NOTICE BOARD
  E-DELIVERY OF
    INFORMATION
  RESOURCES
READING ROOM
                 FAQs
           ABOUT US
               LINKS
         SEARCH
KWAZULU-NATAL 
    LAW SOCIETY
noticeboardpic.gif (1810 bytes) Notice Board   space.gif (821 bytes)

Issue no.23 - 2 September 2002

 


 Contents 

Government Gazette Update
Acts
Bills and Draft Bills
White Paper
General Notices
Proclamations
Board Notices
Recent Journal Articles of Interest
De Jure
De Rebus
Employment Law
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
E-Tips
Virus Alerts

A rather spectactular cyber-illusion
the original is at http://www.aerotestsvc.com/manufacturing.html
or click on the image


 

 GOVERNMENT GAZETTE UPDATE 

 Acts 

Higher Education Amendment Act 23 of 2001
GG 22808/02-11-2001
Animal Health Act 7 of 2002
GG 23675/30-07-2002
Performers Protection Amendment Act 8 of 2002
GG 23555/25-06-2002
Copyright Amendment Act 9 of 2002
GG 23556/25-06-2002
Basic Conditions of Employment Act 11 of 2002
GG 23539/24-06-2002
Labour Relations Amendment Act 12 of 2002
GG 23540/24-06-2002
Media Development and Diversity Agency Act 14 of 2002
GG 23541/24-06-2002
Land and Agricultural Development Bank Act 15 of 2002
GG 23506/10-06-2002
National Railway Safety Regulator Act 16 of 2002
GG 23712/05-08-2002
Constitution of the Republic of South Africa Amendment Act 18 of 2002
GG 23542/20-06-2002
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002
GG 23676/30-07-2002
Consitution of the Republic of South Africa Second Amendment Act 21 of 2002
GG 23544/21-06-2002
Local Government : Municipal Structures Amendment Act 20 of 2002
GG 23543/20-06-2002
Loss or Retention of Membership of National and Provincial Legislation Act 22 of 2002
GG 23545/20-06-2002
Private Security Industry Levies Act 23 of 2002
GG 23677/30-07-2002
Electronic Communications and Transactions Act 25 of 2002
GG 23706/02-08-2002
Commencement date : 30-08-2002
[In terms of Regulation 68 of 2002 signed by the President, the Electronic Communications and Transactions Act 25 of 2002 came into operation on Friday 30 August 2002]
Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002
GG 23642/18-07-2002
With effect from 16-08-2002
Appropriation Act 29 of 2002
GG 23643/18-07-2002
Taxation Laws Amendment Act 30 of 2002
GG 23709/05-08-2002
www.sars.gov.za/legislation/acts/2002/ACT30-02.PDF

Explanatory memoranda
Taxation Laws Amendment Bill 26 of 2002
www.sars.gov.za/legislation/bills_memos/memos/2002/explanatory_memorandum_amendment_bill_26_2002.pdf 

Health donations Fund Repeal Act 31 of 2002
GG 23678/31-07/2002

top

 Bills and Draft Bills 

National Ports Authority Bill (Draft)
GG 23594/12-07-2002
Communal Land Rights Bill
GG 23740/14-08-2002
Insurance Amendment Bill
GG 23736/13-08-2002
Special Pensions Amendment Bill
GG 23735/13-08-2002
Development Bank Amendment Bill
GG 23587/01-08-2002
Disestablishment of South African Housing Trust Limited Bill
B 3C-202
B 3D-2002
Insolvency Amendment Bill
B 14A-2002
B 14B-2002
Mineral and Petroleum Resources Development Bill
B 15B-2002
B 15D-2002
Constitution of the Republic of South Africa Second Amendment Bill
B 17C-2002
B 17D-2002
Local Government : Municipal Structures Amendment Bill
B 22A-2002
B 22B-2002
South African Maritime and Aeronautical Search and Rescue Bill
B 23A-2002
B 23B-2002
State Information Technology Agency Amendment Bill
B 24A-2002
B 24B-2002
Loss or Retention of Membership of National and Provincial Legislatures Bill
B 25-2002
B 25A-2002
B 25B-2002
Taxation Laws Amendment Bill 26 of 2002
Explanatory memoranda
www.sars.gov.za/legislation/bills_memos/memos/2002/explanatory_memorandum_amendment_bill_26_2002.pdf 
Road Accident Fund Amendment Bill
B 27-2002
Collective Investment Schemes Control Bill
B 28-2002
Export Credit and Foreign Investments Insurance Amendment Bill
B 29-2002
B 29A-202
B 29B-2002
Higher Education Amendment Bill
B 30-2002
Education Laws Amendment Bill
B 31-2002
Corporate Laws Amendment Bill
B 32-2002
Broadcasting Amendment Bill
B 34-2002
Constitution of the Republic of South Africa Third Amendment Bill
B 33-2002
Special Pensions Amendment Bill
B 35-2002
National Conventional Arms Control Bill
B 50D-2002
South African Revenue Service Amendment Bill
B 36-2002
Medical Schemes Amendment Bill
B 37-2002
Financial Advisory and Intermediary Services Bill
B 52A-2001
B 52B-2001

