current/lawrep/recent.htm)
New legislation
DR - 2002 July, p.49
(http://www.derebus.org.za/current/update/newleg.htm)
Employment law update
DR - 2002 July, p.50
(http://www.derebus.org.za/current/update/employment.htm)
Tax law update
DR - 2002 July, p.52
(http://www.derebus.org.za/current/update/tax.htm)
Property law update
Who may sue?
DR - 2002 July, p.52
(http://www.derebus.org.za/current/update/property.htm)
Sectional title registers
DR - 2002 July, p.52
(http://www.derebus.org.za/current/update/property2.htm)
Books for lawyers
DR - 2002 July, p.56
(http://www.derebus.org.za/current/books/index.htm)

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  Employment Law 
Blueprint for a new Court
Editorial
Employment Law - 2002 June, v.18(3), p.3
Death of a salesperson : Act II
Employment Law - 2002 June, v.18(3), p.4
A twist on transfers : LAC reinterprets Section 197
Employment Law - 2002 June, v.18(3), p.9
Workplace racism : no room for tolerance
Employment Law - 2002 June, v.18(3), p.15
Licensing HIV tests : consent is the key
Employment Law - 2002 June, v.18(3), p.20
Case roundup : latest judgments and awards

Operational requirements are not enough to justify the dismissal of an employee in response to a demand from the employer’s clients

Age discrimination - Rubenstein v Price’s Daelite (Pty) Ltd [2002] 5 BLLR472 (LC)

Forced dismissal - Mnguni v Imperial Truck Systems s (Pty) Ltd t/a Imperial Distribution (2002) 23 ILJ 492(LC)

Proof of dismissal - Camps/South African Express Airways (Pty) Ltd [2002] 5 BALR 487 (CCMA)

Dismissal for misconduct - NUMSA and others v Lumex Clipsal (Pty) Ltd [2002] 6 BLLR 510 (LAC)

Nothing prevents a constructive dismissal from being declared automatically unfair if the circumstances so dictate
Automatically unfair
- CEPPWAWU & Another v Glass & Aluminium 2000 CC [2002] 5 BLLR 399 (LAC)

Reviews
City of Johannesburg (Midrand Administration ) v Bean NO & Others [2002] 5 BLLR 416 (LC)
An employer must grant an absconding employee a hearing only if that employee tenders services
Lebowa Platinum Mines v CCMA & Others [2002] 5 BLLR 429 (LC) ;
Madonsela v CCMA & Others [2002] 5 BLLR 440 (LC)
;
MMMJN Supermarket CC t/a Riverside Spar v Collins & Others [2002] 5 BLLR 442 (LC)

Employees may strike over a unilateral amendment to their terms and conditions of services from the moment the employer proposes the change
Strikes - Rustenburg Base Metal Refineries v NUM & Others [2002] 6 BLLR 586 (LC)

Unilaterial variation - MWASA & Others v Independent Newspapers (Pty) Ltd [2002] 5 BLLR 452 (LC)

Employment Law - 2002 June, v.18(3), p.23

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  Juta's Business Law 
A wake-up call for Close Corporation members : reckless trading and responsibility when approving financial statements
Kathleen van der Linde
JBL - 2002, v.10(1), p.2
An unlawful cab ride : passing-off and unlawful competition in the motor industry
Wim Alberts
JBL - 2002, v.10(1), p.5
The beginning of the end : does the discharge of a provisional liquidation order end a concursus creditorium?
Alastair Smith
JBL - 2002, v.10(1), p.9
Mountains promised, molehills delivered : mediation in the Family Court
Mohamed Parker
JBL - 2002, v.10(1), p.13
Drinking on duty : does it justify dismissing an employee?
Marliese van Jaarsveld
JBL - 2002, v.10(1), p.16
The court's discretionary power flying high : the Labour Court on lifting the corporate veil
Willem Steyn
JBL - 2002, v.10(1), p.22
Share repurchases : an amendment of a procedural requirement has wider implications
Kathleen van der Linde
JBL - 2002, v.10(1), p.27
Attorneys beware : the hazards of allowing a third party to deposit a cheque into attorneys' trust cheque account
Jopie Pretorius
JBL - 2002, v.10(1), p.29
The Competition Act and franchising : some issues surveyed
Bruce Lister
JBL - 2002, v.10(1), p.32
An old debate continued : lease rent is not payable in something other than money or fruits
Alastair Smith
JBL - 2002, v.10(1), p.37
Recent developments in company law : two statutes, and cases on company names, piercing the corporate veil, and shares
Michele Havenga
JBL - 2002, v.10(1), p.40

