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Issue no.24 - 13 September 2002

 


 Contents 

News from . . .
Monetary Policy Committee - statement by Mr T T Mboweni, Governor of the South African Reserve Bank
Durban Chamber of Commerce and Industry - The Promotion of Access to Information Act and Immigration Act 2002
Government Gazette Update
Notification of publication of explanatory summaries
Draft Bills
Bills
Acts
Commencement Date
Notices
Board Notices
Promotion of Access to Information Act
Consumer Price Index
KwaZulu-Natal
Recent Journal Articles of Interest
Bureau for Mercantile Law Bulletin
South African Journal of Criminal Justice
Tydskrif vir Hedendaagse Romeins-Hollandse Reg
New Books
Durban Library
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
Vacancies
Lecturer senior lecturer - University of Glamorgan, Wales

 

 NEWS FROM . . . 

 Monetary Policy Committee - http//www.reservebank.co.za-internet-publication.nsf-WhatsNew-5b17be998051ba6542256c32003b72b0-OpenDocument&AutoFramed

2002-09-12 : Statement of the Monetary Policy Committee

Issued by Mr T T Mboweni, Governor of the South African Reserve Bank, after a meeting of the Monetary Policy Committee in Pretoria

The year-on-year increase in the consumer price index for metropolitan and other urban areas, excluding the influence of mortgage interest cost (CPIX), increased from 5,8 per cent in September 2001 to 9,9 per cent in July 2002. The acceleration in the quarter-to-quarter CPIX inflation rate was even more pronounced from an annualised rate of only 3,8 per cent in the second quarter of 2001 to 11,5 per cent in the second quarter of 2002. The twelve-month rate of increase in the all-goods production price index also rose from 7,8 per cent in September 2001 to the high level of 15,2 per cent in July 2002.

This increase in inflationary pressures arose largely because of the sharp downward movement in the value of the rand in the last quarter of 2001. In addition, the international price of oil increased from a monthly average of about US$19 per barrel in December 2001 to nearly US$26 per barrel in July 2002. The depreciation in the external value of the rand at first mainly influenced food prices. From the beginning of 2002 the rise in prices became more widespread and inflationary expectations began to increase. When excluding food price changes, CPIX inflation picked up from a year-on-year level of 5,4 per cent in December 2001 to 7,8 per cent in July 2002. Containment of these price increases, including administered prices, is essential to reduce inflation. This requires a concerted effort by all concerned.

The continued increase in year-on-year production price inflation indicates that consumer price inflation will rise further in the coming months because there is normally a lag of approximately 2 months before production price increases affect consumer prices. Although the quarter-to-quarter rate of increase in production prices declined somewhat in the second quarter of 2002, it is still very high at a seasonally adjusted and annualised level of 14,2 per cent. Moreover, this slowdown can to a large extent be attributed to a strengthening of the rand in the first five months of 2002. By contrast, the price of domestically produced manufactured goods continued to increase at annualised rates in excess of 20 per cent in the first two quarters of 2002.

Taking these developments into consideration, it is not surprising that inflationary expectations have increased significantly despite efforts by the Reserve Bank to curtail price increases. According to the expectations survey of the Bureau for Economic Research of the University of Stellenbosch done for the Reserve Bank, respondents expect CPIX inflation to amount to 7½ per cent in 2003 and then to decline only slightly to 7,0 per cent in 2004. At these levels, inflation expectations are well above the upper level of the inflation target range, but they moderate over time.

Nominal unit labour cost rose from 2,9 per cent in 2000 to 4,8 per cent in 2001 and 6,4 per cent in the year to March 2002. Faster growth in nominal unit labour cost is usually associated with higher consumer price inflation. According to survey results obtained from NMG-Levy Consultants and Actuaries, the average annual rate of wage settlements in the first half of 2002 amounted to about 7,5 per cent, i.e. wage increases did not accelerate in the first six months of the year. Recent wage settlement rates announced in the media are, however, considerably higher. This implies that if labour productivity does not increase commensurately, there could be further upward pressure on consumer prices.

Another factor that could lead to increased inflationary pressures is the decline in the nominal effective exchange rate of the rand of 11½ per cent from the end of May 2002 to the end of August. This weakness of the exchange rate coincided with a reduction in the holdings of domestic securities by non-residents, amounting to nearly R12 billion in July and August, which almost neutralised the net purchases of securities by non-residents in the first six months of the year. This probably reflected concerns about problems in emerging markets, including Zimbabwe. Although the draft mining charter is not government policy it was nonetheless perceived negatively by foreign and domestic investors, particularly in an environment of heightened risk aversion to emerging-market assets following the crisis in Argentina and fears of a debt default in Brazil.

The developments that have so far led to higher inflation are therefore mainly exogeneous or cost-push factors, which cannot be directly influenced by changes in the level of short-term interest rates. At present there are no signs of excess spending or production capacity constraints, while fiscal discipline has been maintained by the authorities. It is, however, always important to take into consideration that cost-push and excess monetary demand factors are interacting elements or different aspects of the same process, rather than totally separate causes of different processes. Autonomous cost-push or exogeneous factors cannot on their own lead to an inflationary process if they are not accommodated by a monetary expansion. When autonomous price increases occur without increases in the money supply, bank credit extension and inflationary expectations, such increases are self-terminating. But when they are supported by accommodating monetary developments, inflationary pressures will become self-perpetuating.