Defence Bill
B 60B-2001

top

 White Paper 

White Paper on the National Commercial Ports Policy
GG 23715/08-08-2002

top

 General Notices 

Department of Labour
Basic Conditions of Employment Act 1997
Regulations Amendments
R 936/GG 23610/25-07-2002
Basic Conditions of Employment Act 75 of 1997
Sectoral Determination 7 : Domestic Worker Sector
GG 23732/15-08-2002
Employment Equity Act 1998
Code of Good Practice ;  Key Aspects on the Employment of People with Disabilities
GG 23702/19-08-2002
Changes to Gazette Number 23702 in Gazette 23718/19-08-2002
Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002
Regulations
GG 23761/16-08-2002
Department of Trade and Industry
Usury Act 1968
The Annual Finance charge rates determined in terms of Section 2(1), (2) and (3) of the Usury Act
No.819/GG 23512/12-06-2002
Department of Water Affairs and Forestry
National Water Act 36 of 1998
Invitation to submit written comments on the proposed National Water Resource Strategy in terms of Section 5(5)(a)(iii) of the National Water Act
GG 23711/08-08-2002
ICASA
Issue of Licence in terms of Section 37(1) of the Telecommunications Act to provide National Mobile Cellular Telecommunications Service
Issued to Vodacom
GG 23760/19-08-2002
National Treasury
Pension Funds Act 24 of 1956
Amendment of Prescribed Fees
R 1037/GG 23689/01-08-2002
SARS
Determination of Interest Rate for purpose of Paragraph (a) of the Definition of "official rate of interest" in Paragraph 1 of the 7th Schedule to the Income Tax Act of 1962
Rate fixed at 13,5 percent with effect from 01-09-2002
No.1018/GG 23661/02-08-2002
Regulations made under Section 12G(7) of the Income Tax Act of 1962
GG 22848/21-11-2002
Department of Minerals and Energy
Verification of existing Mineral Resource Management Information to be captured on the National Mining Promotions System for the Department of Minerals and Energy
Notice 1328/GG 23680/26-07-2002

top

Proclamations 

Marketing of Agricultural Products Amendment Act 52 of 2001
With effect from 23-08-2002
Judicial Matters Amendment Act 62 of 2002
With effect from 21-06-2002
GG 23548/21-06-2002
Basic Conditions of Employment Amendment Act 11 of 2002
With effect from 01-08-2002
Media Development and Diversity Agency Act 14 of 2002
With effect from 08-07-2002

top

 Board Notices 

Financial Services Board Act of 1990
Levies of Financial Institutions
GG 23510/11-06-2002
Stock Exchange Control Act
Amendment of the Rules of the JSE Securities Exchange of South Africa
Proposed amendments to Section 2 - Interpretations and Definitions
GG 23661/02-08-2002

top

 

 RECENT JOURNAL ARTICLES OF INTEREST 

 De Jure 
Judge of Appeal Robin Marais
Personalia
DJ - 2002, v.1(35), p.iii
The Constitutional Court of the Czech Republic : an introduction for South African lawyers
Frans Viljoen
DJ - 2002, v.1(35), p.1
Die aankoop van 'n aparte vruggebruik en blooteiendom on hereregte te bespaar
M C van der Berg en M J Ferreira
DJ - 2002, v.1(35), p.15
Die verweer van lokvinkbetrapping in 'n regstaat : opmerkinge oor die staatsregtelike onderbou van die strafreg
J M T Labuschagne
DJ - 2002, v.1(35), p.25
The Constitutional right of prisoners in South Africa : a critical review
John C Mubangizi
DJ - 2002, v.1(35), p.42
Evaluering van die assessorestelsel in die Landdroshowe
S S Nel
DJ - 2002, v.1(35), p.65
The operation of the presumption of innocence and its role in bail proceedings under Canadian and South African Law. Part 1
Wium de Villiers
DJ - 2002, v.1(35), p.92
Die gemeenregtelike "beskerming" van artikels wat 'n eieaard vertoon
A P S van der Merwe
DJ - 2002, v.1(35), p.109
Hipoteek, insolvensie, verryking en retense : verwarring par excellance?
J C Sonnekus
DJ - 2002, v.1(35), p.122
Dwang en die ontoereikendheid van die toestemmingsbegrip by die omskrywing van geslagsmisdade
J M T Labuschagne
DJ - 2002, v.1(35), p.139
Dood en hertroue as beeindigingswyses van onderhoudsbevele tussen eggenotes ingevolge die Wet op Egskeiding 70 van 1979
L Neil van Schalkwyk
DJ - 2002, v.1(35), p.144
Recent case law
Mia v DJL Properties (Waltloo) (Pty) Ltd 2000 4 SA 220(T)
D J Lotz
DJ - 2002, v.1(35), p.157
S v Rautenbach 2001 1 SACR 521(SCA)
P A Carstens
DJ - 2002, v.1(35), p.163
S v Nqumashe 2001 2 SACR 310(NKA)
D J L Kotze
DJ - 2002, v.1(35), p.168
Sempapalele v Sempapalele 2001 2 SA 306(O)
L Neil van Schalkwyk
DJ - 2002, v.1(35), p.170
Thoroughbred Breeders' Association of South Africa v Price Waterhouse Case no 416/99(SCA)
R B Mqeke
DJ - 2002, v.1(35), p.176
Metiso v Padongelukfonds 2001 3 SA 1142(T)
J M T Labuschagne en C J Davel
DJ - 2002, v.1(35), p.181
Book reviews
Bail : a practitioner's guide / John van der Berg
Wium de Villiers
DJ - 2002, v.1(35), p.188
Essential social security law / E ML Strydom ... [et al]
Stella Viettori
DJ - 2002, v.1(35), p.189
Mixed jurisdictions worldwide : the third legal family / Vernon Valentine Palmer
C M A Nicholson
DJ - 2002, v.1(35), p.190
The Courts, Acts, Rules and Forms / M C J Olmesdahl
Andre Boraine
DJ - 2002, v.1(35), p.193