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  South African Law Journal 
Reminiscences of Bench and Bar mainly of the Free State
edited by P M Nienaber and Ellison Kahn
SALJ - 2002, v.119(2), p.223
Producing competent graduates : the primary social responsibility of law schools
Kate O'Regan
SALJ - 2002, v.119(2), p.242
The case of the phantom contract
J S McLennan
SALJ - 2002, v.119(2), p.250
When a third party 'cannot reasonably know' that a spouse's consent to a contract is lacking
L Steyn
SALJ - 2002, v.119(2), p.253
The general enrichment action cometh
Daniel Visser and Andrew Purchase
SALJ - 2002, v.119(2), p.260
Vicarious admissions and Section 3 of the Law of Evidence Amendment Act 45 of 1988  - Makhathini v Road Fund
Carlo Monteiro
SALJ - 2002, v.119(2), p.270
The test for the registrability of rights : what is the law after the Cape Explosive Works?
Ntusi Mbondla
SALJ - 2002, v.119(2), p.277
Self-defence : the 'unreasonable' reasonable man
J Neethling
SALJ - 2002, v.119(2), p.283
The legal definition of religion and its application
Gerhard van der Schyff
SALJ - 2002, v.119(2), p.288
Human reproductive cloning : a policy framework for South Africa
Donrich W Jordaan
SALJ - 2002, v.119(2), p.294
Home and the world : Lesbian and gay places in the law
Angelo Pantizis
SALJ - 2002, v.119(2), p.305
Carriage by sea : the Sea Transport Documents Act 2000 in historical and comparative perspective
Stephen D Girvin
SALJ - 2002, v.119(2), p.317
Boycotts and similar action : a comparison of German and South African law
J R Miggley, Gerhard Ring and O S Pfaff
SALJ - 2002, v.119(2), p.352
The defence of the realm : contract and natural justice
Daniel Malan Pretorius
SALJ - 2002, v.119(2), p.374
Land restitution, social justice and development in South Africa
Hanri Mostert
SALJ - 2002, v.119(2), p.400
Copyright and the WIPO Copyright Treaty : with specific reference to the rights applicable in a digital environment and the protection of technological measures
Vanessa van Coppenhagen
SALJ - 2002, v.119(2), p.429
Book Reviews
Plain legal language for a new democracy / edited by Frans Viljoen and Annelize Nienaber
Pam Watson
SALJ - 2002, v.119(2), p.453
The politics of truth and reconciliation in South Africa : legitimizing the post-apartheid state / Richard A Wilson
Marius Pieterse
SALJ - 2002, v.119(2), p.456
Lethe's Law : justice, law and ethics in reconciliation / edited by Emilios Christodoulidis and Scott Veitch
Roman David
SALJ - 2002, v.119(2), p.460
The Promotion of Administrative Justice Act benchbook / Iain Currie and Jonathan Klaaren
Hugh Corder
SALJ - 2002, v.119(2), p.463
Book notice
SALJ - 2002, v.119(2), p.466
Books received
SALJ - 2002, v.119(2), p.467

