| Bureau
for Mercantile Law Bulletin |
|
| Commentary |
|
Electronic
Communications and Transactions Act 25 of 2002
Eviction of rent and mortgage bond defaulters
Neighbours and electric fences |
|
CLISB - 2002,
v.20(3), p.50 |
|
| Court
Reports |
|
Accountants
Relationship between an accountant and a client - Botha v
Coopers & Lybrand 2002(5) SA 347(SCA) |
|
CLISB - 2002,
v.20(3), p.51 |
|
|
Arbitration
Application to set aside an arbitrator's aware - Total
Support Management (Pty) Ltd and Another v Diversified Health
Systems (SA) (Pty) Ltd and Another 2002(4) SA 661(SCA) |
|
CLISB - 2002,
v.20(3), p.52 |
|
|
Banking law
Holder in due course - Cutfin (Pty) Ltd v Sangio Pipe CC
2002(5) SA 156(D)
Transfer of a bank assets and liabilities to another person - Nedcor
Investment Bank Ltd v Visser NO and Others 2002(4) SA
588(T)
Liability of collecting bank/collecting bank's against own
customer - IFP Nominees (Pty) Ltd v Nedcor Bank Ltd
(Basfour 130 Pty Ltd, third party) 2002(5) SA 101(W) |
|
CLISB - 2002,
v.20(3), p.52 |
|
|
Cession
Cession limiting cessionary's rights - Solomon NO and
Others v Spur Cool Corporation (Pty) Ltd and Others
2002(5) SA 214(C)
Termination of cession in securitatem debiti - Aussenkehr
Farms (Pty) Ltd v Trio Transport CC 2002(4) SA 483(SCA) |
|
CLISB - 2002,
v.20(3), p.55 |
|
|
Close
corporation
Section 152 of Insolvency Act application to close corporation
- Nedcor Bank Ltd and Others v The Master and Others
2002(5) SA 132(SCA) |
|
CLISB - 2002,
v.20(3), p.55 |
|
|
Companies
Enquiry under s147 of the Companies Act 61 of 1973 - Michelen
Tyre Co (South Africa) (Pty) Ltd v Janse van Rensberg and
Others 2002(5) SA 239(SCA)
Remuneration of co-liquidators - Botha v Swanepoel
2002(4) SA 577(T) |
|
CLISB - 2002,
v.20(3), p.56 |
|
|
Contracts
Signed credit application form containing standard terms of
supply - Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd
2002(4) SA 681(SCA)
Agreement unenforceable if signed under duress - BoE Bank
Bpk v Van Zyl 2002(SA) 165(C) |
|
CLISB - 2002,
v.20(3), p.56 |
|
|
Insurance
Insurable interest - Lynco Plant Hire & Sale BK v
Univem Versekeringsmakelaars BK 2002(5) SA 85(T) |
|
CLISB - 2002,
v.20(3), p.58 |
|
|
Labour law
Vicarious liability of employer - Stein v Rising Tide
Productions CC 2002(5) SA 199(C)
Employer's liability towards 'disappointed beneficiary' - Aucamp
and Others v University of Stellenbosch 2002(4) SA 544(C) |
|
CLISB - 2002,
v.20(3), p.58 |
|
|
Monetary law
Mora interest - Sasria Ltd (formerly South African
Special Risks Insurance Association) v Certain Underwriters at
Lloyds 2002(4) SA 474(SCA) |
|
CLISB - 2002,
v.20(3), p.59 |
|
|
MVA
Claim for loss of support - Du Plessis v
Motorvoertuigongellukefonds 2002(4) SA 596(T)
Mobile crane a 'motor vehicle' - Mtamane v Road Accident
Fund 2002(4) SA 599(N) |
|
CLISB - 2002,
v.20(3), p.60 |
|
|
Property law
Neighbour complaining about electric fence - Dorland
and Another v Smith 2002(5) SA 374(C)
Prevention of illegal eviction from and unlawful occupation of
land - Ndlovu v Ngcobo ; Bekker and Another v Jika (case
no.240/2001 ; 136/2002. Judgment delivered 30 August 2002,
SCA)
Lessor selling premises after cancellation of lease effect on
computation of damages - Solomon NO and Others v Spur Colol
Corporation (Pty) Ltd and Others 2002(5) SA 214(C) |
|
CLISB - 2002,
v.20(3), p.61 |
|
|
Surety
Certificate of indebtedness - Solomon NO and Others v
Spur Colol Corporation (Pty) Ltd and Others 2002(5) SA 214(C) |
|
CLISB - 2002,
v.20(3), p.63 |
|
|
Tax
Deductions - Commissioner, South African Revenue
Service v Kajadas Cosmetics (Pty) Ltd 2002(4) SA 709(T)
Deduction of interest paid by company on interest-bearing loan
account - Commissioner, South African Revenue Service v
Scribante Construction (Pty) Ltd 2002(4) SA 835(SCA)
Dividends : loan by company to a trust - Commissioner,
South African Revenue Service v Dyefin Textiles (Pty) Ltd
2002(4) SA 606(N)
Profit on sale of land - Wyner v Commissioner, South
African Revenue Service 2002(4) SA 744(C)
Customs and Excise Act 91 of 1964 - First National Bank of
SA Ltd t/a Wesbank v Commissioner, South African Revenue
Service and Another ; First National Bank of SA Ltd t/a
Wesbank v Minister of Finance 2002(4) SA 768(CC) |
|
CLISB - 2002,
v.20(3), p.63 |
|
| Publications
and research |
|
CLISB - 2002,
v.20(3), p.66 |
|
| Analysis |
|
Electronic
Communications and Transactions Act 25 of 2002 |
|
CLISB - 2002,
v.20(3), p.68 |
|
| Legislation |
|
CLISB - 2002,
v.20(3), p.73 |
|
|
|
| De
Jure |
|
| Personalia |
|
Judge of Appeal D
G Scott |
|
DJ - 2002, v.2,
p.iii |
|
| Editor's
note |
|
DJ - 2002,
v.2, p.iv |
|
| The
operation of presumption of innocence and its role in bail
proceedings under Canadian and South African Law |
|
Wium de Villiers |
|
DJ - 2002,
v.2, p.195 |
|
| The
Constitution and the application of customary family law in
South Africa |
|
I P Maithufi |
|
DJ - 2002,
v.2, p.207 |
|
| Taking
children's rights seriously |
|
Nicholas Glasser |
|
DJ - 2002,
v.2, p.223 |