top

  De Rebus 
The Attorneys' Fidelity Fund at sixty
Editorial
DR - 2002 September, p.2
http://www.derebus.org.za/current/editorial/editorial.htm 
Letters
Refresher on ethics and dubious funds needed
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/refresher.htm
Law Commission has made recommendations on victim compensation
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/compensation.htm 
Magistrate replies on 'just' justice system
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/just.htm 
Afrikaans in De Rebus
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/afrikaans.htm 
Nog steeds die taalkwessie
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/nog%20steeds.htm 
Tyd vir 'n Afrikaanse prokureursorde
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/tweetalige.htm 
Large firms' 'rankings' are phoney
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/phoney.htm 
Time to investigate in duplum rule
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/investigate.htm 
Bevoegdheid van amptenare in landdroshof bevraagteken
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/amptenare.htm 
Pay the Sheriff's account!
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/account.htm 
Twice the price for the same advice
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/price.htm 
Clear up candidates' right to appear in regional court
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/right.htm 
A model prisoner
DR - 2002 September, p.3
http://www.derebus.org.za/current/letters/model.htm 
Restoring order in administration orders : 'Draft Bil should precede legislation'
DR - 2002 September, p.8
http://www.derebus.org.za/current/news/order.htm 
BLA retains its place in LSSA fold
DR - 2002 September, p.9
http://www.derebus.org.za/current/news/bla.htm 
jazzAlive at Hermanus this month
DR - 2002 September
http://www.derebus.org.za/current/news/jazz.htm 
LSSA Council backs De Rebus language policy
DR - 2002 September
http://www.derebus.org.za/current/news/policy.htm 
IBA releases scathing report on Malawi justice
DR - 2002 September, p.10
http://www.derebus.org.za/current/news/malawi.htm 
ABA President urges President Mugabe to protect lawyers
DR - 2002 September
http://www.derebus.org.za/current/news/aba.htm 
IBA offers free training course for young lawyers
DR - 2002 September
http://www.derebus.org.za/current/news/free%20training.htm 
David v Goliath Ltd at Durban IBA Conference
DR - 2002 September
http://www.derebus.org.za/current/news/david.htm 
SA attorneys attend US personal injury conference
DR - 2002 September, p.11
http://www.derebus.org.za/current/news/conference.htm 
Bar elects new leadership
DR - 2002 September, p.12
http://www.derebus.org.za/current/news/gcb.htm 
PLT exhibits at Northern Provinces Law Society Legal Fair
DR - 2002 September
http://www.derebus.org.za/current/news/plt.htm 
Pietermaritzburg attorneys accept golf challenge
DR - 2002 September
http://www.derebus.org.za/current/news/golf.htm 
Gacaca : justice on grass in Rwanada
Deirdre Stoelzle
DR - 2002 September, p.13
http://www.derebus.org.za/current/news/Gacaca.htm 
A passion for justice. De Rebus interview
Deputy Minister of Justice and Constitutional Development Cheryl Gillwald talks to De Rebus Deputy Editor Barbara Whittle about the Legal Practice Bill, the challenges she faces at the Justice Department and her admiration for the Constitution
DR - 2002 September, p.14
http://www.derebus.org.za/current/articles/passion.htm 
People and practices
DR - 2002 September, p.18
http://www.derebus.org.za/current/people/index.htm 
The Extension of Security of Tenure Act : requirements for a probation officer's report
Johan van der Merwe
DR - 2002 September, p.20
http://www.derebus.org.za/current/articles/tenure.htm 
Pyn sonder end? : Artikel 74 administrasies
Sarita Lubbe en Chris du Plessis
DR - 2002 September, p.26
http://www.derebus.org.za/current/articles/pyn.htm 
Trusts and Capital Gains Tax
Deidre Pieterse
DR - 2002 September, p.29
http://www.derebus.org.za/current/articles/cgt.htm 
Profit sharing and performance evaluation : some thoughts. Practice management
Vincent Faris
DR - 2002 September
http://www.derebus.org.za/current/pracman/pracman.htm 
Step-by-step guide to drawing settlement agreements in divorce cases
Sholto Helman
DR - 2002 September, p.38
http://www.derebus.org.za/current/step/step.htm 
The law reports
Heinrich Schulze
DR - 2002 September
http://www.derebus.org.za/current/lawrep/lawrep.htm 
Civil procedure and costs
Andries Cilliers
DR - 2002 September, p.47
http://www.derebus.org.za/current/lawrep/civil.htm 
Recent constitutional cases
Saber Ahmed Jazbhay
DR - 2002 September, p.49
http://www.derebus.org.za/current/lawrep/recent.htm 
New legislation
Pieter and Koos Stassen
DR - 2002 September, p.51
http://www.derebus.org.za/current/update/newleg.htm 
Tax law update
Income tax : the taxation of foreign dividends
Doelie de Bruin
DR - 2002 September, p.55
http://www.derebus.org.za/current/update/tax.htm 
Employment law update
Talita Laubscher
DR - 2002 September, p.57
http://www.derebus.org.za/current/update/employment.htm 
Property law update
Conveyancers : beware the inter-vivos trust
Allen West
DR - 2002 September, p.59
http://www.derebus.org.za/current/update/property.htm 
Environmental law update
Recent case law
Terry Winstanley
DR - 2002 September, p.60
http://www.derebus.org.za/current/update/environmental.htm 
Recent articles and legal research
Henk Delport
DR - 2002 September, p.62
http://www.derebus.org.za/current/update/research.htm 
Books for lawyers
Unfair dismissal / Andre van Niekerk
Talita Laubscher
DR - 2002 September, p.64
http://www.derebus.org.za/current/books/review.htm 
Microloan debts and administration orders in futuro?
Tony Webbstock
DR - 2002 September, p.65
http://www.derebus.org.za/current/letters/debts.htm 
Time for some 'PR' for the profession
Tim Price
DR - 2002 September, p.66
http://www.derebus.org.za/current/letters/time.htm 
Selfsertifisering van prokureurs sal nie werk nie
Sarita Lubbe en Chris du Plessis
DR - 2002 September, p.66
http://www.derebus.org.za/current/letters/prokureurs.htm 