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  Tydskrif vir die Suid-Afrikaanse Reg 
Broadening access to land : the case of African rural women in South Africa
J M Pienaar
TSAR - 2002, pt.2, p.177
Recognition of the interests of bank depositors : the corporate governance dilemma (part 1)
J J de Jager
TSAR - 2002, pt.2, p.205
The treatment of trusts for income and capital gains tax purposes : the screw tightens
L Olivier
TSAR - 2002, pt.2, p.220
Codification of private international law : a comparative analysis of the German and Swiss experience
M Martinek
TSAR - 2002, pt.2, p.234
Exclusivity of ownership, security of tenure, and eviction orders : a model to evaluate South African land reform legislation
A J van der Walt
TSAR - 2002, pt.2, p.254
An exploration of the impact of a claimant's HIV/AIDS status on a personal injury claim
A G Nienaber and D van der Nest
TSAR - 2002, pt.2, p.290
Constitutionality of legislation relating to the exercise of judicial power : the Namibian experience in comparative perspective (part 1)
C Okpalupa
TSAR - 2002, pt.2, p.308
Sydelingse steun by grondstukke eenmaal anders beskou
J C Sonnekus
TSAR - 2002, pt.2, p.333
Public health, the South African Bill of Rights and the socio-economic polemic
J C Mubangizi
TSAR - 2002, pt.2, p.343
Detecting deception : the credibility of children's evidence
K Muller
TSAR - 2002, pt.2, p.352
Hospitality and the ghost
J van der Walt
TSAR - 2002, pt.2, p.362
Natural justice and convicted prisoners
G N Barrie
TSAR - 2002, pt.2, p.370
Limitation and waiver of the right for freedom of religion
G van der Schyff
TSAR - 2002, pt.2, p.376
Die handves regte en deliktuele weens verbreking van 'n statutere voorskrif
J Neetling en J M Potgieter
TSAR - 2002, pt.2, p.381
Boekbespreking
The new constitutional administrative law
v.1. Constitutional law / I Currie and J de Waal

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 NEW BOOKS 

  Pietermaritzburg Library 

Unfair dismissal
Andre van Niekerk
Siber Ink, 2002
The Promotion of Access to Information Act Commentary
Iain Currie and Jonathan Klaaren
Siber Ink, 2002

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 NEW VIDEOS 

  Pietermaritzburg Library 

The Promotion of Access to Information Act 2 of 2000
The Promotion of Administrative Justice Act 3 of 2000
Introduction to Capital Gains Tax
Danie Erasmus
Capital Gains Tax and estate planning
Danie Erasmus
Criminal procedure
Oeloff de Meier and Bill Moyses
Debt collection
Chris du Plessis and Volker Kruger
Information technology
Gavin McLachlan
Mergers and acquisitions
Michael Katz
Alternative dispute resolution
Dieter Bierman
Tax 2001
Danie Erasmus and Emil Brincker

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 NEWS ON THE ELECTRONIC FRONT 

  Recent Judgments available on the Internet 

SUPREME COURT OF APPEAL OF SOUTH AFRICA
no new judgments this week

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CONSTITUTIONAL COURT OF SOUTH AFRICA
*

18 July 2002
CCT48/01
Van der Spuy v General Council of the Bar of South Africa

5 July 2002
CCT15/02
Minister of Health and others v Treatment Action Campaign and others

5 July 2002
CCT9/02
Minister of Health and others v Treatment Action Campaign and others

5 July 2002
CCT8/02
Minister of Health and others v Treatment Action Campaign and others

See various news items below


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LABOUR COURTS OF SOUTH AFRICA
no new judgments this week

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LAND CLAIMS COURT OF SOUTH AFRICA

12 July 2002
LCC62R/02
Osler v Nhlapo and others
Automatic review under s19(3) of Extension of Security of Tenure Act, 1997 - settlement agreement made order of court - agreement failed to provide for eviction date s12(1)(b) - respondent might by long term occupier -magistrate failed to enquire whether rights were willingly waived - costs order should not be term of agreement - Court set settlement order aside - remit matter to magistrate.

10 July 2002
LCC61R/02
Malan v Bailey and another
Extension of Security of Tenure Act, 1997 - review in terms of s19(3) - insufficient information pertaining to termination of right of residence - no explanation what constituted fundamental breach of relationship - eviction order set aside with leave to renew on the same papers.

2 July 2002
LCC55R/02
Drumearn (Edms) Bpk v Wagner and others
Automatic review under s19(3) of Extension of Security of Tenure Act, 1997 - cannot grant eviction order against occupiers who have left farm - leave to approach court on same papers if they return - .fourth respondent deemed occupier under s 3(2)(b) - deemed long term occupier - third and fifth respondents entitled to say with fourth respondent - eviction order set aside.