As already indicated, inflationary expectations are already very high. Moreover, growth over twelve months in the broadly defined money supply (M3) amounted to 17,4 per cent in July 2002. Although this growth rate was lower than the 20,6 per cent recorded in May 2002, the reduction was to a large extent due to increased tax collections, which reduced the private sector's deposits with banks included in M3 while raising government deposits which do not form part of money supply. It is also true that a large part of this increase in M3 was the result of increases in long-term deposits, which are less likely to be related directly to aggregate nominal spending on goods and services. The narrower defined monetary aggregates, however, also rose significantly. To the extent that the deposits at banks could be used to purchase goods and services, they are an indication of possible spending that may exceed the economy's production potential in the future, and therefore create inflationary pressures.

The growth over twelve months in bank credit extended to the private sector slowed down moderately from a high level of 15,6 per cent in January 2002 to 11,7 per cent in July. Measured from quarter to quarter, growth in credit extension to the private sector fell from 19,6 per cent in the first quarter of 2002 to only 1,9 per cent in the second quarter. This considerably decreased rate of credit expansion was mainly the result of a reversal in the leads and lags in the payments for and receipts from foreign transactions. Earlier borrowing associated with these international trade transactions was mostly repaid in the second quarter when the external value of the rand strengthened. It therefore reflected a slower rate of credit extension to the corporate sector. Credit extended to households by banks hardly seems to have been affected by the increase in interest rates during 2002 and continued to rise rapidly.

In view of these accommodating monetary developments, the Monetary Policy Committee has decided to increase the repurchase rate by a further 100 basis points to 13,50 per cent with effect from 13 September 2002. It is expected that this will lead to similar adjustments in deposit and lending rates in the domestic market. Although this will mean that interest rates in South Africa have been increased by 4 percentage points from the beginning of the year, this will in fact bring the banks ' real prime overdraft rate back to approximately the level prevailing during the first few months of 2002. The banks' real twelve-month deposit rate before taxation will amount to only approximately 2 per cent if it is adjusted by this increase. The inflation-adjusted yield on long-term government bonds in July 2002 came to only 1,2 per cent.

Consequently, the level of interest rates cannot be regarded as a major factor which has had or will have a significant constraining effect on production growth. This statement is supported by the fact that domestic final demand has continued to grow strongly. Moreover, export volumes increased considerably in the second quarter of 2002, as part of the lagged effect of the depreciation of the rand. Export growth contributed to maintaining a surplus on the current account of the balance of payments, which alleviated the pressure on the exchange rate of the rand mainly arising from the recent portfolio capital outflow. Export increases should further assist the economy in the attainment of healthy growth levels, while the current increase in interest rates should bring the inflation rate to within the target range.

TT Mboweni
GOVERNOR

For further details :
Contact Ms C M Powers
Tel: 012-313 4420


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 DURBAN CHAMBER OF COMMERCE AND 
 INDUSTRY
 
www.durbanchamber.co.za  

The Promotion of Access to Information Act and Immigration Act 2002

Presented by Graeme Fraser, Executive Director of The Corporate Lawyers Association of SA

The Promotion of Access to Information Act

Introduced in 2000, this piece of legislation has so far attracted little interest, mainly because certain clauses did not come into operation until the Minister published certain notices in the Government Gazette on 15 February 2002.  The Act has extensive implications for all businesses that keep data on their clients, suppliers and employees.  Delegates will learn in what circumstances the public are entitled to request information from a business, the procedural aspects which must be complied with and most importantly we will discuss the nature of the manual that must be produced in compliance with Section 51 of the Act.

Immigration Act 2002

After a stormy and highly publicised passage through Parliament, this new Act represents a totally new regime for the management of immigration to South Africa.  Apart from introducing delegates in broad outline to the contents of the new Immigration Act, the course will also deal with matters such as : 

legislation - including who may apply for same, and the restrictions on the grant thereof ;  the certifications required in particular instances ;  the procedures to adopt when applying for permits ;  the role of the courts in adjudicating applications and other matters in terms of the Act ;  and who are "immigration officers" and what role do they play.