top

 Employment Law 
The municipal strike
Editorial
Employment Law - 2002, v.18(4), p.3
The new law on retrenchment : practical effects of the amendments to Sections 189 and 197
Employment Law - 2002, v.18(4), p.7
Jobs that go "bump" : fair selection for retrenchment
Employment Law - 2002, v.18(4), p.10
Unilateral change : how is it to be effected?
Employment Law - 2002, v.18(4), p.15
Case roundup
Latest judgments and awards
Employment Law - 2002, v.18(4), p.21

top

 

 NEWS ON THE ELECTRONIC FRONT 

 Recent Judgments available on the Internet 

SUPREME COURT OF APPEAL OF SOUTH AFRICA
2 September 2002
126/2001

Coetzee v Attorneys Insurance Indemnity Fund

Indemnity insurance limitation clause interpretation whether extends to costs claim of claimant operation of s156 of Insolvency Act where insured sequestrated
30 August 2002
13/2002

Papa M Mafaladiso and Others v The State
Identifikasie van meerdere verkragters - Vonnis - lewenslange gevangenisstraf.P Ndlovu v ML Ngcobo
Delivered: 30 August 2002 (240/2001) (136/2002)
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998: its application to holding-over by ex-tenants and ex-mortgagors
30 August 2002
338/2001
The State v Thebus and Another

Reliability of evidence of identification: alibi defence approach to: sentence Criminal Law Amendment Act 105 of 1997 increase on appeal
30 August 2002
135/2000

Glofinco v ABSA Bank t/a United Bank

Estoppel - whether a bank is estopped from disputing liability when one of its branch managers, without authority to do so, guaranteed a series of post-dated cheques in the name of the bank
30 August 2002
338/2001
The State v Thebus and Another

eliability of evidence of identification: alibi defence approach to: sentence Criminal Law Amendment Act 105 of 1997 increase on appeal
* 30 August 2002
240/2001
136/2002

P Ndlovu v ML Ngcobo

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998: its application to holding-over by ex-tenants and ex-mortgagors
29 August 2002
414/2000

GA van der Westhuizen v JH Arnold

Contract implied warranty against eviction whether excluded "voetstoots en dat geen waarborge hoegenaamd gegee is of word"

top

CONSTITUTIONAL COURT OF SOUTH AFRICA

MEDIA SUMMARY

5 September 2002 at 10:00am
CCT6/02
Ingledew v Financial Services Board

top

LABOUR COURTS OF SOUTH AFRICA
no new judgments this week

top

LAND CLAIMS COURT OF SOUTH AFRICA

26 August 2002
LCC16/97
Minister of Defence and another v Khosis Community at Lohatla and others
Restitution of Land Rights Act 22 of 1994 - section 34 application that subject land not be physically restored - subject land situated on Battle Field - expensive to decontaminate, difficult to provide services - danger to life of Khosis Community living inside the Battle Field - needs of Defence Force in the interest of national security and danger to claimants balanced against right to physical restoration - application granted


top

  Documents now available on the Internet 

Department of Public Enterprises
Protocol on Corporate Governance in the Public Sector