|
| 'n
Historiese perspektief op die ontwikkeling van die maatskappy
as ondernemingsvorm, met besondere verwysing na die posisie
van maatskappyskuldeisers en die aanspreeklikheid van
direkteure (Deel 1) |
|
Sulette Lombard |
|
DJ - 2002,
v.2, p.236 |
|
| Opening
the gaps in legality : the rule of law, its legitimation
and political dissent from the post-communist and South
African perspective |
|
Jiri Priban |
|
DJ - 2002,
v.2, p.253 |
|
| Geregtigheidswindeiers
en die groeiende behoefte aan fundamentele regte in die
materiele strafreg : 'n regsantropologiese perspektief op
die onverymydelikheid van die uitfasering van die
kousaliteitselement |
|
J M T Labuschagne |
|
DJ - 2002,
v.2, p.265 |
|
| The
African charter on the rights and welfare of the child, family
law and children's rights |
|
Trynie Davel |
|
DJ - 2002,
v.2, p.281 |
|
| Forensic
and scientific developments in genomics and the impact on
criminal and legal investigations : DNA testing |
|
Joaquim de Gama |
|
DJ - 2002,
v.2, p.297 |
|
| Breathing
constitutional values into law of contract : freedom of
contract and the Constitution |
|
D D Tladi |
|
DJ - 2002,
v.2, p.306 |
|
| Therapeutic
cloning - OK? |
|
Marie Blackbeard |
|
DJ - 2002,
v.2, p.318 |
|
| Is
die kind se reg op 'n geweldsvrye opvoeding en die ouerlike
tugbevoegdheid versoenbaar? : opmerkinge oor die onslangse
ontwikkelinge in die duitse reg in die verband |
|
J M T Labuschagne |
|
DJ - 2002,
v.2, p.327 |
|
| Onbehoorlike
beinvloeding : testeerbevoegdheid versus testeervryheid |
|
M C Schoeman-Malan |
|
DJ - 2002,
v.2, p.333 |
|
| Recent
Case Law |
|
| Kgaleng
v Minister of Safety and Security 2001 4 SA 854(W) -
private defence in delict - objective nature of test -
putative private defence no ground of justification but
indicative of absence of fault |
|
John Scott |
|
DJ - 2002,
v.2, p.342 |
|
| Reuters
Group PLC v Viljoen 2001 3 SA 288(K) - foundation
values of the constitution on accountability - review of
action taken by prosecuting authorities to obtain evidence
sought by them for purposes of criminal prosecuting -
assessment of the requirement that an organ of state must act
in good faith in exercising public power |
|
P A Carsten |
|
DJ - 2002,
v.2, p.348 |
|
| Jordaan
v Jordaan 2001 3 SA 288(K) - gebruik van trusts deur
oprigter/trustee vir persoonlike voordeel - inagneming van
trustbates by herverdelingsbevel |
|
A van der Linde en
J P M Venter |
|
DJ - 2002,
v.2, p.355 |
|
| Ten
Brink NO v Motala 2001 1 SA 1011 (D) - koopkontrak van
grond - kontrakspartye en formaliteite waar 'n
verteenwoordiger names die koper optree |
|
D J Lotz |
|
DJ - 2002,
v.2, p.361 |
|
| Odendaal
v Odendaal 2002 1 SA 763 - abtekenis van
"huweliksvoorwaardes" in artikel 2 van die wet op
Huweliksgoedere 88 van 1984 - belang daarvan vir onformele
voorhuwelikskontrakte met die aanwasbedeling |
|
L Neil van
Schalkwyk |
|
DJ - 2002,
v.2, p.368 |
|
| Theron
v Master of the High Court [2001]3 All SA 507(NC) -
Sections 2(3) and 4A of the Wills Act of 1953 - joint will -
witness to a will allowed to benefit |
|
Anneliese Roos |
|
DJ - 2002,
v.2, p.372 |
|
| Cronje
v United Cricket Board of South Africa 2001 1 SA 1361(T)
- definition of "administrative action" - private
bodies - rules of natural justice - absence of
contract/empowering provision |
|
M P Ferreira |
|
DJ - 2002,
v.2, p.391 |
|
|
| Mort
NO v Henry Shields-Chiat 2001 1 SA 464(C) - Law of
contract - considerations of equity - constitutiona values |
|
Paul du Plessis |
|
DJ - 2002,
v.2, p.385 |
|
|
|
| De Rebus
- November 2002 |
|
| Ask
attorneys what they really want from the Fidelity Fund |
|
Editorial |
|
DR - 2002 November
http://www.derebus.org.za/current/editorial/editorial.htm |
|
| Letters |
|
Wrong for
Magistrates to be called Judges
http://www.derebus.org.za/current/letters/Magistrates.htm |
|
Non-variation
clause in divorce settlement
http://www.derebus.org.za/current/letters/Divorce.htm |
|
What about credit
checks for practitioners?
http://www.derebus.org.za/current/letters/Credit.htm |
|
Does LAB need to
advertise?
http://www.derebus.org.za/current/letters/LAB.htm |
|
Time to jack up
courts and police
http://www.derebus.org.za/current/letters/Police.htm |
|
Judges need
bodyguards
http://www.derebus.org.za/current/letters/Bobygaurds.htm |
|
Can attorneys run
legal insurance businesses?
http://www.derebus.org.za/current/letters/Insurance.htm |
|
Voer idee van
Afrikaanse orde en tydskrif deur!
http://www.derebus.org.za/current/letters/Afrikaans.htm |
|
'n Vrye vertolking
http://www.derebus.org.za/current/letters/Vertolking.htm |
|
Why can candidate
attorneys not appear before CCMA?
http://www.derebus.org.za/current/letters/Attorneys.htm |
|
Top student cannot
get articles
http://www.derebus.org.za/current/letters/Student.htm |
|
Collegial
disrespect is unprofessional
http://www.derebus.org.za/current/letters/Collegial.htm |
|
Does customary law
prevail?
http://www.derebus.org.za/current/letters/Custom.htm |
|
Government liable
for shark attacks?