Where :
Conference Centre, Ground Floor, Chamber House, 190 Stanger Street, Durban

When :
Tuesday 1 October

Cost :
Members R365-00 (incl VAT) for each seminar or R680-00 (incl VAT) for both
Non-members R435-00 (incl VAT) for each seminar or R820-00 (incl VAT) for both

Time :
PAIA Seminar
08h00 Registration
08h30-13h00

Immigration Seminar
13h30 Registration
14h00-17h30

To book :
Please contact Lorna Waters
Telephone : 031-335 1036
Fax : 031-332 1288
E-mail : watersl@durbanchamber.co.za 

Cheques to be made payable to the Durban Chamber of Commerce and Industry and may be deposited directly into the bank.  Please fax a copy of the deposit slip after the transaction.  Bank details : Standard Bank, Main Branch, Smith Street  A/C No 05 007 2358  Branch Code 0400 2600.   Electronic Branch Code: 0026  CDI No: 0059960073048


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 GOVERNMENT GAZETTE UPDATE 

 Notification of publication of explanatory summaries 

Child Justice Bill 2002
Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill 2002
GenN 1411/GG 23728/08-08-2002
also available at www.doj.gov.za 
Administrative Adjudication of Road Traffic Offences Bill 2002
Explanatory summary
GenN 1416/GG 23733/12-08-2002
Promotion of Justice Amendment Bill 2002
Explanatory summary
GenN 179/GG 23807/30-08-2002
also available at www.doj.gov.za 

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 Draft Bills 

Communal Land Rights Bill 2002
For comment within 60 days
GenN 1423/GG 23740/14-08-2002
Development Bank of Southern Africa Amendment Bill 2002
GenN 1337/GG 23687/01-08-2002
Special Pensions Amendment Bill 2002
GenN 418/GG 23735/13-08-2002
Insurance Amendment Bill 2002
GenN 1419/GG 23736/13-08-2002
Broadcasting Amendment Bill 2002
GenN 1426/GG 23745/15-08-2002
Anti-Personnel Mines Prohibition Bil 2002
GenN 1425/GG 23744/26-08-202

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 Bills

Export Credit and Foreign Investments Insurance Amendment Bill
B 29B-2002
Corporate Laws Amendment Bill
B 32-2002
Constitution of the RSA of SA Third Amendment Bill
B 33-2002
Broadcasting Amendment Bill
B 34-2002
Special Pensions Amendment Bill
B 35-2002
SA Revenue Service Amendment Bill
B 36-2002

International Trade Administration Bill
B 38-2002

Occupational Diseases in Mines and Works Amendment Bill
B 39-2002

Medicines and Related Substances Amendment Bill
B 40-2002

Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill
B 41-2002

Administrative Adjudication of Road Traffic Offences Amendment Bill
B 42-2002
National Conventional Arms Control Bill
B 50D-2002

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 Acts 

Electronic Communications and Transactions Act 25 of 2002
No 1046/GG 23708/02-08-2002

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Commencement Date 

Implementation of the Rome Statute of the International Criminal Court Act 27/2002
With effect from 16-08-2002
GN R 67/GG 23761/16-08-2002

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 Notices 

Investigation : Correctional Services

Proc R 66/GG 23730/08-08-2002 

Education

Call for comment : draft post distribution model for the allocation of educator posts to schools - 30-09-2002 
GN 1120/GG 23783/23-08-2002

Environmental Affairs

Invitation to submit names for appointment to fill a vacancy on the Board of SA Tourism
GenN 1424/GG 23741/16-08-2002
 

ICASA

Hearings in respect of applications in areas 13 and 13A in KZN
GenN 1422/GG 23739/12-08-2002
[correction in GenN 1446/GG 23757/15-08-2002]

Labour

Sectoral Determination : Domestic Worker Sector, SA
GN R 1068/GG 23732/15-08-2002
 

Employment Equity Act : Code of Good Practice : Key Aspects on the Employment of People with Disabilities
GN 1345/GG 23702/19-08-2002
[see also GG 23718 for changes]

Sectoral Determinatioin : Contract Cleaning Sector, SA : Amendment

GN R 1135/GG 23792/27-08-2002

Promotion of Access to Information Act Manuals

In accordance with the Promotion of Access to Information Act 2 of 2000
GG 23756/16-08-2002
GG 23763/26-08-2002 (pts.1 and 2)
 

Exemptions from submission of manuals until 28-02-2003
GN R 1094/GG 23765/21-08-2002

Safety and Security

Granting of search powers to authorised officers of the UCB
GN 1097/CC 23769/23-08-2002

Treasury

Unit Trust Control Act 54 of 1981
Regulations
GN R 1129/GG 23778/30-08-2002

Transport

Twelfth Amendment of the Civil Aviation regulations
GN R 1134/GG 23778/30-08-2002
 


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Board Notices 

SA Council for the Property Valuers Profession
Rules
BN 72/GG 23751/23-08-2002
Law Society of the Cape of Good Hope
Notice of 2002 AGM and Elections
GG 23775/30-08-2002

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Promotion of Access to Information Act 

Manuals in accordance with
GG 23787

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Consumer Price Index 

July 2002 : 117,3
GN 1497/GG 23775/30-08-2002

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KwaZulu-Natal 

KZN Peace Repeal Act 3 of 2002

PG 6122/27-08-2002


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 RECENT JOURNAL ARTICLES OF INTEREST 