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  Documents now available on the Internet 

South Africa Government Online
Acts
Loss or Retention of Membership of National and Provincial Legislatures Act 22 of 2002
Constitution of the Republic of South Africa Second Amendment Act 21 of 2002
Local Government : Municipal Structures Amendment Act 20 of 2002
Constitution of the Republic of South Africa Amendment Act 18 of 2002
Bills
Road Accident Fund Bill [B27-2002]
Taxation Laws Amendment Bill [B26-2002]
Loss or Retention of Membership of National and Provincial Legislatures Bill [B25-2002]
Loss or Retention of Membership of National and Provincial Legislatures Bill [B25A-2002 (SC)]
Loss or Retention of Membership of National and Provincial Legislatures Bill [B25B-2002]

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  Useful links and other snippets 

Engineering and Mining World
a website that includes relevant legislation

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Science, optics and you
View the Milky Way at 10 million light years from the Earth. Then move through space towards the Earth in successive orders of magnitude until you reach a tall oak tree just outside the buildings of the National High Magnetic Field Laboratory in Tallahassee, Florida. After that, begin to move from the actual size of a leaf into a microscopic world that reveals leaf cell walls, the cell nucleus, chromatin, DNA and finally, into the subatomic universe of electrons and protons

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Websites related to female circumcision

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Websites related to traditional initiation schools
  • Traditional Circumcision Bill, 2001 - Eastern Cape province
    To provide for the observation of hygienic standards in the performance of traditional circumcision; to provide for issuing of permission for the performance of a circumcision operation and the holding of a circumcision school; and to provide for matters incidental thereto
  • Traditional v/s clinical circumcision : the case of Bolobedu District in the Northern Province / H G Matjeke, Environmental Health Officer, Kgapane Hospital, Northern Province
  • Press Statement on the Provincial Traditional Circumcision School Indaba
    The Northern Province passed the Circumcision Schools Act in 1996 to address the need to regulate some of our traditional and cultural practices, particularly circumcision. The intention was to ensure that the preservation and promotion of our cultural heritage and indigenous traditions come to terms with the needs of the dynamic and ever changing society of today, and above all, not be to the detriment of our people

See various news items below


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Astalavista
"the largest security archive on the net that is completely free of advertising"

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TriNations website

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  News on the Net 

Ananova
Museum plea for hackers as password is buried with worker
A Norwegian museum is appealing for computer hackers to help crack the password to its electronic library.  The worker who set up the archive of 1,600 books and documents died without revealing the password

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Business Day
E-bill heralds new way of doing business - 15 July
The Electronic Communications and Transactions Bill has been passed by Parliament and is now awaiting signature by the president. When the bill comes into effect, it will profoundly affect the way that we do business
Making hackers' lives difficult - 27 June
ZZZZZ and qwerty do not make sensible passwords for accessing your computer. Nor does your partner's name or a silly pet name, but a huge number of careless people think they do
Companies must have measures to deal with sexual harassment - 2 July
The R11,8m lawsuit brought against Nasionale Pers by one of its employees recently should ring alarm bells for companies that do not have sufficient protection in place against sexual harassment
Instant fines on horizon for drivers - 9 July
Not only are SA motorists under pressure to convert old-style driving licences into the new plastic card version, but soon they could also see those cards used to issue them with instant roadside fines

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Business Report
Lawyers petition Mbeki over e-commerce bill - 12 July
The Information Technology Lawyers' Forum petitioned President Thabo Mbeki to sign into law only certain sections of the controversial e-commerce bill, or send it back to parliament for redrafting as a whole
Sapref may face legal action - 12 July
The Ethekwini municipality is pursuing the possibility of legal action against Sapref and has applied to the director of public prosecution to lay charges under the Occupational Health and Safety Act