http://www.derebus.org.za/current/letters/Shark.htm |
|
DR - 2002 November |
|
| Peer
inspections of trust accounts a brilliant idea, but ... |
|
Simphiwe Mtshengu |
|
DR - 2002 November
http://www.derebus.org.za/current/letters/Trust.htm |
|
| Little
chance of black names on SA attorneys' letterheads |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Attorney.htm |
|
| Black
lawyers seek ways of garnering more complex and rewarding work |
|
DR - 2002 November
http://www.derebus.org.za/current/news/BlackLawyer.htm |
|
| Law
Society speaks out against injustice in Africa |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Africa.htm |
|
| CLA
elects new directors at AGM |
|
DR - 2002 November
http://www.derebus.org.za/current/news/CLA.htm |
|
| CLS
launches 'Know Your Rights' Campaign |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Rights.htm |
|
| Judge
Dunstan Mlambo appointed LAB chairman |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Chairman.htm |
|
| De
Rebus online's monthly hits top 100 000 |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Online.htm |
|
| Commonwealth
Law Conference Down Under attracting 'overwhelming interest' |
|
DR - 2002 November
http://www.derebus.org.za/current/news/Commonwealth.htm |
|
| People
and Practices |
|
DR - 2002 November
http://www.derebus.org.za/current/people/index.htm |
|
| Democracy
in a post-TAG society |
|
Kevin Hopkins |
|
DR - 2002 November
http://www.derebus.org.za/current/articles/Democracy.htm |
|
| Eiendomsheffings |
|
Drienie Smal |
|
DR - 2002 November
http://www.derebus.org.za/current/articles/Eiendomsheffing.htm |
|
| Should
res ipsa loquitur 'speak for itself' in medical
accidents? |
|
Patrick van den
Heever |
|
DR - 2002 November
http://www.derebus.org.za/current/articles/Medical.htm |
|
| Accounting
records : keeping, updating and retaining proper
accounting records. Practice Management |
|
Dirk Vercuil |
|
DR - 2002 November
http://www.derebus.org.za/current/pracman/pracman.htm |
|
| Estate
duty |
|
Anelia Dodd |
|
DR - 2002 November
http://www.derebus.org.za/current/step/step.htm |
|
| Law
reports |
|
DR - 2002 November
http://www.derebus.org.za/current/lawrep/lawrep.htm |
|
|
Civil procedure
and costs |
|
DR - 2002 November
http://www.derebus.org.za/current/lawrep/civil.htm |
|
|
Putting profits
before human rights? Case Note |
|
DR - 2002 November
http://www.derebus.org.za/current/lawrep/CaseNote.htm |
|
| Existing
SA weighbridges cannot be used for prosecution. Practice
Notes |
|
DR - 2002 November
http://www.derebus.org.za/current/update/PracNote.htm |
|
| New
legislation |
|
DR - 2002 November
http://www.derebus.org.za/current/update/newleg.htm |
|
| Tax
law update |
|
Capital Gainst Tax
: expatriates exposed |
|
DR - 2002 November
http://www.derebus.org.za/current/update/tax.htm |
|
| Property
Law Update |
|
Customary
marriages |
|
DR - 2002 November
http://www.derebus.org.za/archives/2002Oct/update/property.htm |
|
| Employment
Law Update |
|
DR - 2002 November
http://www.derebus.org.za/current/update/employment.htm |
|
| Recent
articles and legal research |
|
DR - 2002 November
http://www.derebus.org.za/current/update/RecentArticles.htm |
|
| Books
for lawyers |
|
Honore's Law of
Trusts |
|
DR - 2002 November
http://www.derebus.org.za/current/books/LawofTrust.htm |
|
|
|
| De Rebus
- October 2002 |
|
| The
administration of estates : turning the tide will take a
concerned effort |
|
Editorial |
|
DR - 2002 October,
p.2
http://www.derebus.org.za/scripts/derebus_s.pl?ID=45873&index=200210_editorial&hitID=0
|
|
| Letters |
|
A round of
applause and a brickbat for the CCMA
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=0 |
|
Afrikaans
judgments prejudice students
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=1 |
|
Big firms should
tutor young black attorneys
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=2 |
|
Estate agents
disobey own code
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=3 |
|
Legal
representation at the CCMA
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=4 |
|
Prisoner of war
status within the context of international humanitarian law -
October 2002
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=5 |
|
The Labour Court
must clean its house before it's too late
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=6 |
|
Time for 'senior'
attorneys - October 2002
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=7 |
|
e-PLT is 'n
uitstekende produk
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=8 |
|
'Proudly legal'
students seek contributions
http://www.derebus.org.za/scripts/derebus_s.pl?ID=43847&index=200210_letters&hitID=9 |
|
DR - 2002 October,
p.? |
|
| From
gender equality principles to social reality |
|
DR - 2002 October,
p.9
http://www.derebus.org.za/scripts/derebus_s.pl?ID=69951&index=200210_news&hitID=0 |
|
| LSSA
voices serious concern about property law ruling |
|
DR - 2002 October,
p.10
http://www.derebus.org.za/scripts/derebus_s.pl?ID=2554&index=200210_news&hitID=0 |
|
| Pretoria
attorney appointed to Law Commission |
|
DR - 2002 October,
p.11
http://www.derebus.org.za/scripts/derebus_s.pl?ID=57970&index=200210_news&hitID=1 |
|
| Law
Commission calls for comments on adult prostitution |
|
DR - 2002 October,
p.?
http://www.derebus.org.za/scripts/derebus_s.pl?ID=57970&index=200210_news&hitID=0 |
|
| Environmental
law expands the legal imagination |
|
DR - 2002 October,
p.12
http://www.derebus.org.za/scripts/derebus_s.pl?ID=37044&index=200210_news&hitID=0 |
|
| Christian
lawyers actions speak of hope for Africa |
|
DR - 2002 October,
p.13
http://www.derebus.org.za/scripts/derebus_s.pl?ID=65129&index=200210_news&hitID=0 |
|
| Magistrate
Commission's language policy |
|
DR - 2002 October,
p.13 |
|
| People,
practices and admissions |
|
DR - 2002 October,
p.14
http://www.derebus.org.za/scripts/derebus_s.pl?index=200210_people&ID=98113 |
|
| E-commerce
: a new era |
|
Jacques Jansen |
|
DR - 2002 October,
p.16
http://www.derebus.org.za/scripts/derebus_s.pl?ID=71489&index=200210_articles&hitID=0 |
|
| Kredietooreenkomste |
|
Jannie Otto |
|
DR - 2002 October,
p.22
http://www.derebus.org.za/scripts/derebus_s.pl?ID=74687&index=200210_articles&hitID=0 |
|
| There
is good black material for the judiciary |
|
Hugh Madonsela |
|
DR - 2002 October,
p.51
http://www.derebus.org.za/scripts/derebus_s.pl?ID=28841&index=200210_letters&hitID=0 |
|
| Law
reports |
|
DR - 2002 October,
p.?