 Bureau for Mercantile Law Bulletin 
Commentary
CLISB - 2002, v.20(2), p.21
Non-variation clauses in contract
Fraudulent insurance claims
Eviction of lessee in unlawful occupation
Court reports
ARBITRATION / ARBITRASIE
CLISB - 2002, v.20(2), p.22
Court order that dispute not be referred to arbitration - Rawstorne and Another v Hodgen and Another 2002(3) SA 433(W)
BANKING LAW / BANKREG
CLISB - 2002, v.20(2), p.22
Relationship between bank and customer - Absa Bank Bpk v Janse van Rensburg 2002(3) SA 701(SCA)
CLOSE CORPORATION / BESLOTE KORPORASIES
CLISB - 2002, v.20(2), p.23
Application for order directing corporation to change name - Azisa (Pty) Ltd v Azisa Media CC and Another 2002(4) SA 377(C)
CONTRACT / KONTRAKTE
CLISB - 2002, v.20(2), p.24
Repair garage's duty to re-driver to customer - Padiachy v Motor Mecca Jhb CC 2002(4) SA 351(W)
Rectification - First Rand Bank of Southern Africa v Pretorius and Another 202(3) SA 489(C)
Incorrect assumption inducing contract - Van Reenen Steel (Pty) Ltd vs Smith NO and Another 202(4) SA 264(SCA)
Formation of contract - Union Spinning Mills (Pty) Ltd v Paltex Dye House (Pty) Ltd and Another 2002(4) SA 408(SCA)
Non-variation clauses in contract - Brisley v Drotsky 2002(4) SA 1
Copyright / Outeursreg
CLISB - 2002, v.20(2), p.25
Copyright in insert accompanying package of medicine - Biotech Laboratories (Pty) Ltd Beecham Group plc and another 2002(4) SA 249(SCA)
Insurance / Verskering
CLISB - 2002, v.20(2), p.26
Insurable interest - Pienaar v Guardian National Insurance Co Ltd 2002(3) SA 640(C)
Disclosure of material facts - Santam Bpk v Van Schalkwyk 2002(4) SA 193(O)
Insured fraudulently submitting inflated claim - Schoeman v Constantia Insurance Co Ltd 2002(3) SA 417(W)
Aircraft insurance -  Skiyla Property Investments (Pty) Ltd v Lloyds of London Underwriting Syndicate Nos 960, 48, 1183 and 2183 2002(3) SA 765(T)
Labour law / Arbeidsreg
CLISB - 2002, v.20(2), p.29
Determination whether or not employment contract exists - Church of the Province of Southern Africa, Diocese of Cape Town v Commission for Conciliation, Mediation and Arbitration and others 2002(3) SA 385(LC)
Affirmative action - Stoman v Minister of Safety and Security and Others 2002(3) SA 468(T)
Media
CLISB - 2002, v.20(2), p.30
Freedom of expression - Islamic Unity Convention v Independent Broadcasting Authority and Others 2002(4) SA 294(CC)
Monetary law / Monetere reg
CLISB - 2002, v.20(2), p.30
Judgment in foreign currency - Skiyla Property Investments (Pty) Ltd v Lloyds of London Underwriting Syndicate Nos 960, 48, 1183 and 2183 2002(3) SA 765(T)
Payment 'in full and final settlement' - Absa Bank Ltd v Van de Vyver NO 2002(4) SA 397(SCA)
Letter of credit - means of payment - Vereins-Und Westbank AG v Veren Investment and Others 2002(4) SA 421(SCA)
MVA
CLISB - 2002, v.20(2), p.32
Minor child's claim for loss of support - Lambrakis v Santam Ltd 2002(3) SA 710(SCA)
Claim by passenger rending military services or undergoing military training - Du Preez v Road Accident Fund and Another 2002(4) SA 209(D)
Prescription / Verjaring
CLISB - 2002, v.20(2), p.33
Commencement of extinctive prescription - Geldenhuys NO v Diedericks 2002(3) SA 674(O)
Interruption of prescription - Waverley Balnkets Lt v Shoprite Checkers (Pty) Ltd and Another 2002(4) SA 166(C)
Property - Eiendom
CLISB - 2002, v.20(2), p.34
Validity of agreement of sale of land - Hartland Implemente (Edms) Bpk v en Andere 2002(3) SA 653(NC)
Spoliation - Xsinet (Pty) Ltd v Telkom SA Ltd 2002(3) SA 629(C)
Restitution of Land Rights Act 22 of 1994 - In re Moodley NO 2002() SA 846(LCC)
Extension of Security of Tenure Act 62 of 1997 - Theewaterskloof Holdings (Edms) Bpk, Glaser Afdeling v Jacobs en Andere 2002(3) SA 401(LCC)
Prevention of Illegal Eviction From adn UnlawFul Occupation of Land Act 1998 - Ridgeway v Janse van Rensburg 2002(4) SA 186(C)
General notarial board - Senwes Ltd v Muller 2002(4) SA 134(T)
Eviction of lessee - Brisley v Drotsky 2002(4) SA 1(SCA)
Surety / Borg
CLISB - 2002, v.20(2), p.39
Subordinate agreement - Cape Produce Co (Port Elizabeth) (Pty) Ltd v Dal Maso and Another NO 2002(3) SA 75(SCA)
Creditor committing material breach of suretyship agreement - First Rand Bank of Southern Africa Ltd vs Pretorius and Another 2002(3) SA 489
Tax / Belasting
CLISB - 2002, v.20(2), p.41
Recoupment of building report - Commissioner, South African Revenue Services v Pinestone Properties CC 2002(4) SA 202(N)
Trade / Handel
CLISB - 2002, v.20(2), p.42
Bank agreeing to finance an international transaction based on a letter of undertaking - OK Bazaars (1929) Ltd vs Standard Bank of South Africa Ltd 2002(3) SA 688(SCA)
Publications and research / Publikasies en navorsing
CLISB - 2002, v.20(2), p.43
Legislation
CLISB - 2002, v.20(2), p.44
International review / Internasionale oorsig
CLISB - 2002, v.20(2), p.49