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Financial Times
Right to trial by jury set for axe in shake-up - 17 July
The automatic right to trial by jury will be axed in up to 100 cases a year, under plans to reform the criminal justice system being unveiled by David Blunkett.  In the wake of the spending review settlement, the Home Office is publishing its blueprint for criminal justice reform for the next decade. The upheaval is designed to address concerns that flaws in the system are letting too many criminals off the hook

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Independent
Jobs for the boys? Look out, the women are fighting back - 26 June
To have served your company loyally for 11 years only to discover that your bosses are secretly paying a junior colleague £700,000 more in bonuses must be galling
Learn German or you're out, Austria tells immigrants - 10 July
Foreigners in Austria will be forced to learn German or face deportation, under new legislation

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Independant Online (IOL)
Black lawyers pull out of 'racist' society - 9 July
The Black Lawyers Association has pulled out of the Law Society of South Africa, accusing it of racism
No floor-crossing until August, court rules - 4 July
United Democratic Movement leader Bantu Holomisa welcomed a Constitutional Court order suspending defection legislation until the Constitutional Court has deliberated on the validity of the new law
TAC team lauds 'lifesaving' Concourt ruling - 5 July
The Constitutional Court's judgment denying the government leave to appeal against a high court order compelling it to provide anti-Aids drugs in state hospitals, would save lives, senior counsel for the Treatment Action Campaign (TAC) said
'Please sterilise my disabled daughter' - 9 July
A Stellenbosch mother has taken the first step in the Cape High Court on Tuesday to have her 13-year-old mentally handicapped daughter sterilised.  The woman says the Sterilisation Act of 1998 does not make provision for her daughter
Sexual harassment costs firms dearly - 13 June
Former premier Peter Marais's alleged sexual harassment of co-workers has put the issue of sexual misconduct firmly in the spotlight, and research reveals the problem is widespread and insidious

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IT Web
Interception Bill changed, delayed - 28 June
The Interception and Monitoring Bill, a controversial piece of legislation that has been languishing in Parliament since last year, has been delayed further as Cape Town finds itself concentrating on various battles around crossing-the-floor legislation

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Law.com
* Search engine showdown - 24 June
Although many consider Google the best search engine around, newer engines, offering refinement suggestions and friendly features, are useful alternatives for lawyers

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Legalbrief
Fifteenth Annual Labour Law Conference : report

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Mail and Guardian
Can black judges contribute new perspectives to the law? - 5 July
Apart from the imperative of building a judiciary that represents more completely the demographic character of this country, what is meant when we talk of transformation
Zimbabwe judge on the carpet for 'abuse of office' - 4 July
The Zimbabwean government plans to order a probe into the conduct of a white judge who last week ordered the arrest of the country's justice minister for contempt of court, the state-run Herald said
Court rules for nevirapine - 5 July
The Constitutional Court denied the government leave to appeal against a high court order compelling it to provide anti-Aids drugs in state hospitals
24 dead after SA's circumcision season - 15 July
South Africa's initiation season ended at the weekend with a gruesome toll of 24 deaths reported to police and more than 100 teenagers hospitalised with gangrene and septicaemia after botched circumcisions and severe beatings
Police say initiate (77) was bludgeoned to death - 10 July
The death of a 77-year-old-man at a Mafikeng initiation school was caused by severe beatings, North West police said
Jail term for Zimbabwe's Justice Minister - 19 July
Zimbabwe's high court has sentenced Justice Minister Patrick Chinamasa to three months in jail for failing to appear in court to answer charges of contempt of court
Iran's suffering wives turn to murder - 8 July
"Husband killing is a new phenomenon in Iran's male-dominated society. It means economic hardships and social crises are reaching a crisis point," said sociologist Mohammad Ahmadi