http://www.derebus.org.za/scripts/derebus_s.pl?ID=53197&index=200210_lawrep&hitID=1 |
|
|
Civil procedure
and costs |
|
DR - 2002 October,
p.33
http://www.derebus.org.za/scripts/derebus_s.pl?ID=53197&index=200210_lawrep&hitID=0 |
|
|
Causation after
Fairchild. Case Note |
|
DR - 2002 October,
p.37
http://www.derebus.org.za/scripts/derebus_s.pl?ID=59539&index=200210_lawrep&hitID=0 |
|
| New
legislation |
|
DR - 2002 October,
p.39
http://www.derebus.org.za/scripts/derebus_s.pl?ID=14059&index=200210_update&hitID=0 |
|
| Tax
law update |
|
Capital Gains
Tax : pratical planning problems - and possible solutions |
|
Ben Strauss |
|
DR - 2002 October,
p.45
http://www.derebus.org.za/scripts/derebus_s.pl?ID=25872&index=200210_update&hitID=0 |
|
| Property
law update |
|
Registration
involving customary marriages entered into before implementing
of the Recognition of Customary Marriages Act |
|
Allen West |
|
DR - 2002 October,
p.47
http://www.derebus.org.za/scripts/derebus_s.pl?ID=3012&index=200210_update&hitID=1 |
|
| Employment
law update |
|
Talita Labuscher |
|
DR - 2002 October,
p.48
http://www.derebus.org.za/scripts/derebus_s.pl?ID=99727&index=200210_update&hitID=0 |
|
|
| Books
for lawyers |
|
Caney's The law of
suretyship in South Africa
http://www.derebus.org.za/scripts/derebus_s.pl?ID=62066&index=200210_books&hitID=0 |
|
Handbook of the
South African law of maintenance
http://www.derebus.org.za/scripts/derebus_s.pl?ID=62066&index=200210_books&hitID=1 |
|
Publications
received
http://www.derebus.org.za/scripts/derebus_s.pl?ID=62066&index=200210_books&hitID=2 |
|
DR - 2002 October,
p.49
http://www.derebus.org.za/scripts/derebus_s.pl?index=200210_books&ID=62066 |
|
|
|
| Employment
Law |
|
| Still
room for debate |
|
Editorial |
|
Employment Law - 2002,
v.18(5), p.3 |
|
| The
new LRA : more on the amendments |
|
Employment Law - 2002,
v.18(5), p.4 |
|
| Protecting
the disabled : the new code |
|
Employment Law - 2002,
v.18(5), p.13 |
|
| Fair
discrimination : a question of numbers |
|
Employment Law - 2002,
v.18(5), p.16 |
|
| Fixing
wages : bargaining by retrenchment |
|
Employment Law - 2002,
v.18(5), p.20 |
|
| Case
roundup : latest judgments and awards |
|
Employment Law - 2002,
v.18(5), p.23 |
|
|
Misconduct |
|
|
Vaal Toyota
(Nigel) v Motor Industry Bargaining Council and Others
[2002] 10 BLLR 936 (LAC)
A motorcar salesman was dismissed for cashing cheques payable
to customers as 'over allowance' - special discounts he was
permitted to give customers to promote sales. Instead of
using the money for this purpose, the salesman pocketed it |
|
|
Vundla/Ashley
Motors [2002] 10 BALR 1009 (CCMA)
A petrol attendant was dismissed after he was found in the
kiosk of the filling station instead of on the forecourt, as
required by the employer's rules |
|
|
SAFRAWU obo
Dwili/Epla t/a Cradock Abattoir [2000] 10 BALR 1082 (CCMA)
The applicant was dismissed for swearing at a manager |
|
|
Proof of
dismissal |
|
|
Manhattan
Motors Trust v Abdulla [2002] 10 BLLR 930 (LAC)
The respondent claimed that he had been retrenched by the
appellant ; the respondent claimed that the appellant
had agreed that his services would be terminated |
|
|
Selective
dismissal |
|
|
NUMSA and
Others v Delta Motor Corporation [2002] 9 BLLR 817 (LAC)
The appellants claimed that there was no valid basis for
distinguishing between themselves and the other employees who
had taken part in work stoppage. Delta cross-appealed
against the finding that dismissal of three appellants was
unfair |
|
|
Fixed-term
contract |
|
|
Scholtz and
Others v Dynamic Labour Brokers [2002] 9 BALR 984 (CCMA)
The commissioner held that the test for whether the non
renewal of a fixed-term contract constitutes a dismissal is
objective ; whether an employee had a reasonble
expectation that the contract would be renewed must be
assessed in the light of the circumstances surrounding the
decision not to renew |
|
|
Enforcement |
|
|
Khoza v Sasol
Limited [2002] 9 BLLR 868 (LC)
It concerned the qeustions whether, and in what circumstances,
an arbitration award can be made an order of court if a review
application is pending |
|
|
Disciplinary
procedure |
|
|
Rand Water obo
Zwane v Rand Water Staff Association [2002] 10 BALR 1014
AMSSA)
The grievant was dismissed for issuing unauthorised petrol
voucher |
|
|
No second
chance |
|
|
Paper v
Amalgamated Burglar Alarms [2002] 10 BALR 1064
The employer was preparing written heads of argument, it
realised that its case was based entirely on hearsay evidence |
|
|
Voluntary
worker |
|
|
Ngsei v
Itereleng Creche [2002] 9 951 (CCMA)
The employer argued that the dispute had been settled in terms
of an agreement and that Ms Ngesi was not an employee, but a
voluntary worker |
|
|
Unfair labour
practice |
|
|
Lotter v The
South African Police Services [2000] 10 BALR 1003 (PSSSBC)
A senior police officer had applied for a promotional
post. For reasons unknown his application was not
processed before an appointment was made |
|
|
Industrial
Court |
|
|
Vryheid (Natal)
Railway, Coal and Iron Company v Commissioner Deysel and
Others [2002] 9 BLLR 913 (LC)
Employer contended that the court lacked jurisdiction to
entertain applications for review of decisions of the
Industrial Court, or of the decision of CCMA Commissioners
acting in the name of that Court under transitional court |
|
|
|
| South
African Journal on Human Rights |
|
| R
if C > P + B : a paradigm for judicial remedies of
socio-economic rights violations |
|
Thomas J Bollyky |
|
SAJHR - 2002,
v.18(2), p.161 |
|
| The
constitutional roles and responsibilities of lower courts |
|
Sarah Jagwanth |
|
SAJHR - 2002,
v.18(2), p.201 |
|
| Freedom
of the person and the principles of criminal fault |
|
Victor V Ramraj |
|
SAJHR - 2002,
v.18(2), p.225 |
|
| Reforming
the customary law of succession |
|
Likhapha Mbatha |
|
SAJHR - 2002,
v.18(2), p.259 |
|
| The
mediation of human rights disputes |
|
Alan Rycroft |
|
SAJHR - 2002,
v.18(2), p.287 |
|
| Book
Review |
|
Justice gone cosmo
: on our duties as citizens of the world / Darrel Moellendorf
Cosmpolitan Justice
Christopher J Roederer |
|
Christopher J
Roederer |
|
SAJHR - 2002,
v.18(2), p.298 |
|
|
|
| The
Taxpayer |
|
| SARS's
liability under common law to pay interest |
|
Editorial |
|
Taxpayer - 2002,
v.51(9), p.161 |
|
| Interest
rates on taxes over and under paid |
|
Taxpayer - 2002,
v.51(9), p.162 |
|
| South
African residence of natural persons |
|
Interpretation
notes 3 and 4 |
|
Taxpayer - 2002,
v.51(9), p.163 |
|
| Foreign