top

Parliamentary Monitoring Group
Anti-Terrorism Bill 2002
Portfolio Committee Agriculture and Land Affairs
03 September 2002
Amendments to the Agricultural Debt Management Bill and the Deeds Registries Amendment Bill : deliberations
Arts, Culture, Science and Technology Portfolio Committee
3 September 2002
Medical Research Council on Impat of HIV/AIDSTraditional HealersVaccines : briefing
Correctional Services Portfolio Committee
3 September 2002
Briefing by the Department on Demilitarisation, Medcor and Departmental Activities
Education Portfolio Committee ;  Select Comittee on Education and Recreation : joint meeting
3 September 2002
Briefing by the Department of Education on Curriculum Development and Standards and Norms for Funding of Schools
* Justice and Constitutional Development Portfolio Committee
2 September 2002
Criminal Procedure Amendment Bill : briefingJudicial Service Commission Act Amendments : deliberations
Provincial and Local Government Portfolio Committee
3 September 2002
Disaster Management Bill : finalisation
Public Acounts Standing Committee
3 September 2002
Evaluation of Public Works Hearing
Public Enterprises Portfolio Committee
4 September 2002
Aventura Financial Management : discussion
Sport and Recreation Portfolio COmmittee
3 September 2002
United Cricket Board of South Africa on Scrapping of Quota System : briefing

NCOP COMMITTEES

Economic and Foreign Affairs Select Committee
2 September 2002
Appointment to National Gambling Board : consideration

ADHOC COMMITTEES

Powers and Privileges of Parliament Ad Hoc Committee
3 September 2002
Eighth Draft of Powers, Privileges and Immunities of Parliament and Provincial Legislatures Bill : consideration

top

 Useful links and other snippets 

Infosources Publishing
Publishers of practical reference guides and directories for legal researchers

top

International Federation of Library Associations and Institutions
Statement on Libraries and Sustainable Development

top

Ancestry.com
Finding your ancestors easily

top

CorpWatch
Holding Corporations accountable
Includes a link to the 'Green Oscars'

top

 News on the Net 

Business Day
It is not so much why you tap, but how
Parliament's justice committee has been beavering away on a critical piece of legislation the Interception and Monitoring Bill. This new law will define the rules under which the state may mess with its citizens' privacy
Judges may be forced to declare interests
Judges could soon have to make a declaration of their assets and financial interests as part of an ethical code of conduct similar to the declarations at present made by MPs
Mercantile senior managers face civil action
Mercantile Bank and its parent, Mercantile Lisbon Bank Holdings, are to go to court tomorrow to answer charges of fraud allegedly committed by one of its senior managers
Imperial gets nod for Saambou asset
Nedcor-backed bank to pay R838m for Planet Finance in a deal that is still subject to regulatory approval.  Imperial Bank, the joint venture between Nedcor and Imperial Holdings, has been selected as the preferred bidder to snap up one of the few remaining assets of failed banking group, Saambou
Andersen shuts accounting arm
After 89 years in business, Andersen on Saturday ended its role as auditor of public companies in the US.  The company now has fewer than 3000 of the roughly 28000 employees it had before the Enron scandal. The firm's startling decline has come in less than nine months
Bill could hurt smaller financial advisors - 3 September
The Financial Advisers and Intermediary Services Bill is expected to be endorsed by the National Council of Provinces today, but concerns have been raised about how many smaller brokers it could drive out of business
Incentives a possibility for housing finance bill - 6 September
Housing Minister Sankie Mthembi-Mahanyele says government will consider including incentives for banks to provide housing finance to the low-income market in a controversial new bill
Councils oppose municipal finance management bill - 6 September
The SA Local Government Association (Salga) has come out strongly against proposed constitutional amendments allowing for intervention by provincial or national government in the affairs of local authorities facing financial crises

top

Business Report
Commission to investigate SA's legal minefield - 30 August
The SA Law Commission had launched a special study into possible legislation covering the protection of privacy and data.  This could affect the Electronic Communications and Transactions Act, which many fear has the potential to compromise both the privacy of individuals and the access to personal and commercial data

top

CNet.com

Cellphones - September 2002
Whenever you're shopping for a cell phone - or any high-tech item, for that matter - it's good to know what products are on the horizon. That way, you won't end up wishing you'd waited a few weeks for that next-generation model the salesperson conveniently forgot to mention. Thus, we've come up with our handy list of release dates for cell phones, complete with photos


top

Dispatch Online
PE lawyers face arrest over road fund scam - 3 September
Prominent lawyers here who have allegedly defrauded the Road Accident Fund face arrest in the next few days

top

Financialweb

King, SARS claim victory in warm up round - 3 September
Both sides in the fight over whether or not entrepreneur Dave King should be sequestrated over his refusal to pay a R16m tax bill claimed victory on Tuesday, as the Pretoria High Court overturned an earlier motion, and ruled the case should get to a special income tax court as soon as possible