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 South African Journal of Criminal Justice 
The pardoning power as a duty of justice
B C Naude
SACJ - 2002, v.15(2), p.159
The incidence and nature of an onus in bail applications
M G Cowling
SACJ - 2002, v.15(2), p.176
The maximum length of imprisonment imposed by South African courts : life, dangerous criminal or 60 years?
Peet M Bekker
SACJ - 2002, v.15(2), p.207

Sexual history evidence in South Africa : a comparative enquiry
Thea Illsey
SACJ - 2002, v.15(2), p.225
Making a muddle into a mess? : the Amendment of S.78 of Criminal Procedure Act
Lirieka Meintjes-van der Walt
SACJ - 2002, v.15(2), p.242
Recent cases
GENERAL PRINCIPLES
Managay Reddi
SACJ - 2002, v.15(2), p.250
Non-pathological criminal incapacity - S v Eddie 2002(1) SACR 63(SCA)
The de minimus rule - S v Tshabalala 002(1) SACR 605(WLD)
SPECIFIC CRIME
Ronald Louw
SACJ - 2002, v.15(2), p.252
Robbery - S v Mati 2002(1) SACR 323(C)
Domestic violence - Andrews v Narodien 2002(1) SACR 336(C)
ENVIRONMENTAL OFFENCES
Theft of game - S v Mdaba 2002(1) SACR 556(E)
Noise pollution - S v Haarburger 2002(1) SACR 542
CRIMINAL PROCEDURE
Michael Cowling
SACJ - 2002, v.15(2), p.257
Prevention of organised crime - confiscation order - retrospectivity - National Director of Public Prosecutions v Basson 2001(1) SACR 712
Prosecution - nature of complainant's rights - DPP v Regional Magistrate, Durban 2001(2) SACR 463(N)
Prosecuting Authority
Jurisdiction of military discipline authority - Legal Solider (Pty) Ltd vs Minister of Defence 2001(2) SACR 3632(CC)
Nature and duties - Carmichele v Minister of Safety and Security 2002(1) SACR 79(CC)
Trial
Delay in bringing prosecuting - permanent stay in proceedings - DPP v Regional Magistrate, Durban 2001(2) SACR 463(N)
Irregularity - whether failure of justice - S v Khuzwayo 2002(1) SACR 24(NC)
Speedy trial - too speedy to ensure that justice is done - S v Chabalala 2002(1) SACR 7(TPD)
EVIDENCE
P J Schwikkard
SACJ - 2002, v.15(2), p.268
Admission and confessions - S v Ndika 2002(1) SACR 250(SCA)
Identification evidence - S v Bailey (unreported : case no.215/2000(CPD)
Presumption of innocence - S v Singo 2002(1) SACR 576(VHC)
Similar fact evidence - S v Pietersen 2002(1) SACR 330(C)
Witnesses
Discharge of witnesses - S v Maunye 2002(1) SACR 266(T)
SENTENCING
James Lund
SACJ - 2002, v.15(2), p.273
General aspects
Parties : amicus curiae - S v Abrahams 2002(1) SACR 116(SCA)
Minimum sentences : ss.51-3 of the Criminal Law Amendment Act 105 of 1997
Jurisdiction - Director of Public Prosecutions (KZN) v Regional Magistrate, Mtubatuba 2002(1) SACR 31(N)
Committal for sentence by the High Court : s.52 - S v P 2002(1) SA 50(C)
Substantial and compelling circumstances - S v Abrahams 2002(1) SACR 116(SCA)
Children between 16 and 18 years of age : s.51(3)(b) - S v Nkosi 2002(1) SACR 135(W)
Unrepresented accused - S v Tshidiso 2002(1) SACR 207(W)
Factors affecting sentence
Juvenile offenders - S v Nkosi 2002(1) SACR 135(W)
Mental capacity - S v McConnell 2001(2) SACR 625(T)
Specific sentences and orders
Correctional supervision - S v Abraham 2001(2) SACR 358(C)
Declaration as habitual criminal - S v Niemand 2001(2) SACR 645(CC)
Fines - S v Benjamin 2002(1) SACR 1(T)
Imprisonment - S v Isaacs 2002(1) SACR 176(C)
Life imprisonment - S v Sidyno 2001(2) SACR 613
Sentences for specific crimes
Maintenance : failure to pay - S v Visser 2002(1) SACR 50(C)
Murder - S v Maleka 2001(2) 366(SCA)
Rape - S v Abrahams 2002(1) SACR 116(SCA)