dividends ; deductibility of interest |
|
Interpretation
notes 2, second version |
|
Taxpayer - 2002,
v.51(9), p.169 |
|
| Deductible
donations to public benefit organisations |
|
Taxpayer - 2002,
v.51(9), p.172 |
|
| Liquidation
or deregistration of companies regulations as to steps |
|
Taxpayer - 2002,
v.51(9), p.173 |
|
| Debtors
chasing creditors |
|
Taxpayer - 2002,
v.51(9), p.174 |
|
| Case
law |
|
Secondary tax on
companies refundable because of retrospective exemption
; taxpayer entitled to mora interest on refundable
amount |
|
Taxpayer - 2002,
v.51(9), p.174 |
|
| Readers'
Forum |
|
Restraint of trade
; sale of business or practice |
|
Taxpayer - 2002,
v.51(9), p.180 |
|
|
|
| Tydskrif
vir Hedendaagse Romeins-Hollandse Reg |
|
| The
onus of proof in bail proceedings under South African and
Canadian Law (2) |
|
W de Villiers |
|
THRHR - 2002,
Bd.65(4), p.497 |
|
| The
constitutional concept of co-operative government and its
application in education |
|
E Bray |
|
THRHR - 2002,
Bd.65(4), p.514 |
|
| Die
interpretasie van artikel 2C van die Wet op Testmente 7 van
1953(3) |
|
J Jamneck |
|
THRHR - 2002,
Bd.65(4), p.532 |
|
| The
child's right to be heard in a custody and access
determinations |
|
A Barratt |
|
THRHR - 2002,
Bd.65(4), p.539 |
|
| Aanspreeklikheid
vir "nuwe" risiko's : moontlikhede en beperkinge
van die Suid-Afrikaanse deliktereg |
|
J Neetling |
|
THRHR - 2002,
Bd.65(4), p.574 |
|
| AANTEKENINGE |
|
| Dignity
and open court in undefended divorce proceedings : a
proposal for reform |
|
K Muller and M
Tait |
|
THRHR - 2002,
Bd.65(4), p.593 |
|
| Voordeel
vir skuldeisers in geval van gedwonde sekwestrasie as gevolg
van agterstallige heffings ingevolge die Wet op Deeltitels |
|
C Louw |
|
THRHR - 2002,
Bd.65(4), p.597 |
|
| Enkele
gedagtes oor die Komitee van die Regte van die Kind |
|
J A Robinson |
|
THRHR - 2002,
Bd.65(4), p.600 |
|
| Voluntary
winding-up of a company and "dismissals" in terms of
the Labour Relations Act |
|
B P S van Eck and
A Boraine |
|
THRHR - 2002,
Bd.65(4), p.610 |
|
| Notes
on certain criminal prohibitions in the Private Security
Industry Regulation Act 56 of 2001 |
|
P J Visser |
|
THRHR - 2002,
Bd.65(4), p.623 |
|
| The
freedom to propagate a religion or denomination as an element
of the right to freedom of religion |
|
G van der Schyff |
|
THRHR - 2002,
Bd.65(4), p.627 |
|
| The
noting of an appeal against a winding-up order :
suspension or continuation? |
|
P A Delport and D
A Burdette |
|
THRHR - 2002,
Bd.65(4), p.632 |
|
| Standing
time clauses - where do we stand? |
|
B Kuschke |
|
THRHR - 2002,
Bd.65(4), p.638 |
|
| VONNISSE |
|
| Revaluation
of conditions of title - Camps Bay Ratepayers
Association v Minister of Planning Western Cape |
|
J van Wyk |
|
THRHR - 2002,
Bd.65(4), p.642 |
|
| Aspects
of the "once and for all" rule in a contractual
claim - Signature Design Workshop CC v Eskom Pension
and Provident Fund |
|
P J Visser |
|
THRHR - 2002,
Bd.65(4), p.649 |
|
| Die
staat se beskermingsplig teenoor 'n aangehoudene met
selfdodingsneigings - Kudla v Poland EHRM |
|
J T M Labuschagne |
|
THRHR - 2002,
Bd.65(4), p.652 |
|
| Summary
execution clauses in pledge and 'perfecting clauses' in
notarial bonds - Findveco (Pty) Ltd v Faceformat SA
(Pty) Ltd |
|
S Scot |
|
THRHR - 2002,
Bd.65(4), p.656 |
|
| Pharmaceutical
tablet shapes as trade marks - Triomed (Pty) Ltd v
Beecham Group plc |
|
H Blignaut |
|
THRHR - 2002,
Bd.65(4), p.665 |
|
|
| Business
Day |
| * |
Victim
of crime label gains new meaning - 3 October
Lawyers will have to tread warily once the Financial
Intelligence Centre Act is promulgated. They will also need to
know the difference between "confidential
information" and "privileged information" as
far as their clients are concerned |
|
| * |
Executives
liable for access to data - 3 October
Chief information officers could face jail sentences of up to
two years if they fail to set up systems to let people access
the data their companies have compiled about them |
|
|
Valid
contract can be concluded by e-mail - 5
November
Many barriers to e-business have been removed by the
introduction of the Electronic Communications and Transactions
Act, which will enable businesses and individuals to transact
and communicate more easily using technology, says Wim Mostert |
|
|
Bankers
who launder dirty funds face jail
Investigations are under way into financial institutions which
have assisted racketeers hide the proceeds of crime and guilty
bankers are expected to be behind bars from next year |
|
|
Bankrupt
companies to pay taxman more
The taxman will in future get a bigger slice of the cake when
companies are liquidated, leaving less money to distribute to
other creditors |
|
|
Insurance
sector drafting own charter
Like the controversial mining charter, the financial sector
charter is expected to include targets on equity ownership,
employment equity and black participation in procurement
deals. The banking sector and the short-term insurance sectors
have also been meeting to draft specific frameworks for their
industries |
|
|
Trusts
can be traps
The Natal High Court had recently to determine whether a
taxpaying company was liable for secondary tax (Commissioner,
SA Revenue Service v Dyefin Textiles) |
|
| * |
Lawyers
ready to debate with Road Accident Fund
- 8 November
The Law Society of SA yesterday denied a statement by the Road
Accident Fund that it had declined further debate on the
direct payment of vehicle accident victims, saying that it was
willing to meet with the fund's controlling board |
|
|
Municipal
values are the issue
Two years after the Property Rights Bill was first published
for comment, farmers are still railing against the proposed
tax on agricultural land. Whereas in the past farmers
wanted to be exempted from paying taxes on farming land, their
opposition has shifted to stopping municipalities from
charging rates on an "ad hoc" basis while
legislation is finalised |
|
|
Erosion
of property rights sets SA on slippery slope
Government, together with business and the unions, is
"selling" the new Minerals and Petroleum Resources
Act (and the Mining Charter it includes) to overseas investors |
|
| * |
Amendment
aims to ensure stability for landowners
The Democratic Alliance (DA) has introduced a private member's
bill to Parliament which aims to stop defaulting tenants and
bondholders from using the protection of an appeal court
ruling from staying on a property, while refusing to pay their
rent or bonds |
|
|
Is
legislation in domestics' best interest?