top

Independent Online (IOL)
Now the state can be sued for ineffeciency - 3 September
Government departments will no longer be able to get away with inefficiency, thanks to a court ruling that holds the government financially accountable to those who suffer loss through poor service
Special award for SA's international judge - 29 August
Judge Navanethem Pillay, president of the United Nations International Criminal Tribunal for Rwanda, was to be awarded the Woman in Law award by the Centre for Human Rights on Thursday.  The award, given in collaboration with the University of Pretoria's faculty of law, is presented to South African women who have distinguished themselves in their line of work
Unprotected magistrates courting disaster - 2 September
The country's 260 regional and district magistrates say inadequate security has made them vulnerable to criminals, both at work and when they travel to and from home
Man shoots murder accused from court gallery - 3 September
Days after the attempted assassination of a magistrate, a suspected gangster in the public gallery of the Goodwood magistrate's court has shot an accused man five times as he appeared in the dock
Police reservists may protect Cape courts - 5 September
Western Cape police reservists could soon be roped in to provide security at courts after two shootings in the past 10 days, Western Cape community safety MEC Leonard Ramatlakane told a press conference
Posh twins latest lawyers to feel RAF sting - 2 September
Two prominent East Rand lawyers have been arrested by the Scorpions for allegedly defrauding the Road Accident Fund of R20-million
Durban counts the cost of a murderous week - 31 August
Murder, rape, hostage dramas, hijackings... all violent, all bloody and all took place in the past week as Durban experienced a week of crime so brutal even police have reeled in shock
Dad slays son over 'costly school fees' - 3 September
A man in Kenya hacked his 12-year-old son to death because of unaffordable high school fees, the Daily Nation newspaper reported
Farmer's case against Mugabe under spotlight - 4 September
A Robertson farmer with property interests in Zimbabwe wants Zimbabwean president Robert Mugabe arrested and prosecuted in South Africa for alleged crimes against humanity
Blueprint to save the Earth - 4 September
This is a summary of some of the goals and targets in the plan, which is designed to make a reality the World Summit's goals of poverty eradication and environmental protection

top

Labourwise
New labour legislation : probation clarified  - 3 September
The recent amendment to the Labour Relations Act pertaining to probation has been well received by employers. The purpose and period of and the procedures to be followed during probation are clarified in Schedule 8 of the Act, as amended. But is it really easier now to dismiss an employee on probation?

top

Law.com

Respondeat Superior applies to online activity - 26 August
Internet-use policies are critical to protect employers from employees' illegal Internet acts


top

Mail and Guardian
Fundamental shift in draft terror Bill - 30 August
The controversial apartheid-style 14-day detention proposed in the initial draft anti-terrorism law has been dropped in favour of investigative hearings before a judge, according to recommendations from the South African Law Commission who have drafted a new Billl
SA's independent judiciary is safe - for now - 7 September
In last week's edition of the Mail & Guardian, Drew Forrest raised the important question of the relationship of the Constitutional Court to the executive and legislative branches of the government. To date the government has behaved commendably when it has been reversed
Cape dragging its heels over payment - 4 September
Lawyers for South African miners suffering from asbestos-related illnesses said on Tuesday they had given London-listed Cape Plc an ultimatum to pay an out-of-court settlement by September 14 or face court
Public pension money vanishes in Penta deal - 30 August
The Public Investment Commission (PIC), which administers and invests public servants' pension funds, has lost half of its R16,5-million investment in Penta, publisher of Tribute and De Kat magazines
Dr Cyborg to track UK child - 3 September
Concern over their daughter's safety, following the recent murder of two 10-year-olds, have led her parents to allow a controversial British cybernetics expert to implant a tracking device in her, British media reports said
China introduces family planning law - 1 September
China's first national family planning law took effect on Sunday, with the aim of preventing families which violate China's "one-child policy" from facing unnecessarily harsh punishment and standardising policy
UN condemns Zimbabwe over attack on magistrate - 31 August
Zimbabwean authorities broke international law by failing to protect a magistrate who refused to detain opposition members and was later assaulted by supporters of President Robert Mugabe, a United Nations expert said
l

top

McKinsey Quarterly

How to win in a financial crisis
Simple surival is the first strategy
that most managers come up with when confronting a financial crisis. The savviest managers, however, realize that a period of great uncertainty, with financial and competitive landscapes changing almost overnight, can be the ideal time to make important strategic gains
Free registration required to read article


top

Natal Witness
Anti-AZT cout bid collapses - 3 September
A landmark case in which a Ladysmith widow tried to prove that her husband was killed by the anti-Aids drug AZT has collapsed in the Court in Pietermaritzburg
KZN could lose game parks - 6 September
Ezemvelo KZN Wildlife could be stripped of its prime eco-tourist attractions, effectively crippling the organisation, should a bill be passed by Parliament allowing national government to control Ezemvelo reserves
Finance to lend a helping hand - 6 September
The KwaZulu-Natal Finance Department has stepped in to help Msunduzi Municipal manager Bheki Nene clean up the financial management of the city
New process to help employees - 6 September
An innovative provision of the amended Labour Relations Act (LRA) has forced employers to take the process of conciliation in resolving disputes more seriously
Making a difference - 5 September
Pietermaritzburg is the first city in KwaZulu-Natal to launch a gender desk in the mayor's office
Happy worker, good worker - 5 September
For most of the time since the Industrial Revolution, happy workers have been a disturbing prospect for the owners of capital. If they're happy, they're probably not working hard enough, says the old-school, capitalist response. We'll know when they're at their limits when they begin to complain or show signs of overwork.  But the new revolution in the workplace, which has been gaining pace for the past couple of decades, is the realisation that exactly the opposite may be true, that the more workers are able to integrate their work with their home and family lives, the more they may be able and prepared to give to the work place
Shack chic - 6 September
Cape Town photographer Craig Fraser spent endless hours photographing some of the smartest homes in the world, before he found true creativity and inspiration in some of the poorest.  The result is an extraordinary coffee-table book entitled Shack Chic: Art and Innovation in South African Shacklands