Traffic offences : driving under the influence of liquor - S v Schambriel 2002(1) SACR 168(T)

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 Tydskrif vir Hedendaagse Romain-Hollandse Reg 
The onus of proof in bial proceedings under South African and Canadian law (1)
W D Villiers
THRHR - 2002, v.65(3), p.321
Betekenis en grondslae van die reg op toegang tot inligting
B V Roberts
THRHR - 2002, v.65(3), p.339
Hersiening van besluite geneem ingevolge die Wet op Bevordering van Toegang tot inligting 2 van 2000
M P Ferreira
THRHR - 2002, v.65(3), p.354
The influence of free trade on the development of Roman law
R van en Bergh
THRHR - 2002, v.65(3), p.373
Die interpretasie van artikel 2C van die Wet op Testamente 7 van 1953(2)
J Jamneck
THRHR - 2002, v.65(3), p.386
Good faith and equity in the law of contract in the civilian tradition
P du Plessis
THRHR - 2002, v.65(3), p.397
AANTEKENINGE
Het die Angelsaksiese regtersamp 'n verllentheid vir regstaatlike waardes geword
J M T Labuschagne
THRHR - 2002, v.65(3), p.413
A comparative perspective on the attempted exclusion of foreign involvement in the South African private security industry
P J Visser
THRHR - 2002, v.65(3), p.419
Legaliteit en Golgota : moderne perspectiewe oor die verhoor van Jesus Christus
E Bertelsmann en B Bekink
THRHR - 2002, v.65(3), p.423
VONNISSE
Setting the boundaries for expert evidence in support or defence of medical negligence - Michael v Linksfield Park Clinic (Pty) Ltd
P Carstens
THRHR - 2002, v.65(3), p.430
Die leerstuk van regverdigbare verwagting en die reg op 'n billike aanhoring - Nortje v Minister van Korrektiewe Dienste
D M Pretorius
THRHR - 2002, v.65(3), p.436
The delictual liability of a union for advice given to its members - Sikhwele Jada v SAMWU
S A HAkime and L Steynberg
THRHR - 2002, v.65(3), p.446
Moving towards recognition of constructive expropriation? - Steinberg v South Peninsula Municipality
A J van der Walt
THRHR - 2002, v.65(3), p.459
Die Hoogste Hof van Appel gee hoop vir die teleurgestelde begunstigde (disappointed beneficiary") - BOE Bank Ltd vs Ries
J Neethling en J M Potgieter
THRHR - 2002, v.65(3), p.473
Strafregtelike aanspreeklikheid en die verweer van tydelike nie-patologiese ontoerekeningsvatbaarheid : verlies van konatiewe geestesfunksie onderskei van blote verlies van humeur - S v Eadie (1)
J le Roux
THRHR - 2002, v.65(3), p.478
The Constitutional Court deliberates on the constitutionality of the Hague Convention on the Civil Aspects of international child abduction - LS V AT
C M A Nicholson
THRHR - 2002, v.65(3), p.482
Registrasie van onroerende trustgoed in naam van "trustees van tyd tot tyd" - Joubert v Van Rensburg
P de W van der Spuy en A van der Linde
THRHR - 2002, v.65(3), p.485

Kredietooreekomste : paaiementsgewyse betaling van die deposito - Van der esthuizen v BOE Bank Bpk
S Renke
THRHR - 2002, v.65(3), p.493

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 NEW BOOKS 

 Durban Library

Beck’s theory and principles of pleading in civil actions
H Daniels
6th ed
Durban : Butterworths, 2002


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 NEWS ON THE ELECTRONIC FRONT 

 Recent Judgments available on the Internet 

SUPREME COURT OF APPEAL OF SOUTH AFRICA
13 September 2002
309/02

Ehrlich v S

Bail appeal – appellant facing charges of indecent assault involving boys – bail previously cancelled for breach of bail conditions – appeal without merit
13 September 2002
390/2001

A Potgieter NO and Another v Shell South Africa (Pty) Ltd

Borgstelling - of trustees van familietrust gemagtig was om ten behoewe van 'n beslote korporasie waarvan 'n begunstigde die enigste lid was, borg te staan
13 September 2002
315/2001

Zoleka Mketsu & Others v African National Congress

Election – jurisdiction of High Court – interpretation of s 65 of Act 27 of 2000
13 September 2002
359/2001

Standard Bank of South Africa Limited v GW Harris & H Kaplan NO

Delictual liability of collecting bank - cheque drawn on same bank - not in itself ground for bank's immunity - cheque crossed 'not transferable' collected for attorney's trust account - not unlawful if authorised by payee
13 September 2002
430/2001