Employers of domestic workers are legally obliged for the
first time to pay their employees a set wage and register them
with both the Unemployment Insurance Fund and the Compensation
Fund |
|
|
Edcon-CNA
merger approved
Competition Tribunal has approved the purchase by Edgars
Consolidated Stores Ltd (Edcon) of the majority of the
operations of liquidated retailer Central News Agency (Pty)
Ltd and Consolidated News Agencies (Pty) Ltd (together CNA),
the Tribunal announced |
|
|
|
| Business
Report |
|
Quality
of corporate governance more important than quantity, King
tells lawyers' conference - 22 October
The best way to ensure a company was properly run was to
practise qualitative corporate governance rather than
quantitative, Mervyn King, the chairman of the King committee
on corporate governance, told international lawyers |
|
|
Local
intelligence centre aims to hang money launderers out to dry
- 20 October
South Africa has published draft regulations forcing banks to
report suspicious transactions to clamp down on as much as $8
billion a year in money laundering and to prevent the
financing of terrorists |
|
|
Union
court case on land restitution dismissed - 3
November
Millions of African families dispossessed of their land by the
apartheid regime sighed with relief this week when efforts by
the Transvaal Agricultural Union (TAU) to dilute the land
restitution process were dismissed with costs by the Randburg
land claims court |
|
|
Traditional
leaders want more time to comment on land bill
- 8 October
The Congress of Traditional Leaders of SA (Contralesa) is to
ask the land affairs department to extend its October 14
deadline for submissions regarding the Communal Land Rights
Bill because of concerns over the role of land boards |
|
|
Changed
home loans bill 'will satisfy stakeholders' - 5
November
The housing ministry was confident the Community Reinvestment
Bill would satisfy all stakeholders when it was enacted into
law in parliament, said Sankie Mthembi-Mahanyele, the minister
of housing |
|
|
Environmental
survey says SA lacks both effective laws and enforcement
- 16 October
South Africa lacks effective environmental legislation and the
capacity to enforce its existing legislation, resulting in
industry regulating itself. This was the of view of
environmental justice organisation groundWork |
|
|
State
outlaws use of fake summonses - 7 November
Letters of demand for payment and other quasi-legal documents
that are made to look like court summonses have been outlawed
by the government and declared unfair business practice |
|
|
Graphic
cigarette pack law set for next year - 8
October
Legislation forcing tobacco companies to publish pictures of
diseased mouths and cancerous lungs on cigarette packets is
expected to be passed early next year |
|
|
|
| CFO
Web |
|
Problems
with CGT - 28 Otober
Paul Ferreira, Werksmans |
|
|
|
| CNet |
|
Google
adds new Web pages
Google now indexes just more than 3 billion Web pages |
|
|
Trust
or treachery? - 7 November
Security technologies could backfire against consumers |
|
|
Bank
error exposes e-mail addresses - 5 November
Bank of the West exposed the e-mail addresses of thousands of
its online banking customers in a mistake it blamed on
"human error" |
|
|
Europe's
cops can't collar cybercriminals - 1 November
The broad threat of cybercrime has puzzled police forces
around the world for years. And now there is mounting evidence
that organized criminal groups are using new technologies to
commit everyday crimes and some new ones |
|
|
Instant
messaging hits a growth spurt - 5 November
It's not just kid stuff any more. America Online offers a
version of its instant messenger for big-business use, and
players from AOL and Wall Street firms to the Internet's
governing body move to end the messaging industry's
fragmentation |
|
|
|
| Dispatch
Online |
|
Bill
updating 1927 Act approved
- 6 November
Legislation bringing yet another section of the archaic Black
Administration Act of 1927 into line with the Constitution was
unanimously approved in the National Council of Provinces |
|
|
|
| EContent
Magazine |
|
What
consumers tell us about paying for news online
Previous research on the question of charging for Web site
content has not been encouraging for publishers |
|
|
|
| FindLaw |
|
Interpol
is finally going digital - 23 October
By the end of next year, Interpol officials hope, all 181
member countries will be linked to an Internet-based
clearinghouse on criminals that will flash digital
fingerprints, pictures and even DNA profiles to anyone with a
personal computer, the right software and proper authorization |
|
|
Reuters
accused in privacy case - 28 October
A small Swedish information technology company Monday filed
criminal charges against news service Reuters PLC for
obtaining an earnings report from a Web page it considered
private |
|
|
Mickey
Mouse versus Wired Magazine - 24 October
The Supreme Court considers whether a law extending the
copyright term is constitutional |
|
|
|
| Guardian
Unlimited
(UK) |
|
No
stoning, Nigerian minister vows - 30 October
Nigeria acted to avert threatened boycotts of the Miss World
beauty pageant by promising to stop Islamic courts carrying
out executions by stoning. The minister of state for
foreign affairs, Dubem Onyia, said: "Nobody will ever be
stoned as a result of sharia law. Nobody" |
|
|
|
| The
Independent
(UK) |
|
Sex,
pay, politics, scandals and ethics - City lawyers lay their
lives bare on the internet - 19 October
The unsavoury truth about pay, politics and sexual attitudes
inside prestigious City law firms is laid bare in an internet
chatroom which has become a "must-visit" for
solicitors see
http://www.rollonfriday.com/ |
|
|
Animal
welfare takes a huge leap forward with new laws – but old
anomalies remain - 17 October
Landmark legislation puts a duty of care on anyone keeping
pets and other creatures to prevent their ill-treatment |
|
|
|
| Independent
Online (IOL) |
|
Lawyer
in the dock for 'raping 14-year-old' - 6
November
A Pietermaritzburg-based lawyer Mthunzi Robinson Manzi will
stand trial in the Durban High Court in February accused of
raping a 14-year-old girl |
|
|
Former
prosecutor in court on fraud charges - 15
October
A former Matatiele prosecutor appeared in the Durban Regional
Court accused of defrauding a businesswoman of thousands of
rands. Nicho Botha made a brief appearance in court
after a series of fraud charges against him |
|
|
Can
you be jailed for not paying maintenance? - 6
November
Lawyers for an ex-husband and wife will argue in the
Constitutional Court over whether the husband can be jailed
for not paying maintenance |
|
|
'I
chewed my father's whip' - 9 October
A seven-year-old boy gnawed at the whip at night so that his
father could not hit him and his siblings so hard with it
anymore, a court was told |
|
|
Single
mom's eviction defies court ruling - 19
November
A Wynberg magistrate, a welfare organisation and its attorneys
could be the first victims of a controversial ruling on
property rights that tenants have the same legal protection
from eviction as squatters.They evicted a single mother from
her flat, ignoring a Supreme Court of Appeal judgment that she
had to be protected in terms of the Prevention of Illegal
Eviction Act |
|
|
No