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Natal Witness
Black lawyers pull out of law society - 8 July
The Black Lawyers' Association (BLA) has decided to pull out of the Law Society of South Africa because they were denied funding for a legal education centre
Premier halts meetings of KZN cabinet - 19 July
Governance of KwaZulu-Natal could soon be teetering toward collapse following a unilateral decision by IFP Premier Lionel Mtshali to suspend all cabinet meetings pending the Constitutional Court's pronouncement on the constitutionality of the floor-crossing legislation
Confusion over suspension of defection law - 5 July
Confusion prevails in KZN's political circles about the Constitutional Court order on Thursday which has suspended defection legislation until the Constitutional Court has deliberated on its validity. The hearing argument on the constitutionality of the floor-crossing has been postponed until August 6
Ailing mum kept alive for birth - 11 July
A fierce court battle has begun over the care and supervision of a two-month-old boy, whose mother was dying of cancer and kept alive artificially until the child was born
Five children charged with rape - 11 July
One of the issues that arises in child rape cases where a child is the perpetrator is that the child is exposed to parental sex, said the Director of Lifeline and Rape Crisis Debbie Harrison
Abused wife jailed for arranging husband's death - 10 July
A Pietermaritzburg High Court judge said the court cannot say without a doubt that a woman - who has her honours in social science and a nursing degree - did not pay an inyanga (traditional healer) R15 000 to have her husband killed so that she would benefit from his insurance policies
Woman paedophile sentenced - 10 July
A young Dutch woman paedophile who sexually abused two boys and a girl during a sport coaching programme at Clanwilliam was effectively sentenced to six years' imprisonment
Degrees fakers face charges - 8 July
The widespread nature of fake degree documentation has forced several South African universities to consider prosecuting applicants who use forged documentation from their institutions

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News24.com
Magistrates to work for free on Saturdays? - 16 July
Regional magistrates have been asked to make their services available free of charge for Saturday courts, the Association of Regional Magistrates of SA (Armsa) said
State accepts Aids ruling - 7 July
Government accepted the ruling of the Constitutional Court on the provision of nevirapine to prevent mother-to-child transmission of HIV
Minority parties welcome ConCourt ruling - 4 July
Most minority parties welcomed the Constitutional Court's decision on Thursday to postpone the implementation of defection legislation until it had decided on the new law's constitutionality
Govt concerned about dog attacks - 18 July
The recent spate of attacks by vicious dogs on innocent people was cause for concern, the justice and constitutional development ministry said in a statement

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Outsourcing Center
Emerging trends in outsourcing : a legal perspective - July
Outsourcing is not a new phenomenon, but it continues to evolve. Some notable trends are emerging. Each of these trends raises a number of interesting challenges for the business, technical and legal teams that are tasked with closing the deal. This article highlights some of the more interesting challenges from a legal perspective

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Sunday Times
Reparation issue needs political solution - 7 July
Taking foreign banks and businesses to court makes a mockery of truth and reconciliation, writes Hlengiwe Mkhize, a former commissioner at the Truth and Reconciliation Commission and chairman of its reparations committee
Human rights triumph as state loses Aids battle - 7 July
In the celebrations over this week's landmark judgment that HIV/Aids drugs must be provided at state birthing institutions, it should not be forgotten that 40 000 babies were unnecessarily exposed to the suffering of the disease because of government's delay tactics
Judge tells cellphone network to track teen - 7 July
A High Court judge has ordered a cellular network to provide details of the whereabouts of a "rebellious" daughter who left home without her parents' consent

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Sydney Morning Herald
Judges get chance for on-the-job learning - 12 July
In an Australian first, judges are being given the opportunity of going back to school.  The National Judicial College has been established to educate judges on matters such as gender and cultural awareness, how to deal with child witnesses and helping people for whom English is a second language
Sex abuse trials a bad joke, say children - 17 July
Most children in NSW who report sexual abuse to the authorities end up feeling it was not worth going through the court case, a damning report on the justice system says

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TechNews
Web divorce : breaking up is easy to do - 16 July
The honeymoon is over.  The flowers, the dress, the caterers, the invitations and everything else you bought seem to have been a waste. The marriage is over, and you are ready to throw away those his-and-hers towels.  Now you're ready to click

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Washington Post
Court backs Danish papers' linking ban - July
Challenging the World Wide Web's fundamental premise of linking, a Danish court ordered an Internet news service to stop linking to Web sites of Danish newspapers

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Wired News
Norway says no way to Microsoft - 16 July
The Norwegian government has joined a growing number of countries in what appears to be a budding public sector revolt against Microsoft's market dominance

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