top

New Zealand Herald
18 months jail for killing sick wife - 29 August
A 77-year-old man who killed his wife to honour a death pact has been sentenced to 18 months in prison, with leave granted to apply for home detention

top

News.com
University to challenge copyright laws  - 4 September
Duke University's law school has received an anonymous $1 million gift to fund advocacy and research aimed at curtailing the recent expansion of copyright law. The school, which plans to announce the gift at a conference in Washington on Thursday, is using the money to fund a center focused on finding "the correct balance" between intellectual property rights and material that should be in the public domain

top

News24.com
Homeowners, tenants get same rights as squatters - 1 September
Tenants of houses or flats who fail to pay their rent and owners of houses and flats whose home loan repayments are in arrears will in future have exactly the same rights as squatters who illegally occupy a piece of land without the owner's consent
Magistrates 'soft targets' - 1 September
"Computers and improved equipment are useless if the lives of magistrates are worthless. It's time for drastic steps from the government," said Kimberley regional court president and chairperson of magistrate's court management, Magistrate Khandi Nqadala
Assassination bid gang-related? - 30 August
The motive for the attack on Cape Town magistrate Marthinus Langenhoven was by late Friday still unknown, a police spokesperson said.  Earlier on Friday a source told reporters Langenhoven was due to deliver judgment on a gang-related case
High-flying lender in court - 7 September
Rumours of parties in limousines, tog bags filled with cash in car boots and R2 million that almost went missing at a wild party has infuriated investors, creditors and employees of a country-wide micro-lending scheme

top

Q
Lesbian judge nominated for Constitutional Crt - 2 September
The Judicial Service Commission has announced the candidates for the vacancies in South Africa's top courts. The most prominent amongst these is the one hotly contested vacancy in the Constitutional Court

top

Sunday Times
Justice for all comes at heavy price - 1 September
The South African legal profession is in turmoil. There are too many lawyers for the few people who can afford them and too few lawyers for the people who cannot pay, says Edward Southey, senior partner of commercial law firm Webber Wentzel Bowens
SA law graduates get the verdict in New York - 1 September
A Wits graduate took on the New York State Board of Law Examiners over his legal education and won
Landmark case forces global warming issue - 1 September
Two environmental groups and the city of Boulder, Colorado, have taken the US government to court, claiming it illegally provided tens of billions of dollars in financing for various energy projects over the past 10 years.  The plaintiffs say the suit could be a critical first step toward compelling the government of President George W Bush to take action against global warming and protect people from its dangerous effects

top

Washington Post
'Talking' tax forms for blind developed - 30 August
A significant advance in the independence and privacy of blind people has come from what many might think an unlikely source - the Internal Revenue Service
Screening clients - 3 September
Videoconferencing is changing the way law firms are doing business

top

Yahoo News
E-mail, Net abuse tops list of 'sackable' offenses - 2 September
E-mail and Internet abuse, including the downloading of pornography, has overtaken theft of office supplies and lying to the boss as the top disciplinary action reported in the work place, a new study said

top

 

 E-TIPS 

 Virus Alerts 
Two viruses continue to dominate, albeit mutations of earlier versions well-known to most of us.  The information below was taken from the Symantec website and you are encouraged to refer to the original webpages for more details.

E-mail hoaxes abound at the moment, eg WTC Survivor (see http://securityresponse.symantec.com/avcenter/venc/data/wtc.survivor.hoax.html), but it's not worth taking a chance.  If in doubt, visit leading anti-virus software manufacturers' websites via http://www.lawlibrary.co.za/notice/index.htm

W32.Klez.H@mm
Discovered : 17 April 2002
Updated : 3 September 2002
Threat assessment : High

This is a modified variant of the worm W32.Klez.E@mm.  This variant is capable of spreading by e-mail and network shares.  It is also capable of infecting files.

This worm searches the Windows address book, the ICQ database, and local files for email addresses.  The worm sends an email message to these addresses with itself as an attachment.  The worm contains its own SMTP engine and attempts to guess at available SMTP servers.

The subject line, message bodies, and attachmetn file names are random.  The From address is randomly-chosen from email addresses that the worm finds on the infected computer.  The email message would have two attachments, the first being the worm and the second being the randomly-selected file.