place for refugees fleeing African tyrants - 26
October
Legal bodies and human rights organisations have launched a
major attack on the department of home affairs for alleged
contraventions of South Africa's laws and international
treaties for handling refugees |
|
|
Foreign
nationals 'held for months' - 7 October
Draconian legislation "reminiscent of Victorian
England" has made it possible for the Department of Home
Affairs to detain hundreds of foreign nationals for weeks or
months without trial, say Lawyers for Human Rights in papers
before court |
|
|
Sex
for sale stays illegal - for now - 9 October
The Constitutional Court ruled against the keeping of brothels
and sex for reward. But the country's top 11 judges were
split 6-5 on whether sex for reward was constitutional as they
upheld the Sexual Offences Act
see
Jordan and others v S
above
|
|
|
Kilimanjaro
snow cap 'gone in two decades' - 17 October
The snow cap of Mount Kilimanjaro, famed in literature and
beloved by tourists, first formed some 11 000 years ago, but
will be gone in two decades, according to researchers who say
the ice fields on Africa's highest mountain shrank by 80
percent in the past century |
|
|
|
| IT
Web |
|
Test'
govt crypto site raises hackles everywhere - 3
October
A government test Web site went live this weekend, causing
alarm nationally within 20 minutes and internationally within
two days |
|
|
|
| LA
Times |
|
For
whales' sake, Judge halts sonar - 1 November
Navy's worldwide use of powerful new system is banned until
military and environmentalists agree on where it's not likely
to hurt animals |
|
|
|
| Law.com |
|
No
new trial though lawyer was disturbed - 1
October
A man who pleaded guilty to murdering his father's girlfriend
with a hatchet does not have an absolute right to a new trial
simply because his lawyer was mentally ill, a unanimous
appellate court ruled |
|
|
|
| Mail
and Guardian |
| * |
Shadowy
state firm gets the nod - 25 October
The Electronic Communications Security (Pty) Ltd Bill gives
the state sweeping powers to procure electronic communications
know-how and to expand its financial interests
see
references above to Parliamentary
Minutes
|
|
|
RAF
suspends chief financial officer - 26 October
The Road Accident Fund (RAF) said on Friday it had suspended
its chief financial information officer (CFO), Duncan
Anderson, with immediate effect |
|
|
Scorpions
arrest two over RAF fraud- 6 November
The Scorpions arrested two men, one a police inspector, in
connection with Road Accident Fund (RAF) fraud on
Wednesday.
The policeman allegedly falsified dockets related to fund
claims, the RAF said. The other man arrested was thought
to have done touting for lawyers in the Ekangala area.
"Both these suspects are linked to lawyers who have been
lodging fraudulent claims" |
|
|
Draft
law will weed out the terrorists - 1 November
With the spotlight on South Africa's security agencies'
ability to prevent terrorism following bomb blasts near
Johannesburg, the National Assembly approved four bills to
enhance the effectiveness of the intelligence services |
|
|
SLA
leader arrested in Cape Town - 9 November
The leader and last remaining member of the Symbionese
Liberation Army - a radical group that committed politically
motivated crimes in the United States in the 1970s - was
arrested in Cape Town |
|
|
Turning
the screws on defaulting dads - 4 October
The drama of getting her former husband to court to set
maintenance for their children was the first in a series of
events that left Karen* defeated, cynical and a single parent
in every sense of the word |
|
|
Couple
freed ahead of Sharia stoning - 23 October
A Nigerian woman will be able to give birth outside of prison
and, along with her former lover, prepare an appeal against a
sentence to death by stoning |
|
|
Swazi
chief justice, king head for showdown
Swaziland's Chief Justice announced that the High Court would
continue hearing the case of the alleged abduction of an
18-year-old Swazi schoolgirl by messengers of King Mswati two
weeks ago, despite threats from the Royal Palace |
|
|
Easy
e-governance - 28 October
The e-Africa initiative was launched in Sandton ahead of an
African workshop on building e-governance to be held in
Johannesburg from October 28 to 31 |
|
|
Power
shifts in 21 municipalities - 26 October
Political control changed hands in 21 municipalities in four
provinces following a 15-day floor-crossing window period for
local councillors - 13 of them in the Western Cape |
|
|
Dagga
debate smoulders on in the US - 5 November
More than three decades after the start of the pot-powered
hippie revolution, voters in six US states will vote on
Tuesday on the still-smouldering issue of whether to ease laws
on marijuana use |
|
|
HIV
and lemons : sour but safe - 4 October
After investigating traditional contraceptive techniques, an
eminent Australian-based scientist has proved that lemon juice
diluted five to one with water kills HIV and sperm within
seconds |
|
|
Absolute
property ownership rights knocked - 27
September
The development from apartheid to democracy continues to
contain surprises and delicious ironies. Take the recent
Supreme Court of Appeal decision in Ndlovu v Ngcobo: Becker
and Another v Jika |
|
|
Government
to rescue black farmers- 11 October
The Limpopo government has called in agricultural experts to
help resurrect a string of ailing black-owned farms regained
through the state's land redistribution programme |
|
|
Court
to decide on farm burials - 11 October
The body of a Mpumalanga farm labourer has been kept on ice
for three weeks while the Department of Land Affairs defends
its contentious legislation on burial rights in the Land
Claims Court |
|
|
Zim
farmers hatch plan to end land deadlock - 6
November
Zimbabwe's white farmers' union has launched a plan to break a
deadlock between it and the government over land reform a week
after two of its leaders resigned, a statement said |
|
|
Breakthrough
in DNA fingerprinting - 29 October
An invisible dusting of dandruff or a sweaty palm could be
enough to identify criminals, using a revolutionary DNA
technique developed by an Australian researcher |
|
|
Titanic's
unknown child victim given a name - 5 November
More than 90 years after the Titanic hit an iceberg and sank
in the North Atlantic, the identity of one of the victims has
finally been discovered by means of DNA matching |
|
|
Shipwreck
leads to R15-million in claims at Santam - 5
November
The stranding of the Jolly Rubino off the St Lucia estuary had
led to claims totalling almost R15-million for one of Santam's
underwriting agencies, Associated Marine Underwriting Agency
(Amua) |
|
|
The
hunting industry must embrace ethical practices
- 25 October
Africa has become a prime location for a thriving hunting
industry.
Perhaps the only way to understand why the industry is so
lucrative is to ask what drives the desire to hunt. What is
the psychology of hunting, and what are the ethical questions
it raises? |
|
|
This
is what democracy looks like
PC Review |
|
|
|
| Nando
Times |
|
Adobe
introducing Web-based digital signature software
Adobe Systems Inc. has long offered its Acrobat Reader
software for free, a calculated move that has helped make its
Portable Document Format a de facto standard on the Internet.