C Jansen van der Merwe v Nedcor Bank Limited

Sessie - splitsing van vordering - ongeldig
12 September 2002
63/2002
Aktiebolaget Hδssle and Another v Triomed (Pty) Ltd

Patent specification – purposive construction
6 eptember 2002
350/2001

Commissioner of the Competition Commission v General Council of the Bar of South Africa and Others

Administrative Law – setting aside of administrative decision – remittal to administrative authority – Competition Act 89 of 1998 - exemption
6 September 2002
356/2001

Schlumberger Logelco Incorporated v Coflexip SA

Patent – apparatus using hose for transfer of fluid between seabed and sea surface – infringement – lack of novelty – obviousness – lack of clarity – admissibility of expert evidence in regard to obviousness
6 September 2002
368/2001

Lewis Stores (Pty) Ltd v Minister of Finance and Another

Customs duty – classification – whether pots and pans plated with gold
6 September 2002
500/2000

Dexion Europe Limited v Universal Storage Systems (Pty) Limited

Copyright infringement ;  indirect copying of technical drawings
6 September 2002
427/2001

Stellenbosch Farmers’ Winery Group Ltd and Another v Martell & Cie SA and Others

Oral agreement - dispute as to its terms - approach to be adopted in resolving disputes of fact - analysis and evaluation of probabilities
5 September 2002
516/2000

Telkom SA Limited v MEC of Agricultural and Environmental Affairs: KwaZulu-Natal and Others
Telecommunications - laying of undersea cable - fixed line operator obliged to obtain lease under Sea-shore Act, 1935

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CONSTITUTIONAL COURT OF SOUTH AFRICA

10 September 2002
CCT40/01
Du Toit and another v Minister of Welfare and Population Development and others

10 September 2002
CCT25/02
Beyers v Eleven Judges of the Constitutional Court


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LABOUR COURTS OF SOUTH AFRICA
no new judgments this week

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LAND CLAIMS COURT OF SOUTH AFRICA

3 September 2002
LCC62/98
Portion 608 New Belgium CC v Monyiki
Extension of Security of tenure Act, 1997 - application for eviction - long term occupier - s10(1)(b)&(c) complied with - resident employed because on the farm not an occupier - impounding animals in excess of contractually agreed number not appropriate remedy - sufficient time necessary for relocation in certain circumstances to be just and equitable in terms of s12(1) - eviction order granted.


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  Documents now available on the Internet 

South Africa Government Online - Recent speeches
Lets work together to eliminate the carnage on our roads
The Distributing Agency for Arts, Culture and National Heritage has recently placed a further call for applications for funding from the National Lottery Distribution Trust Fund
Sectoral Determination for Domestic Workers will soon be pronounced
Deputy Minister Mabudafhasi to launch International Day for Preservation of Ozone Layer (16 September)
Players are advised that they have no protection when they participate in lotteries outside the borders of South Africa

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 Useful links and other snippets 

Lawsure
Your gateway to the legal knowledge of the experts

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BBC
New 'moon' found around Earth - 11 September

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Widlifepics
Including virtual cards, photo index, etc

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Times Online
Robot seeks answer to pyramid mystery
A mysterious passage in the Great Pyramid at Giza will be explored by a robot next month in an attempt to unravel one of the final secrets of the last remaining wonder of the Ancient World

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 News on the Net 

The Age
Push for ethics advisers at law firms - 6 September
The Law Institute of Victoria is calling on all Victorian law firms to appoint partners or senior consultants as designated ethics advisers

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Business Day
Deducting legal expenses can a be minefield
Legal expenses are allowed as a deduction only if they are not of a capital nature and incurred as result of any claim, dispute or action arising in the course of the taxpayer's trade
Commercial banks hike rates
First National Bank and Standard Bank have become the first two commercial banks to announce they will increase their prime and home loan rates by 1% to 17%
Private schools may choose their own curriculums - 11 September
Education Minister Kader Asmal indicated that a controversial clause in the proposed Education Laws Amendment Bill, which empowers the minister to determine the curriculum for private schools, is likely to be scrapped

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Daily Mail (Zambia)
Its been tough - Levy
President Mwanawasa says the battle against corruption has not been too easy because some of the prime suspects of national plunder were people very close to him

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Guardian (UK)
Families fight government to force Kursk prosecutions - 11 September
The families of the 118 sailors killed in the Kursk submarine have pledged to appeal against the Russian government's decision not to prosecute anyone for the "negligence" that caused the disaster

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The Herald

Child wins in 'tug of love'
A former Port Elizabeth woman embroiled in an ugly custody battle in Canada has been ordered to share joint custody and guardianship of her six-year-old daughter with her former husband


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IT Web
BSA steps up fight against piracy - 11 September
The local chapter of the Business Software Alliance (BSA) is spending millions of rands on an advertising campaign designed to show that it is getting tough on unlicensed software, but says it is not about to get aggressive about it

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Mail and Guardian
Law to protect privacy on the cards - 12 September
South Africans stand to gain greater control over personal information held by the state, banks, insurers and credit bureaus under a contemplated privacy and data protection law currently being researched by the South African Law Commission
SA's independent judiciary is safe - for now - 27 August
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