The e-mail message that this worm sends is composed of "random' strings.  The subject can be one of the following :

  • Worm Klez.E immunity
  • Undeliverable mail--"[Random word]"
  • Returned mail--"[Random word]"
  • a [Random word] [Random word] game
  • a [Random word] [Random word] tool
  • a [Random word] [Random word] website
  • a [Random word] [Random word] patch
  • [Random word] removal tools
  • how are you
  • let's be friends
  • darling
  • so cool a flash,enjoy it
  • your password
  • honey
  • some questions
  • please try again
  • welcome to my hometown
  • the Garden of Eden
  • introduction on ADSL
  • meeting notice
  • questionnaire
  • congratulations
  • sos!
  • japanese girl VS playboy
  • look,my beautiful girl friend
  • eager to see you
  • spice girls' vocal concert
  • japanese lass' sexy pictures

The random word will be one of the following :

  • new
  • funny
  • nice
  • humour
  • excite
  • good
  • powful
  • WinXP
  • IE 6.0
  • W32.Elkern
  • W32.Klez.E
  • Symantec
  • Mcafee
  • F-Secure
  • Sophos
  • Trendmicro
  • Kaspersky

The body of the e-mail message is random.

This worm often uses a technique known as "spoofing." When it performs its email routine. it can use a randomly chosen address that it finds on an infected computer as the "From:" address, numerous cases have been reported in which users of uninfected computers received complaints that they sent an infected message to someone else.

For example, Linda Anderson is using a computer that is infected with W32.Klez.H@mm. Linda is not using a antivirus program or does not have current virus definitions. When W32.Klez.H@mm performs its emailing routine, it finds the email address of Harold Logan. It inserts Harold's email address into the "From:" portion of an infected message that it then sends to Janet Bishop. Janet then contacts Harold and complains that he sent her an infected message, but when Harold scans his computer, Norton AntiVirus does not find anything--as would be expected--because his computer is not infected.

Symanantec Security Response encourages all users and administrators to adhere to the following basic security "best practices":

  • Turn off and remove unneeded services. By default, many operating systems install auxiliary services that are not critical, such as an FTP server, telnet, and a Web server. These services are avenues of attack. If they are removed, blended threats have less avenues of attack and you have fewer services to maintain through patch updates.
  • If a blended threat exploits one or more network services, disable, or block access to, those services until a patch is applied.
  • Always keep your patch levels up-to-date, especially on computers that host public services and are accessible through the firewall, such as HTTP, FTP, mail, and DNS services.
  • Enforce a password policy. Complex passwords make it difficult to crack password files on compromised computers. This helps to prevent or limit damage when a computer is compromised.
  • Configure your email server to block or remove email that contains file attachments that are commonly used to spread viruses, such as .vbs, .bat, .exe, .pif and .scr files.
  • Isolate infected computers quickly to prevent further compromising your organization. Perform a forensic analysis and restore the computers using trusted media.
  • Train employees not to open attachments unless they are expecting them. Also, do not execute software that is downloaded from the Internet unless it has been scanned for viruses. Simply visiting a compromised Web site can cause infection if certain browser vulnerabilities are not patched.
W32.Nimda.A@mm
Discovered : 18 September
Updated : 19 July 2002
Threat assessment : High

W32.Nimda.A@mm is a mass-mailing worm that utilizes multiple methods to spread itself.  The name of the virus came from the reversed spelling of "admin".  The worm sends itself out by email, searches for open network shares, attempts to copy itself to unpatched or already vulnerable Microsoft IIS web servers, and is a virus infecting both local files and files on remote network shares.

Symantec has not seen any significant increase in activity due to the re-activation of the e-mailing routine after its itinitial ten day sleep period.

Symantec Security Response has posted a tool to remove infections caused by W32.Nimda.A@mm. Please go here to download the tool.

NOTE: Once a computer has been attacked by W32.Nimda.A@mm, it is possible that your system has been accessed remotely by an unauthorized user. For this reason it is impossible to guarantee the integrity of a system that has had such an infection. The remote user could have made changes to your system, including but not limited to the following:
  • Stealing or changing passwords or password files
  • Installing remote-connectivity host software, also known as backdoors
  • Installing keystroke logging software
  • Configuring of firewall rules
  • Stealing of credit card numbers, banking information, personal data, and so on
  • Deletion or modification of files
  • Sending of inappropriate or even incriminating material from a customer's email account
  • Modifying access rights on user accounts or files
  • Deleting information from log files to hide such activities
If you need to be certain that your organization is secure, you must reinstall the operating system, and restore files from a backup that was made before the infection took place, and change all passwords that may have been on the infected computers or that were accessible from it. This is the only way to ensure that your systems are safe. For more information regarding security in your organization, contact your system administrator.

top

 


Contributions to this bulletin were made by the Librarians and Information Manager of the KwaZulu-Natal Law Society and Marina Rubidge (Librarian - Jowell Glyn and Marais, Johannesburg)


 


websites:
www.lawlibrary.co.za
www.lawsoc.co.za 
 

email:
lawdbn@sai.co.za
help@lawlibrary.co.za

  telephone: 031-301 1621
033-345 1304
033-342 4064 (Pmb a/h)

 

Return to InfoUpdate Index