Adobe has taken that strategy to the next level, launching a
Web-based package that will enable companies that offer
PDF-formatted forms online to have people fill out and
digitally sign them electronically |
|
|
|
| Natal
Witness |
|
National
Be Positive Day - 1 November
Here are some reasons to be cheerful about South Africa |
|
|
Drug
accused's brother arrested - 2 November
Anil Harrichand, the man who called himself the "biggest
drug dealer in Pietermaritzburg", was arrested outside
the Pietermaritzburg Magistrate's Court on charges of
intimidation after he threatened to shoot the magistrate
presiding over his brother Sunil's drug-dealing case |
|
|
Family
joy as accident fund settles with injured runner
- 15 October
Popular Pietermaritzburg sportsman and wildlife enthusiast
Hugh Brown (46), who suffered frontal brain damage after being
run over by a taxi while road-running outside Richards Bay in
1996, was awarded substantial compensation in an out-of-court
settlement with the Road Accident Fund (RAF) |
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Swazi
A-G apologises to judges as abduction case is shelved
- 6 November
Swaziland's attorney-general, Phesheya Dlamini, apologised to
three high court judges after sending threatening letters to
them last Friday to drop the abduction case against the
country's monarch or resign |
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Schoolboy
fights become big business - 8 November
Schoolboy fights are becoming big legal business - as proven
by Maritzburg College's decision to appoint a senior attorney
to sort out squabbles in "mini criminal trials" for
which pupils arrive, often armed with their parents' personal
attorneys |
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| News24.com |
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Mbeki
appoints new judges - 4 November
Two new judges in the Supreme Court of Appeal are among
several appointments to the bench announced by the presidency |
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| * |
'Landlords'
rights threatened' - 14 October
The Law Society of South Africa (LSSA) reiterated on Monday
that a judgment by the Supreme Court of Appeal in Bloemfontein
in August is a serious threat to landlords' rights |
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Amakosi
must help government - 29 October
The role of traditional leaders in governance should be
advisory and supportive in nature, according to a draft white
paper on the role of the amakhosi |
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Advocate
gets 5yrs for fraud - 8 October
Dr Eugene Berg, the Cape Town advocate who helped Pretoria
millionaire attorney Albert Vermaas to establish a bank to
channel millions of rand into an unlawful investment scheme,
was sentenced to five years in prison |
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Maintenance
courts : men also suffer - 7 November
Constitutional Court judges quizzed an advocate who argued
that fathers defaulting on their child maintenance payments
had as many problems with court processes as the children's
mothers |
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SA
'too dangerous' for toddler - 22 October
The legal representative of Waiiven's family in East London
says the judge found that should the child be returned to East
London, it would be the same as allowing him to grow up in the
inner cities of America in the early 60s, which were
characterised by violence and an inadequate school system |
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|
|
| The
Observer
(UK) |
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Reasonable
behaviour - 20 October
Divorce judges are increasingly recognising the wife's input
as worth half the couple's total assets |
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|
Adoption
law victory for parents - 13 October
Thousands women who gave away their babies for adoption over
the past 60 years are to be given the right to contact the
children |
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Law
set to ban circus tricks by wild animals - 3
November
A crackdown on the treatment of animals in circuses, which
could see wild creatures banned from performing, is being
drawn up by the government |
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|
| Q |
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UK
upper house says yes to gay adoptions - 6
November
Britain is to allow unmarried couples including gays to adopt
children after the country's upper house of parliament, the
House of Lords, gave its surprise backing to a controversial
bill |
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|
|
| The
Register |
|
Web
sites blackout over Spanish monitoring law - 14
October
Spanish Web site operators have taken their sites offline in
protest at government proposals to regulate online content |
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|
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| The
Scotsman |
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Abuser
freed as fourth trial fails
- 18 October
A convicted paedophile once branded a "public
danger" walked free from court after standing trial an
unprecedented four times on a charge of assaulting a teenage
boy |
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|
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| Sunday
Times |
|
The
Joburg High Court is falling apart, complain the judges
- 27 October
Judges of the Joburg High Court, the busiest and most
overloaded in the land , are fuming about the conditions under
which they have to work |
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Govt
joins money laundering body
Not only was the Money Laundering Advisory Council (MLAC)
launched last week, but a special partnership between
government and the centre was created |
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R332m
lottery fund bungle
- 20 October
Outdated legislation and bureaucratic bungling are holding up
the distribution of R332-million of lottery money that should
be going to needy causes such as housing and emergency food
aid |
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Brave
new law fails to liberate information
- 20 October
South Africa's exemplary access-to-information legislation has
had next to no effect so far |
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In
a truly free society, sex can be paid for
- 20 October
Perhaps there is something about judicial office that makes
judges uncomfortable with such everyday matters as sex. They
may be good at stripping away arguments, but when it comes to
the bare necessities of life they somehow get lost. Perhaps
sex and legalism are unnatural bedmates |
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Court
'allows' toddlers to have two mothers
Twin toddlers have been officially declared to have two
mothers, and following a ground-breaking legal decision this
week, the law is to be changed to reflect this reality. Now
the names of both women will appear on the children's birth
certificates - one as 'mother', the other as 'parent' |
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|
|
| Washington
Post |
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California
coast gets intrepid Internet watchdog
- 4 November
Detailed aerial photos by husband-wife team called boon for
environmental activism
see also : California
Coastal Records Project
Copyright
Kenneth Adelman 2002
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Ex-hacker
preaches unique security message
- 2 October
No security technology can prevent an unsuspecting employee
from being duped into letting the enemy in through the front
gate |
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Just
like the day they died
: Texas library preserves remains of defunct agencies
- 21 October
Deep in the basement of the A M Willis Jr Library at UNT, a
computer server preserves the Web sites of government entities
that have received their final appropriation |
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Attack
on Internet called largest ever - 22 October
The heart of the Internet sustained its largest and most
sophisticated attack ever, starting late Monday, according to
officials at key online backbone organizations |
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Get
ready for the Obnoxious Online Ad Parade
- 10 October
Web advertising is getting ruder and noisier by the week.
That's because the Internet ad industry is in total turmoil,
still struggling after eight years to establish standards for
what advertising should be |
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Man
vs Motherboard - 13 October
Web Watch including an update on world chess champion Vladimir
Kramnik's live game against the world's smartest chess
computer
see also http://www.brainsinbahrain.com/
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|
|
|
| Wired
News |
| * |
FTC
: where spam goes to die
Sex swindles, credit card cons, dubious diet plans, drugs to
grow hair and other body parts - if it arrives in an
unsolicited e-mail, the Federal Trade Commission wants it.
They have asked people to forward any and all spam to a
special e-mail address |
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Man
sues Airlines for fare access - 14 October
When Robert Gumson, who is blind and uses a screen reader to
browse the Web, couldn't access Southwest Airlines' website to
make a reservation, he sued. Gumson and disability
rights group Access Now sued under the Americans With
Disabilities Act (ADA), wihch until now has only been applied
to brick-and-mortar facilities |
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