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Moneyweb KZN
Tigon executive expresses remorse - 5 September
Tony Hodgkinson, the financial director of Maritzburg-based Tigon's financial services company, who landed in hot water with the JSE Securities Exchange Listings Division, has apparently expressed remorse for "forgetting" to meet disclosure requirements

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Natal Witness
Law Society condemns eviction ruling - 13 September
The Law Society of South Africa has expressed serious concern about the Supreme Court of Appeal's ruling that tenants who fail to pay rent and buyers who default on bond payments will have the same protection against eviction as illegal squatters
Draft land bill 'erodes power' - 11 September
Contralesa leader Pathelkile Holomisa the inclusion of the Ngonyama Trust land in the ninth draft of the Communal Land Rights Bill, but warned that the Bill still attempts to erode the power of traditional leaders
Govt firm on minimum wages law - 11 September
The government is putting its money where its mouth is in ensuring that South Africans comply with the new laws on minimum wages for domestic workers, Labour Minister Membathisi Mdladlana said
Floor-crossing delays urgent legislation - 13 September
All parliamentary sittings and legislative meetings in the province have been postponed pending finalisation of floor-crossing legislation
Man charged with farmer's murder denies any involvement, blames brother-in-law - 13 September
A 22-year-old man charged with the murder of Mooi River farmer Huntley Vivian Kirby told the Pietermaritzburg High Court that Kirby's vehicle was given to him by his brother-in-law and he had nothing to do with Kirby's abduction and murder

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News.com
Greek gaming law defeated in court - 11 September
A new Greek law banning the playing of electronic games was declared unconstitutional by a judge, and the charges against three people were dismissed

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News24.com
Govt looks into property ruling - 11 September
The housing ministry is seeking legal advice following a recent Appeals Court ruling that legislation protecting illegal occupiers from summary eviction not only apply to squatters but also to ex-tenants and bond defaulters
'Risk of higher rent, deposits' - 9 September
The ruling of the Appeals Court that tenants who fail to pay rent and buyers who default on bond payments have the same protection against eviction as illegal squatters could end in landlords and banks demanding higher rent and larger deposits
Lean times ahead as rates go up - 13 September
Consumers will have to tighten their belts in the coming months after the South African Reserve Bank (SARB) decision to raise the repo rate by a full percentage point to 13.5%
Banks urged to audit mortgage loans - 12 September
Banking Adjudicator Neville Melville urged banks to undertake an audit of all existing and future mortgage loans
Lesbians, gays can adopt children - 10 September
Lesbian judge Anne-Marie de Vos said she was "ecstatic" after the Constitutional Court ruled that gays and lesbians could jointly adopt children

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Vnunet
Network in progress - 9 September
To say networking has moved on would be an understatement, but no one could have predicted the scale of the changes

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Washington Post
Cancer study may help Motorola suit - 10 September
In what could bolster an $800 million lawsuit against Motorola and major cell phone carriers, a new study found a possible link between older cell phones and brain tumors

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ZD Net
Who's gunning for Game Boy and Google? - 5 September
The impact of technology on society, economics, business practices and corporate culture has been profound. I state the obvious. While technology is not going to bring peace to the Middle East, ignite tech spending, or replace the dreadful stream of television programming, it has broken through borders and enabled new, powerful forms of communication. But it also has spawned some very bizarre and repressive government policies

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 VACANCIES 

Lecturer senior lecturer - University of Glamorgan, Wales

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Lecturer in Law and Genetics Faculty of Law The scale of stipends is £22,522 - £34,734 depending on experience The University of Cambridge has received funding to establish a Genetics Knowledge Park (GKP). As a result of this initiative, the Faculty of Law requires an appropriately qualified person for a fixed-term Lectureship in Law and Genetics, to take up appointment as soon as possible. The appointment will be for three years in the first instance, with the possibility of re-appointment for one further year. You will be expected to work on the application of intellectual property principle to genetic and other biotechnological inventions and information, and to bring into account other aspects of medical law which affect issues in genetics. Up to 40 hours a year of teaching may be required in the Faculties responsible for teaching in law, social sciences, medicine, and natural sciences. Two other similar appointments have been made under the GKP initiative, one in social science, and the other in philosophy. It is hoped that the three appointees will work in a conjunction which builds successful interdisciplinary links. Information about the GKP will be made available to those who send for further particulars. Information about the Faculty of Law may be found at http://www.law.cam.ac.uk  Further particulars may be obtained from the Secretary of the Special Appointments Committee, Faculty of Law, 10 West Road, Cambridge CB3 9DZ. Tel: (01223) 330036, e-mail: sal41@hermes.cam.ac.uk to whom a letter of application and a curriculum vitae should be sent by 30 September 2002. Applicants are requested to ask three referees to write directly to the Secretary of the Special Appointments Committee by the same date. www.cam.ac.uk/jobs/  UNIVERSITY OF CAMBRIDGE The University is committed to equality of opportunity

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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)


 


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www.lawsoc.co.za 
 

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